Agenda item

The licensing officer presented their report. Members had no questions for the licensing officer.

 

The applicant and their legal representative addressed the sub-committee.  Members had questions for the applicant and their legal representative. 

 

The ward councillor, objecting to the application addressed the sub-committee.  Members had questions for the ward councillor.

 

The sub-committee heard from other persons (local residents) objecting to the application.  Members had questions for the other persons.

 

The sub-committee also noted the written representations from other persons objecting to the application, who were not present at the meeting.

 

All parties were given up to five minutes for summing up.

 

The meeting adjourned at 12.42pm for the sub-committee to consider its decision.

 

The meeting reconvened at 1.33pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by Big Belly Entertainment Limited for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Big Belly Comedy Club, Unit 6 & Unit 7, Southbank Central Development, Stamford Street SE1 9LQ be granted.

 

Hours

 

The sale by retail of alcohol (on and off the premises):	Sunday to Thursday: 08:00 to 23:30 Friday and Saturday: 09:00 to 00:30
Regulated Entertainment in the form of ·  Performances of plays (indoors): ·  Films (indoors): ·  Live music (indoors): ·  Recorded music (indoors): ·  Performance of dance (indoors): ·  Anything of a similar description:	Sunday to Thursday: 08:00 to 23:30 Friday and Saturday: 09:00 to 00:30
Late night refreshment (indoors):	Sunday to Thursday: 23:00 to 23:30 Friday and Saturday: 23:00 to 00:30
Opening hours:	Sunday to Thursday: 08:00 to 00:00  Friday and Saturday: 09:00 to 01:00
Seasonal variations for performances of plays, films, live and recorded music, performance of dance, anything similar to performance of dance live and recorded music, Late night refreshment and sale by retail of alcohol:   On the commencement of British Summertime and on that day only, licensable activities (open hours) will be extended by one hour.
Non-standard timings for performances of plays, films, live and recorded music, performance of dance, anything similar to performance of dance live and recorded music, Late night refreshment and sale by retail of alcohol:   Licensable activities will be extended from the end of the permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in section M of the application form and the conditions agreed with the Metropolitan Police Service and the following additional conditions agreed by the sub-committee:

 

1.  That after 22:00 all people shall be directed via Unit 7 onto Stamford Street and not Upper Ground with temporary barriers at the Upper Ground exit of the premises.

 

2.  That there shall be a maximum capacity of 499 including the outside area (excluding staff). 

 

3.  That there shall be a total maximum capacity for the external areas of 90 comprising of 45 in the external area outside unit 6 and 45 in the external area outside unit 7.

 

4.  That the external area outside Unit 6 shall close at 21:00 with all furniture rendered unusable.

 

5.  That there shall be no externally promoted DJ led events.

 

6.  That wherever possible, single use plastics shall not be used, unless there is no alternative.

 

7.  That the website for the premises and all public literature shall  encourage the use of public transport and provide the public transport details for the vicinity.

 

8.  That smokers shall be directed to the external area outside unit 7.

 

 

Reasons

 

This was an application made by Big Belly Entertainment Limited for a premises licence to be granted in respect of the premises known as Big Belly Comedy Club, Unit 6 & Unit 7, Southbank Central Development, Stamford Street, London SE1 9LQ.

 

The licensing sub-committee heard from the applicant’s legal representative who advised that the premises was a comedy club, creative talent incubator and training centre.  It would bring a New York style comedy club and would be the only purpose built seven day a week comedy venue in Southwark.  The premises would host international acclaimed comedians and foster local creative talent.  In addition to a regular comedy programme, it would be a training centre to include podcasting, writing and stage tech workshops and courses, with a broader all day offering from mid-morning coffee and meetings through to lunchtime food and drinks.

 

The lower ground floor would be open to the public and would not require entry to the comedy events in order to serve the local offices and passing trade.  There would also be an outside seating area, along the frontage of the premises.

 

Although the premises were situated in the Borough and Bankside cumulative impact area (CIA), the applicant’s representative argued the premises was essentially an event space, so the CIA did not apply as detailed in paragraph 150 of Southwark’s statement of licensing policy (SoLP).  The premises was neither a nightclub nor pub/bar as the other persons (local residents) suggested.

 

Having carried out pre-application consultation, there were no outstanding representations from the responsible authorities. 

 

In terms of the objections raised by the other persons, the representative for the applicant advised that they reminded the sub-committee that it should look to the police as the main source of advice on crime and disorder as provided in paragraph 2.1 of the Home office Guidance issued under section 182 of the Licensing Act 2003 (December 2022).  The applicant had accepted 22 additional conditions with the police, who had since withdrawn its representation.

 

Similarly, the environmental protection team (EPT) were the experts in respect of the prevention of the prevention of public nuisance licensing objective and no representation had been submitted by them. 

 

The sub-committee could therefore be satisfied that the responsible authorities were satisfied that none of the licensing objectives would be undermined.

 

The licensing sub-committee heard from the ward councillor who informed members that the premises were located in the Borough and Bankside CIA.  There was a CIA policy as the area was saturated with licensed premises and because of the level of the alcohol related crime and disorder for the area and alcohol related hospital admissions. It was inevitable that 200+ patrons dispersing into a densely residential area would cause a problem in terms of crime and disorder, public nuisance and public safety.  The ward councillor urged the sub-committee to refuse the application, as this was reason for the CIA policy.

 

The licensing sub-committee heard from some of the residents who had objected to the application, namely other persons 1, 10, 13, 14 and 16 who raised concerns that the opening hours were inappropriate for a residential area.  They also advised that the premises was not designed for entertainment venues and would produce additional traffic and footfall, particularly since Hatfield’s was already a congested road, Stamford Street did not have any drop off/pick up points and Upper Ground was a one way street.  An increase of security was required. It was also well known that entertainment venues attracted an after hours drinking fraternity rowdy and noisy crowds. The proposed use is not compatible with the location and public safety of the residents immediately adjacent.

 

The licensing sub-committee noted the representations from 15 other persons who were not in attendance at the hearing.

 

Following the discussion stage of the hearing, the sub-committee were satisfied that the premises would not be a vertical drinking establishment.  The proposed activities by the applicants were more akin to an event space described in the Southwark statement of licensing policy.  As such, it was not a premises type that was subject to the CIA policy. 

 

The hours sought were in line with those detailed in SoLP for an event space. Of all the responsible authorities, only the Metropolitan Police Service had submitted a representation. That representation was subsequently conciliated.

 

The members were, however mindful of the other persons’ concerns and to limit any impact the premises may have on the residents and to promote the prevention of public nuisance licensing objective, the sub-committee imposed conditions set out in section 3 of this notice of decision.

 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

 

Appeal rights

 

The applicant may appeal against any decision:

 

a.  To impose conditions on the licence

b.  To exclude a licensable activity or refuse to specify a person as premises supervisor.

 

Any person who made relevant representations in relation to the application who desire to contend that:

 

a.  The  licence ought not to be been granted; or

b.  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

 

may appeal against the decision.

 

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.