This meeting was about whether to grant four new premises licences under the Licensing Act 2003 to The Arch Company Properties Limited at Arches 36, 37, 38 and 39 America Street, London SE1 0NJ. The applications cover four adjacent railway arches that are currently vacant. Each application requested permission for the sale of alcohol, late night refreshment, and the provision of live and recorded music.

Licensing of Arches 36-39 America Street

All four applications are subject to objections from the Metropolitan Police Service, Southwark Council Trading Standards, Southwark Council's Environmental Protection Team, and Southwark Council's Licensing Authority. There were also 14 representations from 'other persons' objecting to the applications, including one from Councillor David Watson.

The report pack describes the nature of the applications, summarises the objections, and sets out guidance for members of the sub-committee in making their decision.

The Arch Company explained their rationale for applying for the licences in the application forms:

"The applicant is the landlord who will not operate the premises but will transfer to a suitable tenant when identified.

We are making the application because, in challenging economic times, it is more attractive to an independent operator to take a premises with a premises licence thus avoiding the time and costs involved in making the application."

Objections from Responsible Authorities

The Metropolitan Police Service objected on the grounds that:

• The premises are situated in the Borough and Bankside cumulative impact area, meaning there is a presumption that new licenses will be refused unless the applicant can demonstrate that they will not add to the problems the policy is designed to prevent.
• The applications do not specify an accommodation limit for the premises.
• The applications do not include a condition to restrict the use of the premises as restaurants.

Trading Standards objected on the grounds that they would like to see stricter conditions relating to the protection of children from harm.

The Environmental Protection Team objected on the grounds that:

• The arches are all located in the Borough and Bankside cumulative impact area.
• The requested hours are longer than the hours granted by the recent planning permission for the arches, which limits their use until 23:00.
• They would like to see additional conditions to control noise from the premises.

Southwark Council's Licensing Authority objected on the grounds that:

• The arches are located in the Borough and Bankside cumulative impact area.
• The cumulative effect of four new licensed premises would negatively impact the area.
• They do not agree with the applicant's statement that there are no residents living nearby.

Objections from Other Persons

The representations from other persons raise similar concerns about the cumulative impact of the four new licenses on crime and disorder, public safety, and public nuisance, particularly noise.

Several residents of America House, a block of flats directly opposite the arches, raised concerns about the impact of noise on their quality of life. One resident, whose flat is directly opposite the arches, wrote:

Over the last years we are concerned by the large amount of repurposing of existing premises to late night entertainment and alcohol premises, providing a noticeable increase in the levels of late night noise, traffic and general disruption from having an increased number of such venues in the immediate proximity of residential buildings.

Councillor David Watson objected on behalf of residents in the Borough and Bankside ward, citing the high levels of alcohol-related crime and disorder in the area.

Guidance for the Sub-Committee

The report pack includes guidance for members of the sub-committee to help them make their decision. This guidance covers:

• Principles for making the determination: the sub-committee can only refuse to grant a licence, or modify the conditions requested by the applicant, if it is necessary to do so for the promotion of the licensing objectives.
• Conditions: conditions must be necessary, proportionate, within the control of the licensee, and worded in a clear and enforceable way.
• Reasons: the sub-committee must provide reasons for any decision to refuse a licence or modify the conditions requested by the applicant.
• Hearing procedures: the sub-committee may determine its own procedures for the hearing.
• Council's multiple roles and the role of the licensing sub-committee: The sub-committee is acting solely as a Licensing Authority and must act impartially and only take into account matters raised through representations.
• Guidance: The sub-committee is required to consider the Home Office guidance when making its decision, but may depart from it if it has good reason to do so.

Southwark Council Statement of Licensing Policy

The report pack also refers to the Southwark Council Statement of Licensing Policy 2021-2026, which sets out how the council determines licensing applications.

The policy states that in cumulative impact areas like Borough and Bankside, there is an automatic presumption that applications will be refused unless the applicant can demonstrate that they will not add to the negative cumulative impact already felt in the area.

The requested hours for the arches fall within the framework hours recommended by the policy for restaurants and cafes in the Borough and Bankside Major Town Centre. However, the policy makes it clear that the sub-committee must consider each application on its own merits.