Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

 

The representative for the applicant addressed the sub-committee.  Members had questions for the applicant’s legal representative.

 

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

 

The meeting adjourned at 10.30am for the sub-committee to consider its decision.

 

The meeting reconvened at 11.07pm and the chair advised everyone of the decision.

 

That the application made byQube (South) Limitedfor a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as The Qube – Commercial Unit 4 Rodney Place, 22 Ash Avenue, London, SE17 1HE be granted.

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operating schedule highlighted in Parts A, B, E, F, G, H, J, K, L, and M of the application form and the conditions agreed with the Licensing Unit during the conciliation process.

 

Supply of Alcohol (on and off Sales)	Sunday to Thursday from 08:00 to 00:00   Friday and Saturday from 08:00 to 01:00
Late night refreshment (indoors)	Sunday to Thursday from 23:00 to 00:00   Friday and Saturday from 23:00 to 01:00
The provision of regulated entertainment in the form of films, live and recorded music (indoors):	Sunday to Thursday from 08:00 to 00:00   Friday and Saturday from 08:00 to 01:00
Opening hours	Sunday to Thursday from 08:00 to 00:00   Friday and Saturday from 08:00 to 01:00

 

 

The Licensing Sub-Committee Conditions adopted the proposed conditions put forward by the applicant in their application form.

 

Conciliated Conditions from the Licensing Authority:

 

A.  General – all four licensing objectives:

 

1.   That all relevant staff shall be trained in their responsibilities under the Licensing Act 2003, the promotion of the licensing objectives and the terms and conditions of this licence. Records pertaining to such training (‘the staff training logs’) shall be kept at the premises, shall be updated every 6 months and shall be made immediately available to responsible authority officers on request. The training logs shall include the trainee’s name (in block capitals), the trainer’s name (in block capitals), the date(s) of training and a declaration that the training has been received and understood by the trainee. If the staff training logs are a paper hard copy then the signature of the trainee and the signature of the trainer shall be included.

 

B.  the prevention of crime and disorder

 

2.   That the requirement for the deployment of SIA registered door supervisors at the premises shall be risk assessed on an ongoing basis. Risk assessments shall be undertaken regarding any ‘special events’ at the premises such as parties, receptions, wakes, discos, major sporting events, any events where a large number of customers are expected at the premises and other any other events that the licensee deems necessary to risk assess. Such risk assessments shall be in written format. Copies of such risk assessments shall be kept at the premises for a minimum of 6 months and shall be provided to responsible authority officers immediately on request.

 

3.   When SIA registered door supervisors are deployed at the premises, the door supervisors will be employed to control entry to the premises, to deal with the searching / scanning of customers, to deal with any anti-social or disorderly behaviour at the premises, to de-escalate confrontations, to assist with emergency escape from the premises, to deal with the ejection of people from the premises, to assist management in liaising with the police regarding instances of crime at the premises and to assist with ensuring that the premises’ dispersal policy is adhered to. When deployed, they shall remain at the premises until all patrons have vacated the premises and until at least 30 minutes after the premises close. The door supervisors shall be easily identifiable.

 

C.  Public Safety

 

4.   That the maximum number of people permitted on the premises at any one time (the ‘accommodation limit’) is 180people (excluding staff). The accommodation limit shall be known by all staff and shall not be exceeded at any time.

 

5.   That clearly legible signage shall be displayed where it can easily be seen and read by customers and staff identifying all emergency escape routes and emergency exits at the premises. Such signage shall be kept free from obstructions at all times.

 

6.   That all emergency exits, emergency escape routes and entry / exit doors at the premises shall be kept free from obstructions at all times that the premises are in use.

 

7.   That any spills of liquid onto the floor at the premises’ shall be cleared away as soon as possible on a continuous basis whilst the premises are in use. Any wet floors will be clearly demarcated as such to prevent slips being caused by the wet floors. Relevant staff shall be trained in this, and details of such training including the printed name(s) of the trainee(s), and the date(s) that the training was given, shall be recorded in the staff training logs at the premises.

 

8.   That broken or waste glass / earthenware shall be cleared away as soon as possible on a continuous basis whilst the premises are in use to minimise risk of injury. Relevant staff shall be trained in this, and details of such training including the printed name(s) of the trainee(s), and the date(s) that the training was given, shall be recorded in the staff training logs at the premises.

 

9.   That appropriate first aid equipment / materials shall be kept at the premises in a dedicated first aid box / boxes. The first aid box(es) shall be kept easily accessible and unobstructed at all times. All staff shall be made aware of where the first aid boxes are located.

 

10.   That an accident book / recording system shall be maintained at the premises and be available and in use at all times that the premises are in operation. The accident book / recording system shall meet all current legislative requirements. Details of any accidents will be recorded in the accident book / recording system contemporaneously. The accident book / recording system shall be made immediately available to responsible authority officers on request. Relevant staff shall be trained in this, and details of such training including the printed name(s) of the trainee(s), and the date(s) that the training was given, shall be recorded in the staff training logs at the premises.

 

11.   That all public areas of the premises (including any public toilets) shall be kept in a sanitary, clean and tidy state at all times that the premise are in operation so that there is no risk to public health or safety regarding the sanitariness of the premises.

 

12.   That all areas of the premises and all fittings and equipment, door fastenings, notices, lighting, heating, electrical, toilet, washing and other installations, will be maintained in good order and in a safe condition at all times.

 

13.   That ‘Ask for Angela’ posters (or posters relating to whatever similar scheme may be recommended at any time) shall be displayed in the female toilet facilities and kept free from obstructions at all times. All staff shall be trained in the ‘Ask for Angela’ scheme (or similar scheme) and shall perform the appropriate course of action in the event of a customer requesting assistance. Details of such training, including the printed name(s) of the trainee(s), and the date(s) that the training was given, shall be recorded in the staff training logs at the premises.

 

D.  The prevention of public nuisance

 

14.   That a dispersal policy to assist with patrons leaving the premises in an orderly and safe manner shall be devised and maintained regarding the premises. A copy of the dispersal policy shall be accessible at the premises at all times that the premises are in operation. The policy should include (but not necessarily be limited to) the following:

 

I.   Details as to how customer / staff egress at the premises shall be managed to minimise causing nuisance.

II.   Details of public transport in the vicinity and how customers will be advised in respect of it.

III.   Details of the management of taxis to and from the premises.

IV.   Details of the management of any 'winding down' period at the premises.

V.   Details of the use of security and stewarding in respect of managing customer dispersal from the premises.

VI.   Details of any cloakroom facility at the premises and how it is managed.

VII.   Details of road safety in respect of customers leaving the premises.

VIII. Details of the management of ejections from the premises.

IX.   Details of how refuse / waste in the local vicinity arising through the operation of the premises will be cleared up (e.g. flyer clean up, post event clean up).

 

All relevant staff employed at the premises shall be trained in the latest version of the dispersal policy. Details of such training, including the printed name(s) of the trainee(s) and the date(s) that the training was given, shall be recorded in the staff training logs at the premises. The dispersal policy shall be made immediately available to responsible authority officers on request.

 

15.   That customers shall not be permitted to leave the premises with open drinks containers of any kind.

 

16.   That only the person in charge of the premises on each day shall set the sound level of the in-house amplification equipment at the premises. Other staff shall only alter any settings of the amplification equipment with the person in charge’s consent.

 

17.   That any litter caused by the operation of the premises shall be cleared away from the immediate vicinity of the premises periodically throughout operating hours, and at the end of trade, on each day that the premises are in operation. Relevant staff shall be trained in this, and details of such training including the printed name(s) of the trainee(s), and the date(s) that the training was given, shall be recorded in the staff training logs at the premises.

 

18.   That suitable external containers for customer’s cigarette butts shall be provided at all times that the premises are in use. Such containers shall be emptied regularly to ensure that they can be used at all times that the premises are in use, and so that they do not overflow and cause cigarette butt litter in the vicinity.

 

19.   That external doors at the premises shall be kept closed except for immediate, and emergency, access and egress to and from the premises when regulated entertainment is being provided at the premises.

 

20.   That any openable windows at the premises shall be kept closed at all times that licensable activities are taking place at the premises when regulated entertainment is being provided at the premises.

 

21.   That external waste handling, collections of goods from the premises, deliveries of goods to the premises and the cleaning of external areas shall only occur between the 07:00 hours and 22:00 hours.

 

22.   That, if and when required, staff shall interact with customers to ensure that customers behave at the premises in a quiet and orderly manner and also leave the premises and locale in a quiet and orderly manner. Customers deemed by staff to be engaging in anti-social behaviour shall be asked to leave the premises. All relevant staff shall be trained in this, and details of such training including the printed name(s) of the trainee(s), and the date(s) that the training was given, shall be recorded in the staff training logs at the premises.

 

23.   That any external areas of the premises will be closed to customers between 22:00 hours and 08:00 hours the following day except for up to a maximum of 10people at any one time using the external areas after 22:00 hours to smoke only. All outdoor furniture must be packed away or rendered unusable by 22:00 hours each day.

 

Reasons

 

The licensing sub-committee convened to consider an application for a new premises licence in respect of the premises known as The Qube – Commercial Unit 4 Rodney Place, 22 Ash Avenue, London, SE17 1HE.

 

The licensing sub-committee heard from the licensing officer who outlined the nature of the application and the remaining objection from a resident who was concerned about potential noise nuisance. She confirmed the applicant had conciliated with the licensing unit after the applicant agreed to a number of conditions put forward by it. No other responsible authority objected.  She went on to say the premises was not situated in a community impact area “CIA”.

 

The licensing sub-committee heard from the applicant’s representative. He explained that Qube has three other sites across London and this would be his fourth.  He stated that the premises is a work and community space for content creators.

 

The applicant stated that his business would support grassroots music producers, songwriters and content creators by providing flexible and affordable studio time to all ages and demographics.  He said, the business would provide mentoring and professional development to its members, with a view to supporting them to make money from their art, which in turn would enable members be self-sustaining professionals in industry.  He confirmed that he had three other sites across London with over 700 hundred members who paid a monthly subscription for the services provided.  He stated that members were able to get studio time, do podcasting and meet with other like-minded individuals.  He went on to say that members go through a vetting process prior to membership to ensure they have the right temperament and talent and; ensure they have an engaging community of creators.

 

The applicant’s representative stated that a letter was sent to the remaining objector setting out the steps taken to mitigate to outbreak of noise.  He also confirmed that a full acoustic report had been carried out and the recommended works were untaken.  The applicant went on to say that due to the nature of the business, it relied on sound not escaping otherwise the recording studios could not be used to record music.  He confirmed the business could not operate unless there was very good soundproofing throughout the building.

 

The applicant’s representative went on to point out that the hours applied for were consistent with Southwark’s Statement of Licensing Policy 2021-2026 and the premises is located in a major town centre, strategic cultural area. He noted, the business concerned cultural activities.  He went on to affirm, the main thrust of this application related to regulated entertainment and the sale of alcohol was secondary to that.

 

In answer to the licensing sub-committee’s questions he confirmed that members were over 18 years, however, on occasions minors under their mentorship scheme attended but are supervised at all times.

In relation to single use plastics, the applicant explained that plastics were not used in the service provided and members predominately used public transport.

 

After hearing all the parties, the licensing sub-committee retired to deliberate and consider the application, representations and all the conditions put forward.

 

The licensing sub-committee were impressed with the application, works undertaken to prevent noise nuisance and the overall presentation of the applicant and his representative.   Upon considering the objection and conditions agreed; the licensing sub-committee were persuaded that the objections raised could be allayed by the sound proofing works undertaken by the applicant.   In reaching its decision, the licensing sub-committee had regard to all the relevant considerations, the four licensing objectives and; considered that its decision was appropriate and proportionate in all the circumstances.

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.