Agenda item - FITZROVIA CHAPEL, 2 PEARSON SQUARE W1

FITZROVIA CHAPEL, 2 PEARSON SQUARE W1

Meeting of Licensing Sub-Committee (4), Thursday 28th July, 2016 10.00 am (Item 3.)

App

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

West End / not in cumulative impact area

Fitzrovia Chapel,

2 Pearson Square,

New

16/05187/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 28th July 2016

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Susie Burbridge and Councillor Louise Hyams

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Ola Owojori

Relevant Representations: Environmental Health, 1 Residents’ Association and 7 local residents.

Present: Mr Thomas O’Maoileoin (Solicitor, representing the Applicant), Ms Wendy Shillam and Ms Carolyn Keen (Trustees, The Fitzrovia Chapel Foundation), Mr Dave Nevitt (Environmental Health) and Mr Linus Rees (Director and Trustee, Fitzrovia Neighbourhood Association).

Fitzrovia Chapel, 2 Pearson Square, W1 16/05187/LIPN
1.	Plays, Films, Live Music, Recorded Music, Performance of Dance and Anything of a similar description to Live music, Recorded Music or Performance of Dance
	Monday to Saturday: 10:00 to 23:00 Sunday: 10:00 to 22:30 Sundays before Bank Holidays: 10:00 to 23:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee initially heard from Mr O’Maoileoin, representing the Applicant. He stated that Fitzrovia Chapel had been attached to Middlesex Hospital but the Hospital had moved and the building the Hospital had been located in had been demolished. The Chapel building had not been used for many years. Mr O’Maoileoin referred to the representations, commenting that he appreciated the concerns of those who used the Chapel for reflection. However, their concerns were not relevant to the licensing objectives as accepted by Fitzrovia Neighbourhood Association. Mr O’Maoileoin explained that the Applicant did not want to undertake any activities which would reflect poorly on the former chapel. Included within the report were the types of uses that might be considered to be appropriate and those that would not be considered to be appropriate. Mr O’Maoileoin made the point that there would be no discos or nightclub activities. Uses would include daytime meetings, lunches and dinners, performances of the spoken word, chamber music, dance and musical recitals. The proposed hours for licensable activities would be within the Council’s Core Hours policy except for a request for a 10:00 hours start on Sundays (same commencement time as the rest of the week) for most of the licensable activities as it was appropriate that the venue would be available for the community. It was proposed that alcohol would not be sold before 12:00. Mr O’Maoileoin informed the Sub-Committee that pre-application advice had been sought from Mr Nevitt on behalf of Environmental Health. Conditions had since been agreed with Environmental Health. His clients had carried out an extensive consultation with local residents and stakeholders, including ward councillors who it was felt were supportive. In terms of the policy implications, Mr O’Maoileoin expressed the view that his clients had addressed any issues relating to the policies that were applicable to the Chapel being a combined use premises. The policy on music and dancing was more relevant to a disco or nightclub premises. Conditions such as no noise being permitted to emanate from the premises were likely to address any concerns in this area. The premises would not be similar to a pub or bar. Alcohol sold would be limited with off sales being in sealed containers only (the Applicant was content that a condition to this effect was attached to the premises licence). At stalls when events took place there would be a small amount of organic wines or beers on offer. A maximum capacity had been discussed with Environmental Health of 120 people standing at a function and 80 seated. There would be some films shown and it was accepted that the film mandatory condition would be attached. It was also noted that most of the entertainment sought in the application was now deregulated in any event. Mr O’Maoileoin addressed the Sub-Committee on Mr Rees’ representation on behalf of Fitzrovia Neighbourhood Association. Mr Rees had recommended four proposed conditions and Mr O’Maoileoin advised that his clients were content for all of them to be attached to the premises licence if the Sub-Committee was minded to grant. His only caveat was that whilst patrons could be directed to enter and leave via Mortimer Street, the Applicant could not ensure that they would enter or leave via Mortimer Street. The other conditions that the Applicant was content to agree to was that there would be no advertisement or advice encouraging on street parking outside the hours of control, smokers would only be directed to the designated smoking area within Pearson Square and no deliveries would take place before 10:00 on a Sunday. In response to questions from the Sub-Committee, Mr O’Maoileoin and Ms Shillam were able to clarify that it was not intended that patrons would be able to stand outside with a drink, that the stalls used during events would be inside the premises and that events were needed to ensure that the running of the Chapel was sustainable. Ms Shillam provided the information that there had been a £3m refurbishment of the venue and in order that it was financially viable there needed to be one event per week. The venue was available to the community. The Sub-Committee heard from Mr Nevitt on behalf of Environmental Health. He advised Members that the Chapel had been restored and refurbished and met all the necessary public safety requirements including in terms of escape routes and signage. The Applicant intended to introduce more lavatories in order that the proposed capacity of 120 could be accommodated. Mr Nevitt was content that the venue had good acoustic integrity and was confident there would be no issues with noise breakout. No windows would be opened. He had maintained his representation primarily due to residents’ concerns. He made the point that Pearson Square is pedestrianised and is very quiet due to lack of traffic. Consideration needed to be given to the dispersal of patrons at a later hour. Mr Nevitt believed that it was appropriate to direct them to Mortimer Street and signage or personal direction from staff was likely to help. Surrounding the venue was a residential development. He confirmed that he had agreed a number of conditions with the Applicant in the event that the Sub-Committee was minded to grant the application. Mr Rees addressed the Sub-Committee. He stated that he could appreciate the concerns of staff of the former hospital who believed it was inappropriate to have licensable activities in the Chapel. This was not though relevant to the licensing objectives. He made the point that the Chapel had been restored as part of the Pearson Square / Fitzroy Place development and as part of the S106 planning agreement it had been agreed this would be for community use. Mr Rees believed there was the potential for public nuisance from the Applicant’s proposed use of the Chapel. His particular concern was the coming and going of patrons in a residential area, including nearly 300 flats in Fitzroy Place and 40 social flats next to the Riding House exit. If people were dropped off by taxis it would be to the surrounding streets like Riding House Street and Nassau Street. The preferred route for patrons to enter and leave the premises was via Mortimer Street although Mr Rees believed that it would not be possible to control which direction patrons took to and from the premises. Mr Rees referred to a leaflet produced by the Applicant which he stated advertised local street parking arrangements. He was asking for patrons to arrive by public transport. He also expressed the view that the maximum capacity of 120 people would add to the cumulative impact of licensable activity around the public square and would adversely affect the increasingly residential area. He made the point that there could be events seven days a week. Mr Rees requested that the application was refused but he understood the need for the Chapel to be financially sustainable. In the event that the Sub-Committee was minded to grant the application, he was proposing the four conditions which Mr O’Maoileoin had informed the Sub-Committee was acceptable to the Applicant. Mr Rees added that he had been advised by managers of the estate that smokers should be directed to the pavement in Mortimer Street. There had been a designated smoking area in Pearson Square but this was no longer the case. Mr O’Maoileoin responded to points made by Mr Rees. Firstly, he wished to make the Sub-Committee aware that there was onsite security for Pearson Square which was twenty four hours a day and seven days a week. He also clarified that his client had consulted Mr Rees on the leaflet and had made the required changes to it removing references to street parking based on Mr Rees’ recommendations. The Sub-Committee, having heard and read the representations, granted the application. Members considered that the licensing objectives would be promoted for a number of reasons. The Chapel had been refurbished and had met with Environmental Health’s approval in terms of good acoustic integrity and public safety requirements. The Applicant was seeking hours for events that were within the Council’s Core Hours policy and had agreed conditions proposed by Environmental Health. The Applicant was amenable to the four conditions Mr Rees had requested were attached to the premises licence if the Sub-Committee was minded to grant. The conditions that the Sub-Committee decided were enforceable and attached to the licence were that patrons would be directed to and from Mortimer Street for all events and at all times, patrons would be discouraged from using cars to attend events and that there would be no deliveries before 10:00 on Sundays. It was agreed that patrons permitted to temporarily leave and then re-enter the premises to smoke would be restricted to a designated smoking area shown on an amended plan provided by the licence holder. Members of the Sub-Committee were also re-assured that there is onsite security for Pearson Square which is twenty four hours a day and seven days a week. Members of the Sub-Committee considered that the nature of the events that the Applicant was seeking to hold appeared to be appropriate and that those involved with the Chapel appeared to be committed to preventing public nuisance to local residents. It was also noted from the papers that the Chapel had never been consecrated and its use had always been secular in nature. The Sub-Committee however advised the parties present that if it was found that the licensing objectives were not promoted, there was the potential for the premises licence to be reviewed.
2.	Sale by Retail of Alcohol (On & Off)
	Monday to Saturday: 10:00 to 23:00 Sunday: 12:00 to 22:30 Sundays before Bank Holidays: 10:00 to 23:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the application, subject to conditions as set out below (see reasons for decision in Section 1).
3.	Opening Hours
	Monday to Saturday: 07:30 to 23:30 Sunday: 07:30 to 23:00 Sundays before Bank Holidays: 07:30 to 23:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.

Conditions attached to the Licence

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;

(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.

9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.

Additional Conditions

10. The authorised person on duty will know where the CCTV cameras are located and how to contact the operators. This is will form part of the induction process for all paid and unpaid staff.

11. This premises must be able to provide a police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

12. The staff member will know who has access to the images via the on site security office of the Estate management. Any requests for CCTV images, either through viewing or footage recording will comply with the Data Protection Act.

13. 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.

14. 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.

15. Whilst open for licensable activities 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. A direct telephone number for the duty 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.

17. 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.

18. No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. The capacity excluding staff shall not exceed 120 persons.

19. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 hours and 08.00 hours on the following day.

20. 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.

21. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day.

22. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the building to encourage and secure access for community uses to the premises through liaison between the local community, the landlord and the tenant; to publicise and market facilities at the premises for community uses; and to ensure the future maintenance and upkeep of the premises.

23. 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, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(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.

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

25. Patrons will be directed to and from Mortimer Street for all events and at all times.

26. Patrons will be discouraged from using cars to attend events.

27. There shall be no deliveries before 10:00 on Sundays.

28. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area shown on an amended plan provided by the licence holder.

Supporting documents:

1 - Fitzrovia Chapel 2 Pearson Square W1, item 3. PDF 6 MB