Greenwich Council

Agenda item

Unit 10, The O2, Peninsula Square, Greenwich SE10

Application for a premises licence

Decision:

Application for a new Premises Licence for Unit 10, The O2, Peninsula Square, Greenwich SE10

 

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Upon consideration of all the written representations, submissions and evidence put before it the Sub-Committee decided to grant a new Premises Licence in respect of:

 

Unit 10 (7.0.10), The O2, Peninsula Square, London SE10 0DX

 

as follows:

 

1.    Exhibition of Films, the Provision of Live and Recorded Music and similar activities and the Sale & Supply of Alcohol (Both On Sales only)

Monday to Saturday from 09:00 hours until 02:00 hours the following day

Sunday from 10:00 hours until 02:00 hours the following day

 

2.    Provision of Late Night Refreshment

Monday to Sunday from 23:00 hours until 02:00 hours the following day

 

3.    Proposed Opening hours of the Premises

Monday to Saturday from 09:00 hours until 02:30 hours the following day

Sunday from 10:00 hours until 02:30 hours the following day

 

The premises licence shall be subject to the conditions offered and agreed by the applicant as amended by the Sub-Committee as follows:

 

1.    TheChallenge 25/Think25 proofof agescheme shallbe operatedat the Premises.All customerswho appear to staff to be under theage of25 willbe challengedto provethat theyare over18 whenattempting topurchase alcohol.Acceptable formsof IDinclude aphoto drivinglicence, passport,or homeoffice approvedidentity cardbearing theholographic ‘PASS’mark. Ifthe personseeking alcoholis unableto producean acceptableform ofidentification, nosale orsupply ofalcohol shallbe madeto orfor thatperson.

 

2.    Allstaffinvolvedinthe saleor supplyof alcoholshallbe trained, as part of their induction, inthe responsiblesaleof alcohol.Such trainingwillincludechallengingeveryindividualwhoappears to staff to beunder 25years ofage andto refuseservicewhereindividualscannot produceacceptablemeans ofID, andusingthe Refusals Log.Suchtraining (includingany refreshertraining)willbe recorded in the Training Log.

 

3.    Signage shall be displayed conspicuously on the premises in customer facing areas to advise customers that suitable proof of age documentation will be required for all purchaserswho appear to staff to beunder 25.

 

4.    Water and non-intoxicating beverages will be readily available during the hours that alcoholic beverages are available for purchase.

 

5.    A Refusals/Complaints/Incident Log(s)mustbe maintained and accessible at the Premises,and made available for inspection on reasonable request, to the Policeor to anAuthorised Person.  The Logs are tobe inspectedregularlyby the DPS (or their nominated deputy)and notedinthe log with a record madeof any appropriate follow up actions.   Without limiting the above, the following shall apply to the Refusals and Incidents logs:

 

Refusals: The Logmustrecord all refusedsalesof alcoholandinclude thefollowing:

a)    theidentityof themember ofstaffwho refusedthesale

b)   thedate andtime ofthe refusal

c)    thealcoholrequestedandreasonfor refusal

d)   descriptionof thepersonrefusedalcohol

 

Incidents:   The Log must record:

a)    all crime reported to the Premises;

b)   all ejections of patrons;

c)    any incident of disorder;

d)   all seizures of drugs and/or offensive weapons;

e)   any faults in the CCTV system (if the Premises has CCTV);

f)     any visit by a Responsible Authority officer or officer of the Emergency Services.

 

6.    The Premises shall risk assess its own requirements as to the need (if any) for SIA door staff, having considered the advice of the Police (if any).  Customers ejected or removed from the Premises shall be escorted to outside of the main public entrance of The O2.

 

7.    Following notification of the date; time and location of each meeting; the DPS (or their nominated deputy) shall make reasonable efforts to attend all AEG Nominated Representatives and Security meetings.

 

8.    The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer.

 

9.    All entry and exit points will be covered enabling front identification of every person entering in any light condition. The CCTV system will be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.

 

10.The CCTV system shall display on any recording the correct time and date of the recording.

 

11.The CCTV shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

 

12.All recordings shall be stored for a minimum period of 31 days with date time stamping. Recordings shall be made available immediately upon requires of the Police or authorised officers though the preceding 31 day period.

 

13.A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times the premises is open to the public. This staff member must be able to show a Police or authorised officer recent data or footage with the absolute minimum of delay when requested.

 

14.When Regulated Entertainment (in the form of live or recorded music) is taking place in the Premises:

a)    External doors and windows to the premises shall be kept closed whilst that entertainment is taking place except for access & egress;

b)   Any amplified music or amplified sound comprised in that entertainment shall be inaudible at a point 1metre from the façade of any existing noise sensitive premises;

c)    All speakers should be suitably isolated from the structure of the premises by means of isolation/acoustic mounts.

d)   Any speakers should face away from all entrances/exits to the Premises.

15.To minimise the risk of undue disturbance to those in the vicinity of the Premises, the Premises shall:

a)    Display clear signage next to its exits to remind patrons to leave quietly and to be respectful of those in nearby residential properties;

b)   Close the external garden area (external to the tent and hatched blue on the licensing plan (B)) by 23:00 hours at the latest with any garden bar within that outside garden area closing for sales of alcohol by 22:45 hours at the latest and ask any patrons in that area to move inside the premises from that time;

c)    Only provide toughened glass for use in the garden area;

d)   At all times that the garden area is in use for licensable activities ensure that it is adequately staffed and managed to minimise the risk of any negative impact on the promotion of the licensing objectives.

 

16.No licensable activities shall take place under the terms of this Licence until the following occurs:

a)    The Tenant/Operator (or authorised Third Party) has lodged with the Police, Licensing Authority, Environmental Health Team and/or the Fire Authority a copy of its fit out/final layout plan and it has been approved by them.

 

Definitions:

‘Police’ means the Police Officer with responsibility for licensing in the Royal Borough of Greenwich as nominated (for the purposes of these conditions) by the Metropolitan Police

‘Authorised person’ means any authorised officer of the Royal Borough of Greenwich

‘Existing noise sensitive premises’ means residential premises which are built and are occupied as of 15th May 2018.

 

 

The Sub Committee’s decision was based on issues raised concerning the prevention of public nuisance licensing objectives.

 

In reaching their decision the Sub Committee considered representations from the applicant’s legal representative who stated that the application was unusual in that there was currently an existing premises licence in place which was granted in May 2018. The existing premises licence provided for the same licensable activities and permitted hours as the current application being considered. The reason for the current application was to extend the licensed area to include the external garden space in front of the adjacent Unit 9. The applicant’s representative argued that absorbing the external garden space from Unit 9 into the remit of the licensed area for Unit 10, would promote the licensing objectives as, there would be one operator managing any issues arising from use of the whole of the external premises.

 

The Sub Committee heard that the applicant intended the licensed premises to operate as a restaurant/bar founded on a concept of being ‘at one with nature’. There would be no dance floor nor loud music. It was proposed that only background music would be provided and limited to a level which would allow patrons to converse.

 

The applicant’s representative informed the Sub Committee that the Acoustic Report commissioned by Residents was fundamentally flawed in that it based its findings on the assumption that the licensed premises would have high level loud dance music. The applicant’s representative stated that the background music would not impact on residents or those tenants or owners living at the Arora Tower. She pointed out that there were already conditions (Annex 2, Conditions 14 & 15) in the existing premises licence dealing with live and recorded music to ensure that residents would not be disturbed by background music. The Sub Committee was reminded that the current premises licence was granted in May 2018 following consultations including an input from the Environmental Health Team that specific conditions be included to address the concerns of residents regarding noise disturbance. In addition, tenants of the units were bound by a tenant’s handbook which had onerous conditions not to cause a nuisance to other tenants. The Sub Committee accepted the representation. However, it felt that it was important for the Police, Licensing Authority, Environment Health Team and/or Fire Authority to approve the final layout plan. To this end, the Sub Committee amended Condition 16 to state that the final layout plan had to be approved. 

 

The Sub Committee heard from a resident at Arora Tower who was objecting to the application on the basis that the grant of the application would potentially cause a disturbance particularly when windows were open and that he could hear people speaking on the ground floor. He stated that his objections were not towards the operations of the licensed premises but with its conditions. He stated that at the time Direct Acoustics were commissioned to prepare a report, nothing was known of the intended use of the licensed premises. He confirmed that his confidence in the general approach of the applicant to operate the licensed premises had increased.

 

In considering the application, the Sub-Committee noted paragraph 8.1 of the Licensing Policy which states that “Every application …. will be considered on its own merit and due regard will be given to the Guidance …. and Licensing Act 2003”. Paragraph 3.24 of the Licensing Policy was also considered, namely, “The Royal Borough will require any applicant to demonstrate within their operating schedule how they intend to prevent public nuisance” …… and at paragraph 3.26 that “[p]rocedures must be put in place to manage the behaviour of customers”. The Sub-Committee was also mindful of section 2.17 of the Guidance which states that [c]onditions relating to noise nuisance will usually concern steps appropriate to control the levels emanating from premises”.

 

In reaching their decision, the Sub-Committee considered all the written and oral representations. It was noted that there had been eight representations objecting to the application, all regarding the licensing objective of the prevention of public nuisance and including an independent acoustic report. However, five representations had been withdrawn following clarification from the applicant that the licensed premises would not be a dance/night club or large scale ‘event’ space. The Sub Committee took into account the residents’ request that there should be reasonable constraints placed on the premises licence and that additional conditions be imposed. The Sub Committee was not persuaded that it was appropriate to place further constraints or impose additional conditions.

 

There were no representations made by any of the Responsible Authorities.

 

The Sub Committee was concerned that the applicant could potentially provide film on a Big Screen in the external garden area of the licensed premises and asked the applicant how they would ensure that there no negative impact on neighbouring premises. The applicant stated that there was no intention to show films on a large screen and in any event there was a restriction in the lease about the provision of cinema to which the applicant was subject. The Sub Committee were satisfied by the assurance of the applicant.

 

The Sub Committee did not find any evidence in support of the contention that the people causing damage to the car at the Arora Tower Car park or the people engaged in drunken and disorderly behaviour after attending some events at the O2 had a connection to the licensed premises nor was there any evidence to show that the licensed premises were likely to attract such clientele.

 

The Sub-Committee took into account that the applicant was experienced with a strong track record and was persuaded by the representations of the applicant that he was committed to promoting the licensing objectives and that the conditions offered by the applicant as well as the amended condition 16 in page 23 of the Agenda were sufficiently robust to address the concerns that had been raised by residents. The Sub-Committee was therefore minded to grant a new premises licence on the basis that the conditions volunteered by the applicant, and the amended condition 16 were appropriate and proportionate to promote the licensing objective of the prevention of public nuisance. 

 

The applicant or any other person who made relevant representations may appeal against the Council’s decision to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from service of the written decision notice.

 

 

 

 

 

 

 

Supporting documents: