Agenda item

Swedish Church in London, 6-11 Hardcourt Street, London, W1H 4AG (“The Premises”) 20/00549/LIPV

1.

New Premises Licence

Sale by retail of alcohol, On or off sales or both: Both

Monday to Thursday 12:00 to 23:30

Friday to Saturday 12:00 to 23:59

Sunday: 12:00 to 23:00

Seasonal variations/ Non-standard timings: None

Amendments to application advised at hearing:

With regard to regulated entertainment, on the grounds of religious prevalence, there should be no restrictions applied before 23:00.

2.

Decision:

Mr Jackaman introduced the item advising that the Sub-Committee had before it an application for a premises variation from the Swedish Church In London Ltd (the Applicant).  He advised that the application had received representations from the Environmental Health Service, 3 local residents and the Metropolitan Police.  It was noted that the Police representation was withdrawn on 30 January 2020 after the agreement to additional conditions. 

The Sub-Committee heard the Applicant’s Case

Ms Sarah Skansing addressed the Sub-Committee advising that the Swedish Church had been present in the UK for over 300 years and this premises had been established in 1910. She advised that the premises were open 7 days per week and already benefited from a premises licence.  Ms Skansing advised the Sub-Committee that the premises occasionally held evening events; however, the Church wanted the freedom to take bookings and not have to apply for a Temporary Event Notice each time.  Ms Skansing informed the Sub-Committee that the Church held knitting groups, concerts and other community events at the premises.

Ms Skansing advised the Sub-Committee that the Church is generally closed by 21:00. However, there have been some requests for event to finish later than 21:00 and they want some flexibility.  She advised there was no intention to ramp up the number of events but wanted to be able to host some small parties indoors.  She advised that there were no windows in the centre of the building and there were 6 members of staff who live on the premises, so there would be no late-night events.  Ms Skansing informed the Sub-Committee that the Church is closed for 5 weeks during the summer and no outdoor areas of the building would be used for events.  She also advised the Sub-Committee that no complaints had ever been made previously.

The Sub-Committee heard from Environmental Health Services:

Mr Koduah addressed the Sub-Committee and confirmed that the Environmental Health Service had maintained their objections on the grounds that the supply of alcohol and the hours requested would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.  Mr Koduah confirmed that there had been no complaints.  He queried why the Applicant would require off sales.  Mr Koduah advised the Sub-Committee that he had suggested model condition 70 for sales of alcohol outside of the hatched area.

Ms Skansing advised that off sales were for the Christmas fair and the small seating area in front of the Church. It was advised by the Council’s Legal Officer Barry Panto, that this area was within the Church’s licensable activity area and did not require off sales for the consumption on alcohol in this area.  Ms Skansing advised the Sub-Committee that the Church would be happy if they could hold 10-15 events annually.

The Sub-Committee heard the Objector’s Case

Mrs Rayner addressed the Sub-Committee advising that her property backed onto the Church.  She advised that the level of noise ceases at 21:00, however the Church operated 7 days per week and that there needs to be some consideration of young families.  Mrs Rayner advised that she had concerns regarding future events as there had been issues with noise, shouting, windows being left open and people having a good time.  She advised that it is a residential area and there should be clear and set boundaries.  Mrs Rayner advised that she had lived in her home for 8 years and when windows of the Church are left open, the noise travels and voices can be heard from her home.

The members of the Licensing Sub-Committee also examined the plans of the premises, having regard to the position of the residential objectors who lived in Seymour Place. An attempt was made to ascertain the exact source of the noise that the residents complained about. There was disagreement between the parties as to where the noise emanated from and the applicants disputed that any activities were taking place at all in relation to some of the complaints. 

Comments from the Licensing Sub-Committee:

The Sub-Committee sought further information regarding the types of events held, the Christmas fair and the general nature of the Church.  Members were advised by Ms Skansing that the intention is to streamline paperwork regarding TENs, that there would be no more that 15 event per annum and all events would be related to the Church and the community.  She advised that all there is a café, the Christmas events which are advertised on the Church’s website along with other community events; adding that, to exclude anyone would be the opposite of what the Church stands for.

The Sub-Committee queried if the applicant would be happy if only the ground floor and basement be permitted as licensable areas and that at no time should this be led by alcohol, only ancillary to the Church and community events.  Ms Skansing agreed that she would be happy with the arrangement outlined by the Sub-Committee.

Chair Summing Up and Formal Decision

The Sub-Committee thanked everyone for their submissions. The Sub-Committee noted the written submissions and concerns of the local residents, and thanked Mrs Rayner for attending. The members also noted the additional submissions made by Alison Knox who was unable to attend the hearing.  The Chairman also advised that with regard to regulated entertainment, on the grounds of religious prevalence, there should be no restrictions before 23:00.

The Licensing Sub-Committee decided that the granting of the application, subject to the additional conditions agreed or imposed on the licence, would promote the licensing objectives. It was noted that there shall be no more than 15 days each calendar year when licensable activities are permitted beyond 21:00. The Sub-Committee also decided to impose the condition that licensable activities shall be restricted to the basement and ground floor of the premises area only and the further condition that at no times shall the basement or ground floor of the premises be predominantly used as a drink lead establishment. The condition further emphasised that the consumption of alcohol must at all-times be incidental to some other use of the premises.

3.

Exhibition of Film; Performance of Dance; Performance of Live Music; Performance of a Play; Playing of Recorded Music (Indoors Only)

Monday to Thursday 12:00 to 23:30

Friday to Saturday 12:00 to 23:59

Sunday: 12:00 to 23:00

Seasonal variations/ Non-standard timings: None

Granted

4.

Hours Premises Open to the Public:

Monday to Sunday 10:00 to 23:59

Seasonal variations/ Non-standard timings: None

Granted

MANDATORY CONDITIONS

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4.        (1)        The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)        In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a)        games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i)         drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)        drink as much alcohol as possible (whether within a time limit or otherwise);

(b)        provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c)        provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d)        selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 (e)       dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6.        (1)        The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2)        The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3)        The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)       a holographic mark, or

 (b)       an ultraviolet feature.

7.         The responsible person must ensure that—

(a)        where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

            (i)         beer or cider: ½ pint;  

(ii)        gin, rum, vodka or whisky: 25 ml or 35 ml; and

            (iii)       still wine in a glass: 125 ml;

(b)        these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c)        where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i)       A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

8(ii)      For the purposes of the condition set out in paragraph 8(i) above -

(a)        "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b)        "permitted price" is the price found by applying the formula -

P = D+(DxV)

Where -

(i)         P is the permitted price,

(ii)        D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)       V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(c)        "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

(i)         the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

(d)        "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e)        "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii).    Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv).     (1)      Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)        The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

9.         When the Church Hall is hired the organisations must be vetted by the Swedish Church.

10.       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.

11.       The number of the persons accommodated at any one time (excluding staff) shall not exceed the following: Basement - 150.

12.       Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

- dry ice and cryogenic fog

- smoke machines and fog generators

- pyrotechnics including fireworks

- firearms

- lasers

- explosives and highly flammable substances

- real flame

- strobe lighting

13.       Licensable activities shall be restricted to the basement and ground floor of the premises.

14        Substantial food and non-intoxicating beverages, including drinking water, shall be available throughout the permitted hours in all parts of the premises where intoxicating liquor is sold and supplied for consumption on the premises.

15.       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.

16.       All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

17.       All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

18.       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.

19.       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, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

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

21.       There shall be no sales of hot food or hot drink after 23.00 hours .

22.       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

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

24.       All windows and external doors 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.

25.       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, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

26.       At no times shall the basement or ground floor of the premises be predominantly used as a drink lead establishment. Consumption of alcohol must at all-time be incidental to some other use of the premises.

27.       There shall be no more than 15 days each calendar year when licensable activities are permitted beyond 21:00 hours.