Content

RESOLVED:
 

The decision
 
The
Licensing Sub-Committee, in considering this decision from the
information presented to them within the report and at the hearing
and having regard to the promotion of the licensing
objectives:
 
· 
The prevention of crime and disorder
· 
Public safety
· 
Prevention of public nuisance
· 
The protection of children from harm
 
The
application for a premises licence has been approved in accordance
with the Council’s Statement of Licensing and the proposed
conditions set out in paragraph 8.1 of the report.
 
· 
The hours of licensable activity
 
 

Films (Indoors)
 
Monday  09:00 -
23:00
Tuesday.  09:00 -
23:00
Wednesday  09:00 -
23:00
Thursday  09:00 -
01:00
Friday   09:00
- 01:00
Saturday  09:00 -
01:00
Sunday 
09:00 - 23:00
 
Non-Standard
Hours: 
1.
01:00 on Sundays immediately before Bank Holiday
Mondays.
2. The
terminal hour for licensable activities shall extend to 01:00 on
New Years’ Eve providing at least 10 working days’
notice has been given to the Police in advance of the
event.
 

 
Live Music 
(Indoors)
 
Monday 
09:00 - 23:00
Tuesday.  09:00 -
23:00
Wednesday  09:00 -
23:00
Thursday  09:00 -
01:00
Friday 
 09:00 - 01:00
Saturday  09:00 -
01:00
Sunday 
09:00 - 23:00
 

Non-Standard Hours: 
1.
01:00 on Sundays immediately before Bank Holiday
Mondays.
2. The
terminal hour for licensable activities shall extend to 01:00 on
New Years’ Eve providing at least 10 working days’
notice has been given to the Police in advance of the
event.
 

Recorded Music 
(Indoors)
 
Monday 
09:00 - 23:00
Tuesday.  09:00 -
23:00
Wednesday  09:00 -
23:00
Thursday  09:00 -
01:00
Friday 
09:00 - 01:00
Saturday  09:00 -
01:00
Sunday 
09:00 - 23:00

 
Non-Standard
Hours: 
1.
01:00 on Sundays immediately before Bank Holiday
Mondays.
2. The
terminal hour for licensable activities shall extend to 01:00 on
New Years’ Eve providing at least 10 working days’
notice has been given to the Police in advance of the
event.

 

Supply of Alcohol (On the Premises)
 
Monday
   09:00 - 23:00
Tuesday.  09:00 -
23:00
Wednesday  09:00 -
23:00
Thursday  09:00 -
01:00
Friday 
09:00 - 01:00
Saturday  09:00 -
01:00
Sunday 
09:00 - 23:00

 
Non-Standard
Hours: 
1.
01:00 on Sundays immediately before Bank Holiday
Mondays.
2. The
terminal hour for licensable activities shall extend to 01:00 on
New Years’ Eve providing at least 10 working days’
notice has been given to the Police in advance of the
event.
 

Late Night Refreshment

 
Thursday 
23:00 - 01:00
Friday 
23:00 - 01:00
Saturday  23:00 -
01:00
 
Non-Standard
Hours: 
1.
01:00 on Sundays immediately before Bank Holiday
Mondays.
2. The
terminal hour for licensable activities shall extend to 01:00 on
New Years’ Eve providing at least 10 working days’
notice has been given to the Police in advance of the
event.
 

Opening hours

 
Monday  09:00 -
00:00
Tuesday.  09:00 -
00:00
Wednesday  09:00 -
00:00
Thursday  09:00 -
01:30
Friday 
09:00 - 01:30
Saturday  09:00 -
01:30
Sunday 
09:00 - 00:00
 

Non-Standard Hours: 
1.
01:00 on Sundays immediately before Bank Holiday
Mondays. 
2. The
terminal hour for licensable activities shall extend to 01:00 on
New Years’ Eve providing at least 10 working days’
notice has been given to the Police in advance of the
event.
 
· 
Remove conditions 15 from the
application.
 
· 
Conditions 10 to 51 at paragraph 8.1 on the report
include all the conditions agreed by the parties. 
 
· 
Amend condition 40 to read as follows:
 
“The 
Premises Licence Holder shall submit a written Dispersal
Policy  to be approved by the Licensing
Authority and the Police. The approved Dispersal Policy shall be
implemented at the premises. All staff shall be briefed on this
Dispersal Policy. A copy of the policy shall be kept on the
premises and shall be produced to a Police officer or other
authorised officer upon request”.
 
· 
Amend condition 47 to read as follows:
 
 
A detailed acoustic report shall be carried out within two months
from the date the decision is issued by a competent person and
shall be submitted to the licensing Authority and the Environmental
Protection Service to ensure such levels can be met and
monitored.
 
· 
Amend condition 48 to read as follows:
 
 
“Recommendations in the report should be approved by the
Environmental Protection Service and completed prior to any
regulated entertainment taking place”.
 
 
And the
following conditions will be added to the premises
licence:
 
· 
The premises shall remain an
immersive arts, events and exhibition centre with the
provision of licensable activities ancillary to that main
purpose.
 
 
· 
The Premises Licence Holder shall hold and publicise
liaison meetings every (6) six months with local residents to
address any concerns or complaints about the premises. 
 
· 
No third party private hire events
permitted.
 
· 
All windows and doors shall be closed from
21:00
 
· 
The number of persons permitted in the premises at
any one-time excluding staff shall not exceed 416 in total for the
ground floor and the basement.
 
· 
All Tickets on sale shall close 24 hours before an
event.
 
· 
After 20:00 hours there shall be a designated
smoking area on Dareham Street / Place
that shall be monitored By SIA
registered supervisors/staff.
 
· 
Noise and vibration emitted from the 118
Kirton Road premises subject to the
premises licence when transmitted to the adjoining premises at 1:20
to 124 Kirton Road, Shoreditch London
EC28 3SQ open (“the strong room“) Shall not exceed any of the following
levels in any studio, control room, recording booth or edit
suite.
 
Leq , 15 min NR 15 dB
(noise)
LA, f,
max, 15 min 25 dBA (noise)
Peak
Particle Velocity (PPV) 15 min 0.5 mmm / sec (vibration)
 
Measurements shall be taken in the centre of the space being
assessed at a height above the floor of 1.25m to 1.5 m For noise and for vibration at the centre of the
space being assessed on exposed floor surface, i.e. not on carpet
or rugs, etc.
 
Sound
level metres and field calibrators to be class one and subject to a
Certificates of periodic verification issued within 12 months of
the measurement traceable to relevant British and international
standards.
 
Vibration equipment to be subject to a Certificates of periodic
verification issued within 12 months of the measurement traceable
to relevant British and international standards.
 

Reasons for the decision
 
The
application for a premises licence has been approved as members of
the Licensing Sub-Committee were satisfied that the licensing
objectives would not be undermined. 
 
The
Sub-Committee took into consideration representations made by the
Environmental Protection Service and the Licensing Authority on the
grounds of public nuisance. Also the Police made representations on
the grounds of crime and disorder and public nuisance. The
Sub-Committee noted that the Police, the Licensing Authority and
the Environmental Protection Service had withdrawn their
representations and agreed conditions with the Applicant in advance
of the hearing.
 
The
Sub-Committee took into consideration that there were
representations against the application from 43 Other Persons
(local residents), and there were 33 representations from Other
Persons in support of the application.
 
The
Sub-Committee carefully considered all written representations
received from local residents and the parties that made
representations both for and against the application. The
Sub-Committee considered all the representations presented at the
hearing including the representations from the Applicant and their
legal representatives.
 
The
Sub-Committee heard from local residents who had resided in the
area for a number of years that they were not convinced that a
gallery was proposed for this event space. The Sub-Committee noted
that there were no mitigating factors to support an alcohol licence
for this premises. The local residents felt that adding 12 square
feet and the number of people were not mitigating factors. The
local residents' contended that improvements of the space are
welcomed but not this proposed application.
 
The
Sub-Committee took into consideration the concerns of the local
residents regarding the lack of planning permission, and that the
premises were not well designed. The Sub-Committee noted the
concerns that there was only one pelican crossing, and that the
premises itself is surrounded by residential buildings. The local
residents felt strongly about the cumulative impact in the
Shoreditch area and the large number of residents. In addition the amount of antisocial behaviour, and
noise is an issue that is a reoccurring problem in the area. The
local residents were not clear about what events were proposed to
be held at the premises.
 
The
Sub-Committee noted the local residents did not have confidence
that this huge premises would not be used as a night club which
would attract a great deal of noise and antisocial behaviour to the
area. The local residents made representations that the premises
could have daytime events instead of late night events.
 
The
Sub-Committee took into consideration that the local residents felt
that Shoreditch has more people living there now and over time it
has become more of a residential area. Also local residents living
close to the premises will be affected by the negative impact. The
Sub-Committee noted there were concerns about the dispersal from
the premises late at night with a large number of people leaving
the premises and causing a disturbance to local
residents.
 
The
Sub-Committee noted representations from local residents in support
of the application that this will be a great opportunity for
Shoreditch to support children and charities for the area. The
local residents in support felt this application for an alcohol
licence should be approved as it will be used for charity events
such as charities to support young people in Shoreditch to showcase
their talent. This is an upmarket venue that will not add to the
cumulative impact in the area which is welcomed. The premises have
offered free space to promote a use for vulnerable young people
where young people can feel safe and develop. The community
supports the application and supports young people.
 
The
Sub-Committee heard representations from the Applicant and their
legal representatives that the premises is a dilapidated warehouse which the Applicant is
proposing to refurbish, and that this is important for them to be
part of the Shoreditch community. The intention is to close the
premises one hour before the other premises in the area. These
events will only be held a few times each year, and both floors
will not be operating at the same time which reduces the impact.
Some events may start on one floor and end on another floor. No bar
will be provided and this will be a ticket event not open to
members of the public. The ticketing will close within 24 hours
prior to any event so that the Applicant can plan the event and
security staff to be put in place in time for the event.
 
The
Applicant contended that the premises need an extra hour for
private events. There is flexibility for core hours in the early
part of the week. A noise consultant will ensure that the noise
limiter will be set and locked. The Police suggested a number of
smokers should not be fixed at the premises.
 
The
Sub-Committee noted the Applicant would welcome six monthly
meetings with local residents to deal with any issues arising. The
SIA security will leave after the last person has left the
premises.
 
The
Sub-Committee took into account the Applicant’s
representations that this is not a charity and they are not
proposing to operate a nightclub. The Planning application has been
submitted, but was not available online at the time of the hearing.
The Council’s Regeneration Team’s response about the
alleyway was positive and they supported the application. The
Sub-Committee felt that condition six relating to smoking needed to
be removed as there was no space for smokers in the area. The
Sub-Committee felt that the hours from Sunday to Wednesday should
be reduced back by one hour, to help maintain the licensing
objectives.
 
The
Sub-Committee had to balance the operational conditions from the
representations and they took into consideration the
representations made by the Licensing Authority about core hours.
The Sub-Committee took into consideration that the Police had no
issues on the dispersal from the premises. The Sub-Committee were
pleased with the work done on the sound issues, and the use of a
sound limiter at the promises.
 
The
Sub-Committee took into consideration the outside area would not be
used and would not be hired as part of the event space. The
Sub-Committee also took into consideration that the Applicant was
not proposing to rent the premises to third parties, and that they
would manage the premises and the events themselves as part of an
in-house team.
 
The
Sub-Committee took into consideration that the Responsible
Authorities had agreed conditions and withdrew their objections to
the application.
 
The
Sub-Committee were reassured that neighbouring premises had
resolved the sound issues with and agreed conditions with the
Applicant.
 
The
Sub-Committee felt that the conditions and the procedures that the
Applicant will have in place will help the premises to operate
responsibly and maintain the licensing objectives.
 
Having
taken all of the above factors into consideration the Sub-Committee
was satisfied that by granting the premises licence the licensing
objectives would not be undermined.
 

Public Informative
 
The
Premises Licence Holder is encouraged to work with local residents
to prevent any public nuisance or negative impact in the
area.