Agenda item

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

 

The applicant addressed the sub-committee.  Members had questions for the applicant.

 

An other person objecting to the application addressed the sub-committee.  Members had questions for the other person.

 

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

 

The meeting adjourned at 12.55pm for the sub-committee to consider its decision.

 

The meeting reconvened at 1.15pm and the chair advised the attendees of the decision.

 

RESOLVED:

 

That the application made by Revolting on Screen Ltd for a premises licence to be granted under s.17 of the Licensing Act 2003 in respect of the premises known as The Arzner, 10 Bermondsey Square, London SE1 3UN be granted as follows:

 

1.  Plays (indoors):

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

2.  Films (indoors):

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

3.  Live Music (indoors):

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

4.  Recorded music (indoors):

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

5.  Performances of Dance (indoors):

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

6.  Late night refreshment (indoors):

 

·  Thursday to Saturday: 23:00 to 00:00

 

7.  Supply of alcohol (off the premises):

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

 

8.  Supply of alcohol (on the premises):

 

·  Sunday to Wednesday: 10:00 to 22:30

·  Thursday to Saturday: 10:00 to 23:30

 

9.  Opening hours:

 

·  Sunday to Wednesday: 10:00 to 23:00

·  Thursday to Saturday: 10:00 to 00:00

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, any conditions derived from the operation schedule highlighted in Section M of the application form and the conditions agreed with trading standards and licensing as responsible authorities during conciliation.

 

Reasons

 

On 9 July 2024 Revolting on Screen Ltd applied under section 17 of the Licensing Act 2003 for a premises licence in respect of the premises known as The Arzner, 10 Bermondsey Square, London SE1 3UN.

 

The licensing officer updated all parties regarding errors within the report: firstly in respect of the hours that had been applied for, secondly in respect of the history of the premises.

 

The applicant considered cinemas to be a culturally important space for Londoners, they explained that their intention was to create a commercially viable business giving residents and visitors access to art house and independent films. They ran another licenced premises within the borough and The Arzner would provide a doubling of LGBTQ+ venues within the area. They would be the only LGBTQ+ cinema in London, operating as a safe space for all in one of the most densely populated LGBTQ+ areas of the country.

 

The premises was previously licenced but the licence holders went into administration, losing the licence before it was able to be transferred. The applicant was keen to highlight that the presence of a cinema was a planning requirement placed upon the building when it was first built.

 

They envisaged any live music or dancing would accompany a premiere or a press night, at the request of somebody that was hosting an event. They emphasised that they did not intend to be a live music venue and did not have space for a stage or a band.

 

The applicant detailed the layout of the building, explaining that the screening area had 50 seats and they hoped that people would use the bar before and after screenings, as well as some other customers. The outside area was approximately one and half picnic benches long and there were physical barriers to indicate this. No resident doors were close to the premises.

 

Three other persons submitted written representations in advance of the hearing, two of which were residents within the area and the other was submitted by the Bermondsey Square Recognised Tenants Association (RTA). The sub-committee gave these careful consideration.

 

A representative for the RTA was in attendance at the hearing, they explained that the RTA were very supportive of a cinema being in the square and considered it a real cultural hub. They welcomed the diversity an LGBTQ+ cinema would bring but were concerned in respect of noise nuisance that may result from the cinema, particularly when using any outside space. Many families with small children and babies resided in the block and they wished to limit live music, dancing and late operating hours.

 

The outside space was shown to the sub-committee and concerns were predominantly raised in respect of another premises, and whether The Arzner would add to the nuisance already suffered.

 

The sub-committee noted that the responsible authorities had withdrawn their representations after extensive conditions had been agreed with the applicant. These included conditions preventing the use of the outside space after 22:00 hours, which is compliant with the Southwark statement of licensing policy 2021-2026 (SOLP).

 

It had also been agreed that a sound limiting device would be installed at the premises, calibrated so that the level of amplified sound would not cause a statutory or public nuisance. It was further noted that no complaints had been made about the premises prior to the previous licence expiring.

 

The sub-committee were satisfied that the conditions imposed would address the concerns raised in respect of public nuisance. The applicant was an experienced venue runner who appeared to appreciate the concerns of the residents; in order to assist with strengthening the relationship with residents and addressing any issues that arise, the sub-committee recommended that the premises regularly liaise with the RTA.

 

In reaching this decision the sub-committee had regard to all of the relevant considerations, the four licensing objectives and the public sector equality duties 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 desires to contend:

 

a)  That the licence ought not to have been granted; or

 

b)  That, on granting the licence, the licensing authority ought not 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.