Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   *None   **None	The University of Westminster 16 Riding House W1W 7EB	New Premises Licence	23/00972/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 11 May 2023

 

Membership:           Councillor Angela Piddock (Chair) Councillor Md Shamsed Chowdhury and Councillor Jim Glen

 

Other Parties:          Horatio Chance (Legal Advisor)

                                Committee Clerk (Jack Robinson-Young)

                                Policy Advisor (Aaron Hardy)

                                Environmental Health Services (Anil Drayan)

Catherine Noble, Solicitor (Mills & Reeves LLP) for the Applicant Westminster University, Mr Matthew Morrison (Director).

 

Application for a New Premises Licence in respect of The Soho Poly Theatre

16 Riding House Street London W1W 7EB 23/00972/LIPN

 

 

Full Decision

 

 

Case Summary

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of The Soho Poly Theatre 16 Riding House Street London W1W 7EB (“The Premises”). 

 

The Premises intends to operate as a theatre under the name of The Soho Poly Theatre and intends to provide contemporary performance space and a hub for community engagement with a proposed capacity of 60.

 

The Applicant sought pre-application advice and has provided further submissions featured in the additional agenda pack. The Premises are within the West End Ward but not located in either the West End Cumulative Impact Zone nor any Special Consideration Zone. There is no policy presumption to refuse the application so the matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

 

Representations were received from the Environmental Health Service and 15 local residents.

 

There is a resident count of 127.

 

Premises

 

The Soho Poly Theatre

16 Riding House Street

London

W1W 7EB

Applicant

 

The University of Westminster

 

Cumulative Impact Area

 

N/A

 

Activities and Hours

 

Late Night Refreshment (Indoors)

 

Monday to Sunday: 23:00 to 00:00

 

Seasonal Variation: New Year's Eve: 23:00 to 05:00 on New Year's Day

 

Performance for the Exhibition of Films and Plays (Indoors)

Monday to Sunday: 09:00 to 00:00

 

Seasonal Variation New Year's Eve - licenced hours extended from the end of the authorised hours on New Year's Eve to the start of authorised hours on New Year's Day.

 

Live Music, Recorded Music, Performance of Dance (Indoors)

Monday to Sunday: 09:00 to 00:00

Sundays immediately before a bank holiday: 09:00: -00:24:00. New Year's Eve - licenced hours extended from the end of the authorised hours on New Year's Eve to the start of authorised hours on New Year's Day

Anything of a similar nature

 

Monday to Sunday: 09:00 to 00:00

Seasonal Variation: None

 

Sale by Retail of Alcohol (On) the Premises

 

Monday to Sunday: 09:00 to 00:00

 

Seasonal Variation None

 

Opening Hours to Public

 

Monday to Sunday 09:00 to 00:00

 

Seasonal Variation New Year's Eve extended to closing of New Year's Day

Representations Received

• Environmental Health Service (Anil Drayan) (EHS)
• Jennifer Kavanagh 44 Langham Street W1W 7AU
• 15 local residents.

 

Summary of Representations

 

·       The Regulated Entertainments sought and for the times requested may lead to an increase in Public Nuisance in the area and impact on Public Safety

·       The provision of Late-Night Refreshment for the times requested may lead to an increase in Public Nuisance in the area.

·       The Supply of Alcohol and for the times requested may lead to an increase in Public Nuisance in the area and impact on Public Safety Environmental Health also makes the following further comments:

·       Westminster’s Statement of Licensing Policy – see on the Council’s website – requires licensed premises demonstrating compliance with policy CH1, Protection of Children from Harm. Free advice on complying with this can be found in the Policy (see page 36 of policy).

·       Some conditions have been offered and these are being considered as to if they are sufficient for the proposed use.

·       The provision of sanitary accommodation is recommended to be at least in line with page 4 BS6465 for any proposed capacity.

·       It is unclear if the premises have already been refurbished for the proposed use it should be constructed at least in line with the Technical Standards for Places of entertainment.

·       I am concerned at alcohol and music being available until midnight 7 days a week. This is a lot later than other venues in the neighbourhood. There are already too many licensed venues, causing noise and disruptions to neighbours.

·       I would ask that the sale of alcohol not be permitted until midnight, but be permitted instead only until 11pm. This theatre is located in a primarily residential neighbourhood and serving alcohol until midnight likely will cause more noise and late night disturbances for the local residents.

·       I am a resident and small business owner at 42 Langham Street, W1W 7AT. We would ask that the licencing committee consider the following items: There is no reason for this licence to be granted outside of Westminster's core hour policy. The use of this space does not warrant a licence to sell alcohol until midnight. It brings into question the use of the space by the university. An 11pm cut-off would be more reasonable. The sale of alcohol until midnight would set a dangerous precedent for other local food and beverage venues which residents are trying to resist.

·       This part of Fitzrovia is and should remain distinct from other parts of the West End. Other parts of the West End such as Soho are more aligned with the night-time economy. Fitzrovia however, is characterised by quieter residential streets with lower density of mixed retail and leisure uses. There is, however, a worrying trend of the character of the busier streets such as Great Portland Street and Soho moving into quieter side streets such as Langham Street, Riding House Street and Great Titchfield Street.

·       We would request the door on Riding House Street is to be used as an emergency exit only and not as a secondary exit point. This will protect the residential amenity of surrounding residents and is consistent with conversations had with the University. The capacity of the space is also restricted to 60 persons. This should also be reflected in the conditions.

Any musical or performance equipment should also have the appropriate noise mitigation so that noise is not audible outside of the premises.

·       Having lived in Middleton Place for 12 years and having the pub as a neighbour we have experienced many late night disturbances and this is with a 10.30 last orders. When the pub closes at 11, people spill on to the surrounding streets and after a night of drinking they tend not to rush home. To extend a license to midnight at the Soho Poly Theatre would mean even later disturbances , it is really just unfair on local residents. What is also unfair is that the Riding House exit was to be an emergency exit only!

·       Middleton Place is a unique walk-through residential street whose amenity is shelter from traffic and street noise. The sale of liquor until midnight from Riding House Street premises opening directly on to Middleton Place will inevitably lead to noisy late-night gatherings and street refuse affecting the quality of life for its residents.

·       My husband and I object to this proposal believing that probable late night disturbances would have a negative effect on our lifestyle as we are both retired and enjoy the tranquility of our home in Middleton Place.

·       I am objecting subject to a revised 11pm cut-off for the sale of alcohol and I would like to remind the Council that we were told the door on Riding House Street is to be used as an emergency exit only.

 

Policy Considerations

 

Policies HRS1 and CCSOS1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

HRS1

 

A. 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.

B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:

1. 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.

2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.

3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.

4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.

5. The proposed hours when any music, including incidental music, will be played.

6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.

7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.

8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.

9. The capacity of the premises.

10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.

11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.

12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.

13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.

14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.

C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:

10a. Shops (all licensable activities that are provided as ancillary to the primary use of the premises as a shop except the off sale of alcohol)

Monday to Thursday: 9am to 11.30pm.

Friday and Saturday: 9am to Midnight. Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to Midnight.

10b. Shops (off-sales of alcohol where it forms either the ancillary or primary use of the premises)

Monday to Saturday: 8am to 11pm. Sunday: 9am to 10.30pm.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.

 

CCSOS1

 

A. Applications outside the West End Cumulative Zones will

generally be granted subject to:

1. The application meeting the requirements of policies

CD1, PS1, PN1 and CH1.

2. The hours for licensable activities are within the council’s

Core Hours Policy HRS1.

3. The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as a cinemas,

cultural and live sporting venues and outdoor space.

4. The applicant has taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated area.

5. The application and operation of the venue meeting the definition for a cinema, cultural venue, live sporting premises or outdoor space as per Clause C.

B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:

1. The application meeting the requirements of policies

CD1, PS1, PN1 and CH1.

2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.

3. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

4. The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as a cinema, cultural venue, live sporting premises or outdoor space.

5. The sale by retail of alcohol and/or late-night refreshment after 11pm is limited to customer, patrons or members of the audience who will or have made use of the primary function of the venue as a cinema, cultural venue or live sporting premises.

6. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.

7. The application and operation of the venue meeting the definition for a cinema, cultural venue, live sporting premises or outdoor space as per Clause C.

C. For the purposes of this policy the primary function of a cinema, cultural venue and live sporting premises is defined as:

1. Cinema For the exhibition of feature or shorts films to an audience.

2. Cultural Venues a. Theatres: for the performance of plays, dramatic or other entertainment performances to an audience. b. Performance Venues: for a live performance in front of an audience which may include concert halls, comedy clubs or similar performances venues. c. Cultural Uses: for the exhibition of art (e.g. galleries), a museum, or historical building/site that is open for visitors to visit on

payment.

3. Live sporting premises: the premises or the use to which the licence is intended for

a. Live sporting events in the form of boxing and wrestling which takes place either inside or outside in the presence of an audience.

b. Live sporting events that are licensable as they are being held within a building where the sport and audience are accommodated wholly or partly inside

that building.

c. Live sporting events that will take place outside a building, where the live sporting event is not a licensable activity but other licensable activities, are

provided ancillary to that live sporting event.

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer Roxsana Haq outlined the application to the Sub-Committee. She advised that this was an application for a New Premises Licence in respect of The Soho Poly Theatre, 16 Riding House Street, London W1W 7EB. The application has been made by The University of Westminster (represented today by Catherine Noble of Mills & Reeve LLP). The Applicant has applied for on sales of alcohol, late night refreshment on the Premises as well as regulated entertainment in doors Monday to Sunday. Full details can be found at pages 2-3 of the report bundle. Representations were received from the EHS (Mr Anil Drayan) and 15 local residents, none of whom are in attendance today. The Premises are located within the West End Ward but not within the West End CIZ or Special Consideration Zone.

 

Ms Catherine Noble, Solicitor appearing on behalf of the Applicant addressed the Sub-Committee. Ms Noble advised that after representations were received in respect of the application the Applicant met with the EHS where conditions were discussed and finally agreed.

 

Ms Noble confirmed that Core hours had been applied for and that “Soho Poly” is technically part of the University. However, the Premises itself will have a very distinct identity. She confirmed that the space will not be exclusively for the student body and that it will not operate as a bar or nightclub nor will it be used for a commercial theatre.

 

Mr Matthew Morrison Director on behalf of the Applicant addressed the Sub-Committee and confirmed the following:-

 

·       The history of the Poly Theatre was discovered when undertaking research some 15 years ago.

·       The original aim was to pioneer “lunchtime theatre” as it meant people who were not able to get involved in theatre in the evenings could do so at lunchtime.

·       In 2012 we came across a locked door and realised the now abandoned space (since 1990) must have in fact been behind that door.

·       The vision was to restore the space to bring heritage and history back to life.

·       Historically there was no disabled access – we felt there would be no value if it wouldn’t be an accessible space.

·       We successfully fundraised for a lift.

·       Over the past few years, we have used the space for creative workshops to test out the space. We have kept the focus as community focussed spirit.

·       In 2021 we obtained national lottery heritage funding.

·       The long-term aim and objective is to support young performers.

·       The space was previously known as the ‘Friendly theatre’, and we wanted to bring arts & cultural aspect back into local community.

 

Ms Noble confirmed that the Applicant undertook pre-application advice which was noted and welcomed by the Sub-Committee. She confirmed that a number of Model conditions had been agreed. The Soho Poly Theatre would require a separate premises licence as distinct from the rest of the university. Ms Noble said that there had been some confusion about the use of a door however this related to the other  licence.

 

The Chair to the Sub-Committee declared that she had been to the theatre previously and commented that concern had been expressed by the objectors in their representations concerning people leaving the Premises at the same time and requested that the Applicant manage this along with people  sure that there isn’t groups of people leaving, hanging around, having loud conversations?

 

In answer to questions from the Sub-Committee Mr Morrison advised that as part of the management of the space, staff will be allocated to working in there as well as staff training how to run the theatre given its capacity of 60 people. He said that they will ensure that once production has finished, there will be a member of staff on the door to help aid dispersal into the wider area.

 

Mr Morrison confirmed also that they would try to limit smokers outside to two at any one time and again this will be managed by staff. He envisaged this would only be an issue at the interval when people will leave the Premises temporarily to smoke.

 

Mr Drayan on behalf of the EHS addressed the Sub-Committee. He said referring to the additional conditions he would suggest at least one member of staff should be at the access. In terms of smokers this should be limited to two persons at any one time on the proviso that no glass containers are to be taken outside with them.

 

Mr Drayan said that he had visited the Premises, discussed conditions and helped to address the concerns of the residents.

 

The Sub-Committee clarified whether the timings for Sunday was22.30?

 

Ms Noble confirmed that this was originally 23.00 but it will not cause an issue to bring this back to 22.30. Anybody arriving by wheelchair can use the lift.

 

Mr Horatio Chance the Legal Advisor to the Sub-Committee went through the proposed additional conditions. The Applicant agreed to Model Condition 24 (MC24) meaning that a direct telephone number of staff is to be made available and Model Condition 99 (MC99) requiring the Premises dispersal policy to be made available for inspection.

 

Mr Drayan commented that there was already a proposed condition for the direct telephone but it is not the usual model condition wording. He said regarding the hours this has been brought back to core hours so there is no longer any need for late night refreshment.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application.

 

In reaching its decision, the Sub-Committee noted that there was no presumption to refuse the application as the Premises primary use was to operate as a cultural entertainment venue and therefore the application was considered under the Council’s CCSOS1 and HRS1 polices.

 

The Sub Committee noted that the Applicant had agreed to restrict the use of the Premises in that it shall be ancillary to the main function of the premises as a Cultural Venue.   

 

The Sub-Committee took into consideration that conditions had been agreed with the EHS who were generally satisfied with the application.  The Sub Committee further noted that the Metropolitan Police Service and the Licensing Authority had not made representations against the application and that the Premises were not located in the West End CIZ or Special Consideration Zone.  The Sub-Committee noted that the application had been made within the Council’s Core Hours Policy with the reduction on a Sunday to 22:30 hours which was welcomed by the Sub-Committee as this would help reduce nuisance as alluded to by local residents in their objections. 

 

In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would help promote the licencing objectives.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives: -

 

1.        To grant permission for Performance for the Exhibition of Films and Plays (Indoors) Monday to Saturday: 09:00 to 00:00 Sunday 09:00 to 22:30`Seasonal Variation New Year's Eve - licenced hours extended from the end of the authorised hours on New Year's Eve to the start of authorised hours on New Year's Day.

2.        To grant permission for Live Music, Recorded Music, Performance of Dance (Indoors) Monday to Saturday: 09:00 to 00:00 09:00 to 22:30 Seasonal Variation Sundays immediately before a bank holiday: 09:00: -00:24:00. New Year's Eve - licenced hours extended from the end of the authorised hours on New Year's Eve to the start of authorised hours on New Year's Day

3.        To grant permission for Anything of a similar nature Monday to Saturday  09:00 to 00:00 Sunday 09:00 to 22:30 Seasonal Variation: None

 

4.        To grant permission for the Sale by Retail of Alcohol (On) the PremisesMonday to Saturday: 09:00 to 00:00 Sunday 09:00 to 22:30 Seasonal Variation None.

 

5.        To grant permission for the Opening Hours to Public Monday to Saturday 09:00 to 00:00Sunday 09:00 to 22:30 Seasonal Variation New Year's Eve extended to closing of New Year's Day

 

6.        That the Licence is subject to any relevant mandatory conditions.

 

7.        That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing with agreement of the Applicant

 

8.        The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a Cultural Venue.

9.        The supply of alcohol at the premises shall only be to:

a. persons there taking part in rehearsals and/or educational purposes

b. customers, patrons or members there to view a performance or exhibition

or cultural event (including permanent or temporary collections)

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

10.      The premises will have a CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

a) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

b) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.

c) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

d) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

e) 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 authorized council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

11.      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 is open.

12.      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. It must be completed within 24 hours of the incident and will record the following:

a. all crimes reported to the venue

b. all ejections of patrons

c. any complaints received concerning crime and disorder

d. any incidents of disorder

e. all seizures of drugs or offensive weapons

f. any faults in the CCTV system

g. any refusal of the sale of alcohol

h. any visit by a relevant authority or emergency service.

13.      The number of persons accommodated at the premises as a whole at any one-time (excluding staff) shall not exceed 60 persons.

14.      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.

15.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

16.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

17.      A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

18.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

19.      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 office of Westminster City Council.

 

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

The Licensing Sub-Committee

11 May 2023