Decision

The Licensing Sub Committee (LSC) considered an application for a Premises Licence for the premises Secret Cinema, situated on Land to the East of East Parkside, West of Olympian Way and South of Edmund Halley Way (Plot 20.02), London SE10.

The application was for the following licensing activities:

·        Performance of Plays

·        Exhibition of Films

·        Performance of Live Music

·        Provision of Recorded Music

·        Performance of Dance and similar activities

·        the sale and supply of alcohol (for consumption on the premises only)

·        provision of late-night refreshment

The Licensing Sub-Committee (LSC) considered:

·        The application

·        Representations from the Applicant

·        Written representations from 2 local residents which pleaded all licensing objectives.

The LSC had regard to:

• The Licensing Act 2003

• Section 182 Guidance issued under the Act

 • The Royal Borough of Greenwich Statement of Licensing Policy

• Human Rights Act 1998 and the European Convention on Human Rights

In considering the licensing objectives:

·        The Prevention of crime and disorder

Revised guidance issued under section 182 of Licensing Act 2003 at paragraph 2.1 states that Licensing authorities should look to the police as the main source of advice on crime and disorder. They should also seek to involve the local Community Safety Partnership (CSP).

There were no police objections to this application.

The LSC gave due weight to the written representations from two local residents raising concerns under the licensing objectives.

The objectors did not attend the hearing. Their written representations were nevertheless fully considered by the LSC.

The LSC considered that pursuant to paragraph 13.7 at page 40 of the Royal Borough of Greenwich Statement of Licensing Policy, the Applicant demonstrated that the proposal would not add to the cumulative impact within the Cumulative Impact Zone where the premises were situated.

The LSC considered that that granting the application subject to the 49 conditions offered by the Applicant and contained within pages 51 – 58 of the report met the prevention of crime and disorder objective

Regarding the objectives:

·        Public safety

The LSC considered the reference in the written objection to there being no safe-dispersal point in the event of fire.

The LSC considered this with reference to Section 182 Guidance at paragraph 2.8 which states that Licence holders have a responsibility to ensure the safety of those using their premises, as a part of their duties under the 2003 Act. This concerns the safety of people using the relevant premises rather than public health which is addressed in other legislation.

Paragraph 2.9 of the Section 182 Guidance states that Fire safety is one of the matters which should be considered in relation to public safety.

The LSC considered that there was no objection from the London Fire Service as a Responsible Authority in this regard and that the objection did not therefore demonstrate that the Public safety objective was undermined in this regard.

The LSC similarly considered that the proposals presented by the Applicant suitably addressed the concerns raised by the objections and that all objectives were met regarding all licensing activities within the application. 

The LSC resolved to grant the application in full, subject to the incorporation into the Premises Licence of the conditions offered by the Applicant.

There is a right of appeal to the Magistrates’ Court under Section 181 and Schedule 5 of the Licensing Act 2003. The appeal must be commenced by notice of appeal to the Justices’ Chief Executive for the Magistrates Court within the period of 21 days beginning with the day on which the appellant was notified by the Licensing Authority of the decision being appealed against.