Agenda item

Heaven, The Arches, London, WC2N 6NG (“The Premises”) 18/08991/LISEVR

1.

Relevant Entertainment (Striptease including full nudity)

Monday to Sunday: 00:00 to 00:00

Amendments to application advised at hearing:

Decision (including reasons if different from those set out in report):

This was an application to renew the Sexual Entertainment Venue (SEV) licence for the premises. Ms Michelle Steward (Presenting Officer) advised that there had been one local resident representation which was objecting to the renewal application.

Mr Barry Panto (WCC Legal Adviser) addressed the Sub-Committee to advise that there was an error on Page 40 paragraph 7.4, regarding the statutory grounds on which the Licensing Sub-Committee may refuse to grant a SEV licence. In addition to the two ground mentioned in the report there were two other grounds as follows:

(c) That the number of sex establishments, or of sex establishments of a      particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;  and

(d) That the grant or renewal of the licence would be inappropriate, having regard:

(i)           to the character of the relevant locality; or

(ii)          to the use to which any premises in the vicinity are put; or

(iii)         to the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.

Mr Craig Baylis (Solicitor, representing the Applicant) informed the Sub-Committee that, as the local resident representation is anonymous, there was no means by which his client could contact the resident to discuss and deal with the concerns raised. Mr Baylis felt that the nature of the objection (which was about queuing and alleged nuisance caused to the resident from persons who were rowdy and drunk and generally behaving in an inappropriate manner) was not relevant to the renewal of the SEV licence and was only relevant to the operation of the premises pursuant to its premises licence under the Licensing Act 2003.  Mr Baylis informed the Sub-Committee that the Heaven SEV licence is operated on a very limited basis - 1 hour per week on a Thursday evening to host a sexual entertainment event. The rest of the time the premises operates is a gay nightclub.

Mr Panto addressed the Sub-Committee and agreed that Mr Baylis had raised valid and fair points.  Mr Panto explained that there were two licences for the premises; the premises licence and the SEV licence.  The SEV licence relates to a part of the premises operation and the issue raised was more associated with the licensable activities authorised by the premises licence. Mr Panto advised that there are mechanisms for dealing with this type of issue, such as the application for a review of the premises licence.  Mr Panto explained, without providing any information that would identify the name of the objector that the representation was from a local resident who could potentially be concerned and impacted by the venue.  Mr Panto asked the applicant if they did want to respond to the concerns raised by the resident despite the fact that the issues raised might not be that relevant to this renewal application.

Mr Baylis informed the Sub-Committee that he had circulated documentation regarding Gay Pride and external crowd management.  Mr Baylis felt that Mr Joseph (Applicant) took excellent care of his operation and the way in which they are policed outside.  The Applicants are supporting the council on its projects to deal with street urination and are committing finances to help improve WCC signage for urinals and toilets.

The Sub-Committee sought further details in respect of the outside queuing system and the arrangements in place to police this. Mr Joseph advised the Sub-Committee that the premises has guest judges for a competition on a Thursday and every now and then there would be a queue, however this would not be very often, estimating 5 out of every 50 events hosted per year.  Members queried the date of the Gay Pride letter that went out to local residents and businesses.  Mr Joseph confirmed that the letter went out before Gay Pride and they did not receive any correspondence regarding the letter.

Members confirmed that there had been a complaint from a resident regarding the queuing outside the premises.  Members felt that, while the concerns may not be relevant to this application, this is something that the Applicant should nevertheless note as it could be raised in other proceedings before the Sub-Committee.  Members queried if the External Crowd Management policy is a part of the current premises licence.  Mr Joseph explained that it was not part of the premises licence and was an internal management policy.

Mr Panto mentioned to the Applicant that the local resident had stated that the queue went back to Adam Street.  Mr Turner advised that the queue goes up to John Adam Street and if the queue is long, it continues past Charing Cross station. However, it does not go as far as Adam Street and nor does it go into any of the residential areas at all.  There are security staff located along the queue to stop people going in to residential areas Mr Turner advised that each event is reviewed and there can be up to 20-40 members of staff and there could be 5 people outside managing queues.  Mr Joseph explained to the Sub-Committee that over the last 18 months queues have become bigger as they are taking longer to admit patrons into the club. Mr Joseph advised that they take security very seriously as they are a terrorist target.

The Sub-Committee granted the application as there were no grounds to refuse the renewal of the licence. No changes were made to any of the conditions on the licence. The members did advise the Applicant to be mindful of residents and to continue to maintain its high standards with regards to queuing.