This meeting was to consider applications for new premises licences under the Licensing Act 2003 for Arches 36, 37, 38 and 39 on America Street in Southwark. The applications were submitted by The Arch Company Properties Limited, who described themselves as the landlord of the premises, not the operator. Objections to the applications were received from the Metropolitan Police Service, Trading Standards, the Environmental Protection Team, the Licensing Authority and members of the public.

Applications for new premises licences

The Arch Company Properties Limited applied for new premises licences for the four arches, seeking permission for the sale of alcohol both on and off the premises, the provision of late night refreshment, and the performance of both live and recorded music. The applications were nearly identical, with the same hours requested for each arch, and only slight variations in the plans:

“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.” ¹

The Arch Company noted that the premises are located within the Borough and Bankside Cumulative Impact Area, meaning that there is a presumption against granting new premises licences. However, they argued that the small size of the premises and the fact that the hours requested were similar to the framework hours in the council's Statement of Licensing Policy meant that the applications should be granted.

Representations from Responsible Authorities

All four Responsible Authorities submitted representations objecting to the applications.

The Metropolitan Police Service raised concerns about the cumulative impact of four new licensed premises in the area, particularly as the applications did not include conditions that would restrict the style of operation of the premises. The police also objected to the lack of an accommodation limit in the applications, and said that the latest opening time permitted in the area under the council's Statement of Licensing Policy was 1am for restaurant-style operations only.

Trading Standards were concerned about the protection of children from harm, and asked for four additional conditions to be added to the licences to promote this licensing objective. These included a Challenge 25 policy, staff training, signage, and a register of refused sales.

The Environmental Protection Team objected to the applications for Arches 36, 37, and 39 on the grounds that the hours of operation requested exceeded those granted under a recent planning permission. The planning permission, granted under application number 23/AP/0561, restricted the opening hours of the premises to 8am to 11pm, while the licensing applications sought permission to open until midnight Sunday to Thursday and 1am on Friday and Saturday. The Environmental Protection Team also requested that the outside areas of the premises be closed to customers at 10pm, in line with the council's Statement of Licensing Policy, and asked for a number of amendments to the proposed conditions and two new conditions, including a condition restricting the playing of amplified music in outside areas.

The Licensing Authority also objected to all four applications, arguing that the cumulative impact of four new licensed premises in the area would be significant, regardless of whether the hours requested were within framework hours. They disagreed with the Arch Company's assertion that the arches were not in a residential area, and said that the applications could be refused on the sole basis that they were subject to a cumulative impact area:

We contend that granting the application in its current state will further contribute to the negative local cumulative impact of licensed premises in the Borough and Bankside CIA. ²

The Licensing Authority offered 28 additional conditions and asked for a reduction in hours, but said that they would maintain their representation even if the applicant agreed to the conditions.

Representations from other persons

Fourteen representations were received from other persons, including a ward councillor and individual residents. These representations raised concerns about the cumulative impact of four additional licensed premises in the area, particularly the potential for noise nuisance, anti-social behaviour, and crime and disorder. Residents living close by, including some with bedrooms directly opposite the arches, said that the noise from the premises and patrons would make their homes unlivable:

The idea of regular disturbances up to 1am will I fear make our homes unliveable and have a serious impact on our health. ³

Several objectors pointed out the already high number of licensed premises in the vicinity, such as Brix on Great Guildford Street, Flat Iron Square opposite the arches, and the Caravan Restaurant, which all contribute to late-night noise and disturbance. Concerns were also raised about the potential for street drinking and smoking, particularly in Keppel Row, a nearby residential street.

Conciliation

The report pack noted that none of the representations from Responsible Authorities or other persons had been conciliated.