Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’	Heaven,             The Arches,   WC2N 6NG	Sex Establishment Licence	21/08971/LISEVR
Cumulative Impact Area (N/A) Special Consideration Zone (N/A)

 

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

 

Wednesday 12 January 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Rita Begum

                               

Apologies: Councillor Susie Burbridge

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

 

Application for the renewal of the sex establishment licence for Heaven, The Arches, London, WC2N 6NG

Local Government (Miscellaneous Provisions) Act 1982 (as amended by the

Policing and Crime Act 2009) -21/08971/LISEVR

 

 

FULL DECISION

 

Premises

 

Heaven, The Arches, London, WC2N 6NG

 

Applicant

 

Jeremy Joseph

 

Represented by Craig Baylis (Solicitor - Kingsley Napley LLP)

 

Ward

 

St James’s

 

Summary of Application

 

Application for Renewal of an existing Sexual Entertainment Venue (SEV) Licence (20/06600/LISEVR).

 

There is a resident count of 166. 

 

Representations Received

 

·       2 Residential Objections

 

 

Summary of issues raised by objectors

 

·       Public nuisance caused by customers. For example shouting screaming and singing.

 

·       Lack of response by security and the manager at the premises to control customers causing a nuisance

 

·       The accumulation of rubbish on the pavement and public highway outside the premises

 

 

Policy Considerations

 

Considerations were given to City of Westminster SEV Statement of Licensing Policy 2012 and in particular, Suitability of the applicant – SU1, Entertainment carried on for the benefit of another person – SU2, the appropriate number of SEV in the locality – NO1, character of the relevant locality – LO1, Use of other premises in the vicinity – LO2, the layout, character or condition of the venue – LO3.

 

SUBMISSIONS AND REASONS

 

Mr Jackaman, the Presenting Officer introduced the application.

 

Mr Baylis, representing the Applicant, presented the application and provided an overview of the style of operation. The Sub-Committee was advised that the premises only operated for 2 hours per week under the SEV Licence and therefore the complaints made by the objectors were in fact relating to the operation of the premises under the Premises Licence issued under the Licensing Act 2003. This Premises Licence was not the matter before the Sub-Committee.

 

There have been no objections from the Metropolitan Police or Environmental Heath.

 

The premises operates with SIA registered door staff and also have a ‘litter patrol’ team. The Sub-Committee also noted that additional evidence served by the Objectors showed photographs of rubbish which was not associated to the premises.

 

The Objectors were not available to expand on their objections, but due consideration was given to the contents of their written submissions.

 

It was noted that there was no requirement on the SEV Licence or indeed the Premises Licence to have SIA registered door staff at the premises. The Sub – Committee explored whether the Applicant would consider having a condition on SEV Licence requiring SIA door staff to be used when operating under the SEV Licence. Mr Baylis submitted that this was a matter he will discuss with the Applicant.

 

The Legal Adviser to the Sub-Committee raised an issue in relation to the SEV and Premises Licence plans. The approved plans noted in conditions 35 on the Premises Licence and condition 25 on the SEV Licence conflicted with each other and all conflicted with the plans lodged in support of this application. The Applicant was informed by the Legal Advisor that the premises cannot trade under either licence without being in breach of those conditions. Mr Bayliss confirmed that this would be resolved.

 

The Sub-Committee considered Westminster City Council’s SEV Policy and in particular the following policy points:

 

1.     Suitability of applicant – SU1. The application confirms that no relevant offences have been committed.

2.     SEV carried on for the benefit of another person – SU2. The application confirms that they will not be carrying out the functions of regulated

entertainment at this premises for the benefit of another person.

3.     Appropriate number of SEV in a locality – NO1. This renewal would not exceed the appropriate number of sexual entertainment venues in the Westminster core CAZ north which stands as 25.

4.     Character of the relevant locality – LO1 The Arches are off Villiers Street, a busy thoroughfare between Charing Cross and Embankment stations. Within a 100 metre radius of the premises, there is a resident count of 166.

5.     Use of premises in the vicinity – LO2. The main use of premises in the immediate vicinity are commercial. There are no other SEV premises, schools, or places of worship in a 100 metre radius of the premises.

6.     Layout, character or condition of the venue – LO3.The premises is a large nightclub spread on the ground floor. For the current

Relevant Entertainment purposes, the entertainment takes place in the main dance floor area in the main room of the premises.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided , after taking into account all the circumstances of this application to grant the application for renewal.

 

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith

 

The Licensing Sub-Committee

12 January 2022