Agenda item
Marylebone Theatre, Ground Floor, 35 Park Road, NW1 6XT
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 20 October 2022 – Item 2
Membership: Councillor Concia Albert (Chairman) and Councillor Caroline Sargent.
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Roxanna Haq
Other Parties: Mr Owen Lloyd (Applicant, Theatre Manager), Mr Peter Mayhew (Licensing Agent, representing the Applicant) and
Mr Maxwell Koduah (Environmental Health Service)
Application for Variation of a Premises Licence in respect of Marylebone Theatre, Ground Floor, 35 Park Road, London NW1 6XT- 22/07446/LIPV
Full Decision
Premises
Marylebone Theatre
Ground Floor
35 Park Road
London NW1 6XT
Applicant
The Anthroposophical Association
Ward
Regents Park
Cumulative Impact Zone
N/A
Special Consideration Zone
N/A
Additional Activities and Hours applied for
1. To permit the exhibition of films
Monday to Sunday 12.00 to 23.30 (Basement to third floor).
2. To vary the start time for the provision of plays
Monday to Sunday 12:00 to 00:00 (Basement to third floor).
3. To permit the existing licensable activities and closing time
to cover the basement to the third floor.
4. To permit the sale of alcohol for consumption on the premises
Monday to Sunday 11.30 to 23.00 (Basement to third floor).
5. To remove and add conditions to promote the licensing objectives
6. To amend the current approved plans.
Summary of Application
This is an application for a variation of Premises Licence under the Licensing Act 2003 (“The Act”). The premises operates as a theatre.
There is a resident count of 212.
The Premises are located in the Regents Park Ward but not in the Cumulative Impact Zone or Special Consideration Zone.
Representations received
Environmental Health Service (EHS) (Maxwell Koduah)
Three Residents objected to the application (one withdrew on 13 September 2022)
Summary of Objections
· The application for plays, films and sale of alcohol would have the likely effect of causing an increase in Public Nuisance and affect Public Safety. There is an increase in capacity from 264 to 320 (56).
· The music is very loud at events on Sundays.
· Playing music until 00.00 is unacceptable
Policy Position
HRS1
· Applications within the core hours set out below in this policy will
generally, be granted for the relevant premises uses, subject to not
being contrary to other policies in the Statement of Licensing Policy.
The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
CCSOS1(A)
· Applications outside the West End Cumulative Zones will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1 and the hours for licensable activities are within the Council’s Core Hours Policy HRS1.
· Core Hours: Cinemas, Cultural Venues and Live Sporting Premises
Monday to Sunday: 9am to Midnight.
SUBMISSIONS AND REASONS
Mr Peter Mayhew, Licensing Agent, on behalf of the Applicant, outlined the application before the Sub-Committee. He advised that the Premises were an established theatre which had been in operation for many years. He stated that the Applicant had decided earlier this year to change the way the theatre operated to maximise the available space and its revenue. He added that renovations had taken place and now there were scheduled performances going forward which had already been running under Temporary Event Notices (TENs).
Mr Mayhew explained that the Applicant had approached the Licensing Service who had advised them that the current Premises Licence was not fit for purpose as it did not permit the sale of alcohol and the conditions were somewhat dated. The Licensing Service therefore suggested that the Applicant make an application to vary their current Premises Licence to permit the exhibition of films and the sale of alcohol within the hours current permitted on the existing Premises. He added that the variation was made predominately to get the sale of alcohol onto the licence and emphasised that the sale of alcohol was very much ancillary to the other activities in the theatre. He advised that the small bar would only be selling a few glasses of wine and beer to people attending the activities within the theatre.
Mr Mayhew advised the Sub Committee that the Applicant was proposing to add 30 additional conditions to the Premises Licence to make it fit for purpose to sell alcohol and that the majority of the conditions were from the Council’s list of model conditions.
Mr Mayhew referred to the three representations against the application and advised the Sub Committee that one of the representations had now been withdrawn. The Licensing Service confirmed that this was correct. Mr Mayhew advised that neither of the representations were really relevant to this variation as they both referred to preventing the extension of the hours of operation for music, recording music and live music and the Applicant was seeking of none of these activities or an extension to the operating hours. He advised that the only change was to the regulated entertainment of sharing of films which would end before the hours for recorded music and live music needed to be licensable activities and included on the Premises Licence. He added that the theatre was also going to start showing their films earlier in the day on a Sunday to benefit residents.
Mr Mayhew referred to the representation received from the Environmental Health Service (EHS). He advised that the Applicant had met with the Environmental Health Officer and the District Surveyor and had agreed a set of proposed conditions to be added to the Premises Licence and the deletion of the existing conditions from the current operating schedule. He outlined that during the meeting there had been discussion regarding the rules of management and that he could now confirm that an up-to-date rules of management document had been produced which was much more practical for the Applicant and the Responsible Authorities. He added that the document had been sent to the Licensing Authority and the Environmental Health Service and that the Environmental Health Service were content with the new Rules of Management document. He requested to circulate the document to the Sub Committee, however, the Sub Committee decided not to accept it as the two objectors were not in attendance at the meeting. Mr Mayhew then outlined the extensive proposed conditions that had been agreed between the Applicant and the Environmental Health Service and highlighted how the Applicant would be operating from the perspective of public safety.
Mr Maxwell Koduah, representing the Environmental Health Service (EHS), advised that EHS had maintained their representation to assist the Sub Committee if they had any questions regarding the proposed conditions that had been agreed between the EHS and the Applicant. He confirmed that he did not have any concerns with the application and that there had been no noise complaints made against the theatre. Mr Koduah emphasised that as this was an application for a variation to the Premises Licence and therefore the conditions attached to the Premises Licence needed to be appropriate and proportionate and ensure that the four licensing objectives were promoted. Mr Koduah advised that he had seen a copy of the Premises dispersal policy and he was content with it.
In response to questions from the Sub Committee, Mr Mayhew explained that it was highly unlikely that the Premises would ever be at full capacity at any one time. He advised that the capacity had been increased due to the theatre wishing to use a couple of additional rooms located upstairs for conferences, business meetings and educational programmes. He confirmed that the District Surveyor was very content with the new capacity figures. He stated that the theatre would not be operating after 11pm and therefore it would not cause any late-night nuisance in the area. He advised that there was a small smoking area located at the side of the theatre, however, people usually left the theatre straight after the performance and did not stop to smoke. He confirmed that Challenge 25 would be in operation at the bar and that the bar area was only for use by patrons of the theatre. He advised that the theatre programme of events was set well in advance and that all events were risk assessed and if there was a necessity for SIAs they would be hired for that particular event. He stated that no complaints had been received during the 20 days of operating under the Temporary Event Notices. He confirmed that the Applicant was very happy to engage with the local residents to resolve any issues. He outlined that the duty manager was always located at the box office except in an emergency and the telephone would always be answered and the voicemail system regularly reviewed during the evening.
Mr Mayhew stated that the theatre could monitor capacity via the box office and the selling of theatre tickets, and all events would be prebooked so the Applicant would always know what type of event was being held in the rooms and the numbers attending. He advised that the bar area would not sell spirits or cocktails and that the sale of a few glasses of wine and beer were complimenting the other activities in the theatre. He outlined how the theatre disposed of their waste and glass bottles and referred to the disposal of waste conditions that would be attached to the Premises Licence.
Ms Walker, Legal Advisor, then discussed the numerous conditions with the Sub Committee, Mr Mayhew and Mr Drayan and between them agreed amendments, deletions and additions to the conditions that would be attached to the Premises Licence if the Committee were minded to grant the application. Discussions included recycling of glass bottles, the timings of the waste collection, providing a telephone number of the duty manager and smoking outside of the Premises.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and took into account all the committee papers, submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter.
The Sub-Committee in its determination noted that the Premises had been operating as a theatre for many years without complaint and the Environmental Health Service did not have any specific issues with the Premises when it came to public nuisance and crime and disorder. The Environmental Health Officer stated that EHS had maintained their objection to assist the Sub Committee with the extensive proposed conditions to be added to the Premises Licence. The Sub Committee further noted that there was no change in respect of the permitted hours and the additional conditions imposed on the Premises Licence would alleviate any residential concerns.
The Sub-Committee imposed on the Premises Licence Model Condition 24 which requires that a telephone number be made available for the Premises so that local residents and businesses in the vicinity can make contact should any problems arise.
In reaching its decision the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.
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 individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for the exhibition of films Monday to Sunday 12:00 to 23:30 hours (Basement to Third Floor).
2. To grant permission to vary the start time for the provision of plays Monday to Sunday 12:00 to 00:00 (Basement to Third Floor).
3. To grant permission for the existing licensable activities and closing time to cover the basement to the third floor.
4. To grant permission for the sale of alcohol for consumption on the premises Monday to Sunday 11:30 to 23:00 hours (Basement to Third Floor).
5. To grant permission to remove and add conditions to promote the licensing objectives.
6. To grant permission to replace the current approved plans with the plans submitted in support of the application.
7. That the Licence is subject to any relevant mandatory conditions.
8. That the existing conditions on the Licence shall apply in all respects except in so far as they are varied by this Decision.
Conditions consistent with the operating schedule
11. Appropriate induction training shall be undertaken with all relevant staff who do not hold a Personal Licence to cover appropriate subjects for their role including:
a. The responsible sale of alcohol.
b. The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking and authenticating accepted forms of identification.
c. The responsibility to refuse the sale of alcohol to any person who is drunk.
d. Fire safety and emergency evacuation procedures
All training shall be recorded and training records made available on request to an authorised officer of the Licensing Authority or the Police.
12. Recording Practices - An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police, which will record the following:
a. all crimes reported to the venue
b. all ejections of patrons
c. any complaints received concerning any of the Licensing Objectives
d. any incidents of disorder
e. all seizures of drugs or offensive weapons
f. any faults in the CCTV system or searching equipment or scanning equipment.
13. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31-day period.
14. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
15. A Zero Tolerance Policy towards the use, possession and supply of illegal drugs shall be adopted and enforced.
16. The Premises Licence Holder shall risk assess any event taking place at the premises which involves Licensable Activities, to identify the requirements for door supervisors:
a. Where a requirement for door supervisor is identified a minimum of one SIA Registered Door Supervisor per 100 customers or part thereof shall be employed.
b. Where a requirement for door supervisor is identified, a register of door supervisors employed shall be maintained. This register shall record their name, SIA Door Supervisor Licence number, contact details and be signed by the Door Supervisor as well as an authorised member of the premises management team.
17. Fire Safety - A fire risk assessment shall be conducted and regularly reviewed. In line with the Fire Risk Assessment:
a. An integrated fire detection and alarm system is installed, checked, regularly tested and maintained by a competent person.
b. Fire extinguishers are installed in accordance with the recommendations of the fire risk assessment.
c. Emergency lighting is installed in accordance with the recommendations of the fire risk assessment.
d. All emergency exits are marked on the premises plan.
18. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 320 persons.
19. Adequate and suitable first aid boxes shall be maintained and signage to identify their location and the location of first aiders shall be displayed.
20. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
21. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
22. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
23. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
24. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
25. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
26. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.
27. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times,
28. No waste or recyclable materials including bottles shall be:
a. moved, removed or placed in outside areas between 22:00 hours and 06:30 hours on the following day.
b. No waste or recyclable materials shall be emptied from one receptacle into another in any external area of the premises between 22:00 hours and 09:00 hours on any day.
29. During the hours of operation of the premises the Licence Holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises and that this area shall be swept and or washed.
30. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
31. Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.
32. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by suitably trained member of staff, so as to ensure that there is no public nuisance or obstruction to the public highway.
33. Smoking Area - An ashtray shall be affixed to the wall outside and staff shall be trained to clear any litter generated by smokers on a regular basis.
34. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
35. Patrons permitted to temporarily leave and then re-enter the premises e.g., to smoke or make a phone call shall not be permitted to take any alcohol with them.
36. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
37. A copy of the premises' dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
38. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
39. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises are open.
40. All external doors and those windows in rooms where any regulated entertainment or amplified music is taking place, shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
41. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22.00 and 07.00 hours on the following day.
42. No deliveries to the premises shall take place between 22.00 and 08.00 hours on the following day.
43. Non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
44. A direct telephone number for the duty manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity upon request.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
20 October 2022
Supporting documents:
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LSC Report - Marylebone Theatre_Redacted, item 3.
PDF 4 MB - Restricted enclosure View the reasons why document 3./2 is restricted