Content

The Licensing Sub-committee, in
considering this decision from the information presented to them
within the report and at the hearing today and having regard to the
promotion of the licensing objectives:
 
· 
the prevention of crime and disorder;
· 
public safety;
· 
prevention of public nuisance; and
· 
the protection of children from harm,
 
 
That the premises licence for Simmons
(Formerly The Viaduct), 83 Rivington
Street, London, EC2A 3AY be
revoked.
 
The Reasons for the
decision:
 
The Licensing Sub-Committee carefully
considered the application for a review of the premises licence
from the Metropolitan Police Service (“the Police”) and
their legal representative supported by the Licensing Authority,
and 13 Other Persons (local residents). They also carefully
considered the representations from the current licence
holder’s representative, the current licence holder, the
previous licence holder’s legal representative and the
supporting evidence presented by them. The Sub-Committee decided
that revocation of the premises licence was an appropriate and
necessary course of action, given the repeated failures to comply
with the terms and conditions of the premises licence.
 
The Sub-Committee also considered the other
options available to them, as detailed in the report. They were
satisfied that none of these would adequately address the
likelihood of public nuisance reoccurring. They felt that
revocation of the licence was necessary to prevent the licensing
objectives being undermined in the future.
 
The Sub-Committee considered the
evidence that led to the review being called
by the Police. They also took into
consideration all the evidence presented from
all the parties including the local
residents.
 
The premises "Simmons" was formerly
known as “The Viaduct" and before that
"Cargo". The premises licence was reviewed
following the receipt of an application by the Police dated 29th
October 2021. The licence holder appealed
against the decision to revoke the licence
made by the Licensing Sub-Committee on the 14th December 2021.
Following negotiations, which included
revised and additional conditions and
reduced hours, the appeal was settled
and agreed by a Consent Order dated 9
August 2022. The previous licence
holder breached the conditions of the
premises licence within seven months of
the consent order being granted.
 
 
The premises has been in possession
of a premises licence since 24th November 2006. The
licence was transferred to Simmons Waterloo Limited on 24th March
2023. 
 
The Sub-committee took into
consideration that there were 13 Other Persons (local residents)
who supported the application due to the impact that the premises
had on local residents. The Sub-committee also took into account
that the Licensing Authority also made representations in respect
of public nuisance and anti-social behaviour.
 
The Police made representations that
they were seeking revocation of the premises licence due to serious
concerns about the licensing objectives being undermined following
a serious incident in February 2023 at the premises.
 
On Saturday 11th February 2023 at
about 2300 hours an assault took place inside the premises between
customers which resulted in a man sustaining serious injuries. The
Police were informed of this incident on 13th February.
 
The Police investigation found on
11th February that only one SIA was on duty to deal with the
incident and this was a breach of condition 12 of the premises
licence on SIA requirements. 
 
The Police made representations that
they were disappointed to have had to apply for another review, and
they had no confidence in the previous premises licence holder. It
appeared to the Police that the licence had been transferred to
Simmons, who were not fully aware of the implications of the
premises, what had occurred or the impact on local residents.
 
The Police contended that they felt
it was necessary for there to be public scrutiny and it was not
proportionate or appropriate for this premises licence just to be
transferred to a new operator. They felt the review was necessary
to prevent the operation of the premises and for any new operator
to undergo the full new application process under section 17 of the
Licensing Act 2003.
 
The Sub-committee heard that at the
time the incident took place in February 2023, the premises did not
have the correct number of staff on duty, they did not take
sufficient care and diligence in ensuring the safety of members of
the public and their customers.
 
The Sub-Committee heard from the
Licensing Authority that it was difficult to assess how Simmons
will operate the site given the size and history of this premises.
The Sub-Committee took into consideration that the Police would
need to have a detailed assessment from Simmons to see what they
are proposing in terms of operation of the premises.
 
The Police did not object to Simmons
taking over the premises licence. The Police had a good
relationship with Simmons at their other premises in Hackney.
However, it was felt that this transfer was used to circumvent the
issues relating to the review. It is not considered appropriate in
the circumstances with the history of these premises to transfer
the licence while the premises licence is being reviewed.
 
The Sub-committee felt these breaches
of the licence, and the incident that took place on 11th February
were completely unacceptable, and they had concerns that the former
licence holder had no control over what occurred at the
premises.
 
The Sub-committee felt the new
operator should have gone through a new application process in
order to be granted a licence for this premises. The Sub-committee
felt it was very important to consult with the local residents and
the Responsible Authorities, in accordance with a new application
process for any premises licence before obtaining the licence
rather than by way of a transfer during a review process. The
Sub-committee were concerned that large crowds going to the
premises would be considered high risk.
 
The Sub-Committee were disappointed
that the current licence holder did not engage with local residents
to overcome and address their concerns about the premises before
the transfer took place. The Sub-Committee felt that the current
licence holder did not consider how noise nuisance anti-social
behaviour affected local residents.
 
Following the serious incident in
February 2023, and the current licence holder, not engaging with
local residents, and by not considering any change to the offering
at the premises or offer any compromise, it was very difficult for
the Sub-committee to understand how the new licence holder would be
able to operate the premises responsibly, and to ensure that no
further incidents take place in the future. 
 
The Sub-committee felt the current
licence holder, Simmons did not seem to be open to operating the
premises any differently from the previous licence holder or to
their other premises in the borough of Hackney which was to have a
large turnover of customers at alcohol led premises.
 
The Sub-Committee were not satisfied
that the current licence holder would make the necessary changes to
improve the operation of the premises so that it would not have a
negative impact on the area and the local residents that live near
to the premises.
 
The Sub-committee felt that primarily
the concern is that this premises does attract antisocial behaviour
and it does need to be controlled very tightly. The Sub-Committee
noted that the new licence holder has a good track record with
their other 2 premises in the borough, which had no incidents.
 
The Sub-committee felt there was not
sufficient investigation and due diligence carried out in advance
by Simmons before trying to take over the operation of the
premises, and that is one of the reasons that the Sub-committee
felt it was not appropriate for Simmons, the new operator to take
over the premises by way of a transfer.
 
The Sub-committee took into
consideration that if the premises licence is revoked this would
result in the premises being referred back to the former premises
licence holder in accordance with the terms of their contract.
However, the Sub-committee felt that taking into consideration the
seriousness of the situation and the impact on local residents that
it was necessary to deal with this premises licence by way of a new
application to the Licensing Authority.
 
The Sub-committee and local residents
felt that a brand new licence application for this premises would
give them a better opportunity to properly scrutinise such an
application.
 
The Sub-committee when making their
decision took into consideration the evidence presented by all the
parties. The evidence relating to the recent serious incident in
February 2023, together with the breaches of the conditions
attached to the premises licence, the Sub-Committee was not
satisfied, given the serious issues raised in relation to crime and
disorder, public safety and public nuisance and the previous
operation of the premises, that the current licence holder, could
prevent the licensing objectives being undermined. 
 
Your right to
appeal
 
If you are aggrieved
by any term, condition or restriction attached to this decision,
you have the right to appeal to Thames Magistrates at Thames
Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days from
the date you receive the written decision.