Agenda item

The Other Palace, 12 Palace Street, London, SW1E 5JA

17/08676/LIPN

1.

Performance of Love Music, Performance of Dance, Exhibition of a Film, Indoor Sporting Event, Performance of Live Music, Playing of Recorded Music, Performance of a Play, Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by Entertainment Theatres Limited for a new premises licence in respect of The Other Palace, 12 Palace Street, London, SW1E 5JA.

The Licensing Officer provided an outline of the application to the Sub-Committee and confirmed that the Police had withdrawn their representation following agreement of conditions with the applicant.

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

The Chairman confirmed that all parties had received a substantial number of extra documents from the applicant the day prior to the hearing but could not guarantee that there had been sufficient time available for all parties to consider this information. Ms Dowling, representing the applicant, stated that the information provided collated already existing information and did not contain anything new.

Ms Dowling explained how the application contained small amendments to the ground floor area in order to update the licencing plans. This included relocating the box office area so it was nearer the bar so as to help avoid congestion near the main doors. The application also sought to update the conditions which were currently in operation on the existing licence. The current conditions required simplifying as they were considered quite complicated and technical, especially with regards to the hours detailing the licensable hours. It was hoped by updating them it would make the conditions more relevant and enforceable. Concerning regulated entertainment, the application proposed to reduce the hours this could start from 08:00 hours to 10:00 hours. It was confirmed that regulated entertainment would only take place in the auditorium and not in the bar or restaurant area. Essentially the new licence was to allow different hours for the sale of alcohol. The application had originally sought to extend the sale of alcohol for one hour beyond what was currently permitted. However, having assessed the representations that had been received this had now been reduced to seek an extra thirty minutes for the sale of alcohol and late night refreshment. It was proposed for the premises to close thirty minutes after licensable activities had ended to allow customers to finish their drinks and create a gentler dispersal of customers therefore minimising any potential for disruption.

The Sub-Committee requested clarification on the proposed hours for the sale of alcohol and late night refreshment. Ms Dowling confirmed that in all areas it would be from 10:00 to 00:00 hours Monday to Thursday and 10:00 to 00:30 hours on Fridays and Saturdays with no change on Sundays. The venue would remain open for an extra thirty minutes in addition to these hours to allow customers to finish their drinks.

Ms Dowling recognised that there may be concerns over the proposal to extend the terminal hours for the sale of alcohol and late night refreshment. To provide reassurance however that this would not impact on the licensing objectives there would be no takeaway permitted and the late night refreshment hours requested was simply to cover the sale of hot food and drinks at the premises. Also, a last entry condition was proposed to not allow any new customers into the premises after 23:00 hours. The application was seeking to just allow patrons to watch a performance and then potentially have a meal with a drink afterwards. The Sub-Committee’s attention was also brought to a proposed condition requiring SIA licenced staff to operate on the entrances to the premises.

Concerning the capacity of the theatre Ms Dowling explained how it was proposed to modify two existing conditions already on the licence. Currently there was no provision to allow customers to drink in the foyer area following a performance. The modified conditions would allow 312 patrons to use the ground floor (including the main auditorium, box office and foyer) for a period of one hour immediately before a performance, during any interval and for ninety minutes post performance. These conditions were proposed to alleviate potential issues of three hundred customers entering onto the pavement area following a performance. It was suggested that the conditions prosed would ensure a more staggered dispersal into the local area. The Sub-Committee was informed that the applicant was confident that they would be able to appropriately manage the increase in hours and doubt was expressed that the full capacity of three hundred customers would all use the bar post performance.

Ms Dowling highlighted that the report before the Sub-Committee referenced the fact that the venue already benefited from a premises licence. It also contained a previous application for a variation of a premises licence from 2013 which was refused. The Sub-Committee was reminded that it had to consider the new application on its merits and the evidence before it, not a historic application which came before the Sub-Committee for the same venue but by a different theatre operator. The Council’s Legal Adviser confirmed that each case was considered on its merits. The previous decision from 2013 was a public record and a view had been taken that the Sub-Committee was entitled to see the previous decision. This would allow a consistency of decision making but the Sub-Committee was not bound by the previous decision and a decision on the new application would be made purely on the application’s merits. Ms Dowling clarified that the 2013 application had been submitted by a company with the same name as the current applicant but this company had been taken over by The Really Useful Theatre Company in 2016.

The Sub-Committee noted that the applicant had invested significant funds into the theatre. It was a small theatre which the Council considered played an important function in the local community. From a financial perspective the theatre had struggled in the past and had proven difficult to operate but it offered first class facilities and it was hoped the proposed changes would help its economic situation. The Sub-Committee’s attention was brought to the representation submitted by Lord Lloyd-Webber who detailed the approach to be taken with the theatre which was to make it a creative arts hub. The theatre was not-for-profit with any profits being made invested back into the venue.

Ms Dowling explained how the applicant had tried to keep the conditions on the new licence similar to those on the current licence but amendments had been made to update them and allow more flexibility. The conditions being amended were detailed and particular attention was drawn to an amendment which would allow the restaurant on the first floor to be used for corporate or hospitality events allowing customers to drink alcohol without providing a meal. It was explained this would provide more flexibility for the theatre to provide private events, for example hosting opening or closing performance events for performers.  Also of note was a further amendment proposed to a condition limiting patrons’ use of the entrance/exit on Palace Place between 10:00 and 22:00 hours. It was suggested that the amendments to the conditions including a last entry, SIA door staff and numerous clarifying conditions would balance the slight increase in licensable hours requested. The Sub-Committee noted that Environmental Health (EH) had not received any noise complaints with regards to the venue in the last two years coinciding with when the theatre was taken over by the current operator.

The Council’s Licensing Policy Adviser requested clarity on the hours requested for the sale of alcohol on the first floor Monday to Saturday. The current licence permitted it until 00:00 however the application was proposing to extend this to 01:00 which was an increase by one hour and not thirty minutes as stated earlier. Ms Dowling confirmed that it was proposed for the restaurant to extend its hours for the sale of alcohol by one hour on Fridays and Saturdays.

Mr Dave Nevitt, representing Environmental Health, explained that their representation was maintained based on three areas of concern. Firstly, the application was requesting hours beyond core hours. It was accepted the premises was not located within a Cumulative Impact Area (CIA) and was well managed, however the extension in hours was considered significant especially as it was located in a very residential area. Whilst the activities undertaken at the theatre were not a cause for concern the issue centred on the potential for three hundred people to be leaving the venue at 01:00 hours in a residential area and the disturbance this could create. Secondly, the granting of core hours dictated when customers had to leave a premises whilst this application was also seeking an extra thirty minutes to allow customers to finish their drinks. Further clarity on this issue was requested. Thirdly, further clarity on the conditions was also required as concern was expressed over their enforceability and their operational practicality. For example, would the staff at the theatre be able to manage potentially three hundred customers leaving a performance and entering the bar area?

Councillor Tim Mitchell, representing residents from St. James’s Ward, objected to the extension in hours. The area was of a residential nature and this would increase in the near future with a new residential development currently taking place adjacent to the theatre. Increasing the hours would increase the likelihood of late night disturbance to residents especially with regards to dispersal of customers from the theatre.

Mr Brown, from the Westminster Citizens Advice Bureau, expressed concern over the hours requested and how they represented a significant extension to those currently operated. There was also concern over the change in terminology for the first floor as it would be renamed a hospitality space and clarity was requested on what this would entail. It was suggested the later commencement hours requested from 08:00 to 10:00 hours did not constitute a meaningful reduction in when alcohol was sold. Extensions to the terminal hour for the sale of alcohol were far more significant as it was suggested that it was usually on an evening when the licensing objectives were undermined. Mr Brown stressed that the objections detailed were not against the theatre and it was hoped very much that it would succeed. However, the theatre was located in a very residential area and extending the hours even later would have the effect of undermining the licensing objectives. It was noted that no formal noise complaints had been submitted to EH but there were references to disturbance in the representations received. With regards to capacity it was felt that allowing the bar to be used for ninety minutes after a performance was tantamount to increasing its capacity and the related problems with dispersal this would cause. Attention was drawn to the Sub-Committee’s decision in 2013 when an application to vary the theatre’s licence had been refused. One of the reasons stated for the refusal was that it was located in a residential area, this was still the case and it was suggested this application was even more extensive than the variation application.

Mr Brown also highlighted paragraph 2.2.12 of the Council’s Licensing Policy which highlighted the issues created for residents of customers dispersing from a premises where they had been drinking alcohol. This was relevant as one of the main areas of concern with the application centred on the dispersal of customers who had consumed alcohol. Further clarification was also sought on how the Palace Place entrance/exit would function as what was proposed appeared to be the same as how it currently functioned. Finally, further concern arose from the use of the bar area. The application did not state that the bar could only be used by customers of the theatre therefore there was the potential for the bar to be used by over three hundred members of the public.

Mr Freeman, a local resident, was concerned that the bar area could be used by members of the public rather than theatre customers potentially changing the nature of the theatre. The area was very residential and it was the issue of dispersal of customers which provided the greatest fear to residents. The theatre could control people on its premises but once they exited on the street it would be impossible to control their behaviour. Already theatre patrons loitered on the street outside following a performance and this noise disturbance would become even greater if the hours for the sale of alcohol were extended even further. The use of the first floor as a hospitality space was also a cause for concern. What would be the nature of these events and if, as suggested, it would be rarely used for corporate events why didn’t the applicant just apply for Temporary Event Notices (TENs) as required? In conclusion it was stated that extending the terminal hours for the sale of alcohol, would have a significant detrimental effect on the local area.

Ms Karatza, representing the local resident Ms Morphy, explained that it was common for residents to experience noise disturbance from customers of the theatre who loitered on the street outside once the theatre had closed. Most residents struggled to sleep before 00:30 hours due to people talking and shouting and the only reason complaints had not been made to EH was that it was impossible to prove the people had actually been to the theatre.

The Sub-Committee noted that no objections had been raised by the responsible authorities to the proposed change in layout to the premises.

Ms Dowling stressed the importance to the Sub-Committee of considering the evidence available which included the fact that no noise complaints had been submitted to EH. The amendments to the hours and conditions would allow staff to more effectively manage the theatre and provide a more positive effect on the dispersion of customers. It was recognised the area was residential however as no complaints had been received the Sub-Committee had to assess if a small extension in hours would undermine the licensing objectives. With regards to the drafting of the new conditions the applicant had tried to find the right balance for the area. For example, the applicant had carefully listened to the representations received and would be willing to condition the use of the hospitality space for pre-booked, pre-arranged events. It was hoped to engage with local residents and develop the theatre in collaboration with the local area. The previous operator of the theatre had failed due to economic reasons and it was hoped this application would allow the not-for-profit theatre to financially succeed. It was recognised that the hours requested were beyond core hours however the additional conditions proposed, clarification on how the theatre would operate and the lack of complaints from residents would reassure the Sub-Committee that a modest increase in hours would not undermine the licensing objectives. It was hoped in the future that the theatre and local residents would be able work together to make the venue a success and a valuable community asset.

The Sub-Committee requested clarification on how it was proposed to manage the use of the bar after a performance, what the corporate private events would entail and how they planned to ensure customers leaving the theatre at 01:30 hours would not create disturbance? Mr Atkins, the Operations Director, explained that it was known how many customers were watching a performance and in the bar area staff took a head count to ensure it did not exceed its capacity. Once capacity was reached no further customers would be allowed into the bar. In reality most customers exited the theatre once the performance had finished. Regarding corporate events these would be held for such things as opening events where customers would not be expected to pay for food and drink. It was expected that approximately ten to twelve of these events would be held each year. Finally, concerning the terminal hours the application had been made to allow customers to enjoy a meal after a performance. Last entry would be restricted to 23:00 hours and it was expected that the capacity of the restaurant would not be met at this time. SIA staff would be on duty at the entrance/exit closely monitoring the dispersal of customers and customers would be reminded to respect local neighbours due to the residential nature of the area. It was hoped that the theatre was a good neighbour and residents were urged to contact its management if they had any concerns over its operation.

Ms Dowling suggested that the application would not implement any fundamental changes to the theatre. The current licence already provided for a bar and restaurant and the consumption of alcohol was ancillary to the premises operation as a theatre. It would not operate as a late night bar and it was suggested the extension in hours requested were modest.

The Sub-Committee carefully considered the application before it based on its own merits and the evidence presented by all parties. Having considered all the evidence, the Sub-Committee agreed to grant the application but not on the terms requested. Careful consideration was given to the extension in hours for the sale of alcohol but the Sub-Committee was of the opinion that this represented a significant increase. The area surrounding the premises was highly residential and allowing customers to drink alcohol until 01:30 on Fridays and Saturdays was considered unacceptable. The hours currently in operation were beyond core hours and the number of representations received by local residents highlighted the disturbance already experienced from people leaving the theatre. It was considered extending these hours even further would only exacerbate these noise issues. The Sub-Committee was of the opinion that the hours requested were well beyond core hours and would undermine the licensing objective of prevention of public nuisance. The extension in hours requested was therefore refused.

The Sub-Committee stressed that they wanted the theatre to succeed and hoped it would become a valuable asset to the local community. As such it was agreed to allow the change in layout of the premises. The Sub-Committee also agreed to provide the operation with the appropriate flexibility required by permitting the first floor to be used to host pre-booked events. The controls in place for this area consisting of a maximum capacity of sixty-two customers and a terminal hour of 00:00 provided reassurance that this area could be appropriately managed without creating any disturbance to residents. It was stressed however that these events would have to be pre-booked and by invitation only. It was felt allowing the use of this area for pre-booked events was appropriate and would hopefully assist the theatre with its operation. No further changes to the function of the restaurant were permitted however, it was believed it should continue to function primarily as a restaurant and any current conditions relating to this area should be retained in order to keep an appropriate balance.

Careful consideration was also given to the request to extend the capacity of the bar area following a performance/event. The Sub-Committee understood the rationale behind why this had been requested but this had to be balanced with the representations received by local residents. The main issues centred on dispersal and the potential for customers to create noise and disturbance when leaving the premises. It was noted the restaurant and bar were ancillary to the theatre operation and it was therefore not considered appropriate to permit the use of the bar for ninety minutes post performance. This was considered especially relevant as the bar would not be restricted to just theatre customers.

Having heard all the evidence, the Sub-Committee was satisfied that the application, as amended by the Licensing Sub-Committee would uphold and promote the licensing objectives. The Sub-Committee was of the opinion that the nature of the operation and the conditions attached to the licence would ensure the premises would be appropriate for the local area and minimise disruption to local residents. It was therefore agreed to grant the application as amended and with the terminal hours restricted to the current terminal hours as set out above.

The Sub-Committee recognised that the applicant had offered several conditions, including a last entry hour and the employment of SIA staff, to be included on the licence but it was not considered appropriate to impose these as the hours requested had not been granted. The Sub-Committee agreed to make appropriate amendments to the conditions on the licence as set out below in order to update the licence as necessary.

2.

Late Night Refreshment - Indoors

Amendments to application advised at hearing:

The applicant proposed that the terminal hours for the provision of late night refreshment for all areas with the exception of the first floor restaurant/hospitality area) be amended to 00:00 Monday to Thursday, and 00:30 on the day following Fridays and Saturdays. The terminal hours for the first floor restaurant/hospitality area would remain as applied for.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted the application but restricted the terminal hours to those that applied to the current licence in force at the premises, subject to conditions as set out below (see reasons for decision in Section 1).

That meant that late night refreshment was permitted under this application from 23.00 to midnight on Monday to Saturday for the first floor restaurant and hospitality area; and from 23.00 to 23.30 on Monday to Thursday and 23.00 to midnight on Friday and Saturday in all remaining areas of the premises (on the ground floor and basement 1 and 2 areas)

3.

Sales of Retail by Alcohol – On Sales

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

The applicant proposed that the terminal hours for the on sale of alcohol for all areas with the exception of the first floor restaurant/hospitality area) be amended to 00:00 Monday to Thursday, and 00:30 on the day following Fridays and Saturdays. The terminal hours for the first floor restaurant/hospitality area would remain as applied for.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted the application, but restricted the terminal hours to those that applied to the current licence in force at the premises, subject to conditions as set out below (see reasons for decision in Section 1).

That meant that the sale of alcohol was permitted under this application from 10.00 to midnight on Monday to Saturday for the first floor restaurant and hospitality area; from 10.00 to 23.30 on Monday to Thursday and 23.00 to midnight on Friday and Saturday in all remaining areas of the premises (on the ground floor and basement 1 and 2 areas); and from 10.00 to 22.30 on Sundays throughout the premises.

4.

Hours Premises Are Open to the Public

Amendments to application advised at hearing:

The applicant proposed that hours the premises were open to the public be amended to an additional 30 minutes beyond the proposed hours for the sale of alcohol.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted the application, but restricted the terminal hours to those that applied to the current licence in force at the premises, subject to conditions as set out below (see reasons for decision in Section 1).

That meant that the hours that the premises could be open to the public in accordance with this application would be 10.00 to midnight on Monday to Saturday and from 10.00 to 22.30 on Sundays.