Decision

Licensing Sub-Committee – 7 March 2024
Determination of applications to grant a new premises licence
relating to:

1.     
Event Space – Waterloo Undercrofts, South
Bank, London, SE1 8XR

2.     
Food Court & Bar – Waterloo Undercrofts,
South Bank, London, SE1 8XR
 
 
REASONS AND
DECISION
 

1.     
The Licensing Sub-Committee (LSC) considered two
separate applications submitted by The FIS Bar Limited in relation
to two premises, namely: (1) Event Space at Waterloo Undercrofts,
South Bank, London, SE1 (Event Space) and (2) Food Court & Bar
at Waterloo Undercrofts, South Bank, London, SE1(“Food Court
& Bar”). Both applications were brought under section 17
of the Licensing Act 2003 (LA 2003).
 

2.     
At the hearing, the LSC determined to hear both
matters together, given that there was a considerable overlap in
terms of facts, evidence and representations between the two
applications. It was further considered proportionate to hear both
applications at the same time to avoid any prejudice that may arise
in hearing and determining one application before the other and the
potential for duplication.
 

3.     
Having heard both the applications, the LSC has
determined to grant both applications for new premises licences.
Members also considered it both appropriate and proportionate to
modify the opening hours of both premises and determined to impose
further conditions on both premises licences in addition to those
already agreed between the Applicant and the Responsible
Authorities, the Licensing Authority and Metropolitan Police.
Therefore, this decision is a determination of both
applications.
 

4.     
Twelve (12) representations were received against
the application for the Event Space which included seven (7)
members of the public, and the Responsible Authorities – the
Licensing Authority, the Health & Safety team, and the
Metropolitan Police. Representations against the application were
also received from the BFI and a local interest group representing
businesses in the area. These representations were based on the
licensing objectives of public safety, the prevention of public
nuisance and the prevention of crime and disorder. Of those
submitted representations, six (6) attended the meeting.
 

5.     
Two (2) representations were received in objection
to the application for the Food Court & Bar, with objectors
raising concerns relating to the licensing objectives of the
prevention of public nuisance, the prevention of crime and
disorder, and public safety. Both objectors (a local resident and
the Food, Health & Safety team) were in attendance.
 

6.     
The LSC heard from Mr. O’Maoileoin, Solicitor,
who represented the Applicant on both applications and Neil Benson
was in attendance on behalf of the Applicant. Mr. O’Maoileoin
confirmed that the Applicant had listened to the concerns of the
residents and Responsible Authorities and that the terminal hours
sought for the Food Court were midnight (Monday to Sunday) and for
the Event Space, midnight (Sunday), 01:00 (Monday to Thursday), and
02:00 (Friday and Saturday). He further confirmed that there had
been a number of conditions which had been discussed by the
Applicant and the Responsible Authorities and that the parties were
in agreement with most of the proposed conditions.
 

7.     
Mr. O’Maoileoin advised the LSC that the
Council’s Planning department had suggested that the
application be heard by the LSC first before planning permission
was granted for the premises. He reiterated that the Applicant
would be able to provide the rejuvenation of the area expressed by
local residents and that the management team were very experienced
with operating these types of venues.
 

8.     
Members sought clarification regarding the hours
sought for the Food Court & Bar, to which it was confirmed that
the Applicant was seeking hours of 10:00 to midnight for the sale
of alcohol, and from 23:00 to midnight for the provision of late
night refreshment with the terminal hour being half an hour after
that, i.e. 00:30. Upon further questions from the Chair, Mr.
O’Maoileoin confirmed that the Applicant would be willing to
reduce the hours sought for the Food Court & Bar to 23:00
Sunday to Thursday and 00:00 (midnight) Friday to Saturday with the
potential to seek to vary the licence after 6 months should it be
granted.
 

9.     
Mr. Benson expanded further on the application for
the Event Space explaining to the LSC the design and proposed
purpose of the premises. He confirmed that it would be used for a
wide range of activities, including corporate events, and that the
premises was completely internal and that there would be no public
right of way through the Event Space. The LSC also heard from the
Applicant’s architect, Nigel Tresise in relation to the
submitted Noise Assessment report and proposed dispersal policy. In
response to questions from the LSC, Mr. Benson explained that there
were three different exit routes which had been discussed with
local residents, and as such there were three plans relating to the
egress at different times of the day as indicated in the
Applicant’s Visitor Management Plan.
 

10. 
In relation to outstanding conditions not yet agreed
with the Responsible Authorities, Mr. O’Maoileoin advised
Members that conditions for the Events Space relating to the
presence and use of SIA staff had not been agreed with the Police.
Whilst the Applicant agreed to the use of SIA staff in the Events
Space, it was suggested that the events be risk-assessed by the
Applicant and on that basis, they would employ the required number
of SIA staff. Mr. Benson also confirmed that they also objected to
conditions relating to SIA staff wearing body worn cameras, and to
searches of patrons attending corporate events.
 

11. 
Members then heard from Bina Patel on behalf of the
Licensing Authority. She confirmed that a representation against
the Event Space application had been submitted during the
consultation process. Ms. Patel confirmed that there had been
considerable clarity from the Applicant in the meeting with regards
to how the operation would unfold should the licence be granted.
There were however some concerns that remained, namely the premises
operating events to people under the age of 18 without the adequate
supervision of adults. Ms. Patel further clarified that the reasons
for the conditions sought by the Licensing Authority was to ensure
that the Applicant upheld the licensing objectives.
 

12. 
Upon the suggestion of the Chair, Ms. Patel
confirmed that the Licensing Authority would be satisfied with a
modification to the condition in the operating schedule which would
state that unaccompanied children would not be allowed to enter
either premises after 19:00.
 

13. 
Members then heard from PC Dave Watson on behalf of
the Metropolitan Police who confirmed that in relation to the Event
Space, the Applicant had now satisfied the vast majority of the
Police’s concerns but that there remained a dispute in
respect to three conditions. He explained to Members that from his
experience, and from understanding how the premises intends to
operate, that a condition relating to SIA staff wearing body worn
cameras was appropriate. He also expressed that in his view, a
condition should be put onto the Events Space premises licence that
security staff would remain on site for a further 30 minutes after
closing so that there was a visible presence which would offer
security to patrons as they were leaving the premises. PC Watson
confirmed that the Police would be content with the removal of a
condition relating to requirement of searches of patrons. He also
confirmed that if Members were minded to grant the application, an
amended condition relating to the number of SIA staff at the
premises would be agreeable, namely:
 
There
shall be a minimum of 3 SIA licensed door supervisors on duty at
the premises on Thursday from 22:00 until the premises closes, and
for 30 minutes after the premises closes. There shall be a minimum
of 4 SIA licensed door supervisors at the premises on Friday and
Saturday from 21:00 until the premises closes and for 30 minutes
after the premises closes. At all other times, the requirement for
SIA door supervisors shall be subject to an operational risk
assessment by the premises licence holder.
 

14. 
Ms. Cloretta Gray also spoke to her representation
on behalf of the Health & Safety team confirming that she had
not been satisfied by what she had heard from the Applicant at the
meeting, and that there were a number of outstanding queries
relating to site management. She also confirmed to the Chair that
if Members were minded to grant the application for the Events
Space, those outstanding matters should be covered by having a
comprehensive site management plan and risk assessment.
 

15. 
Ms. Ciara Harris also spoke to her representation on
behalf of the Food, Health & Safety team against the Food Court
& Bar application. She confirmed that she was not satisfied by
what she had heard from the Applicant and that there were
outstanding queries relating to the public safety
objective.
 

16. 
Upon discussion with the Chair, the Food, Health
& Safety team expressed their satisfaction with a condition
that the Applicant provide a plan on how it would maintain the
areas in the vicinity of the premises and outside its demises
addressing issues including cleanliness, graffiti and public
urination and any other matter that engaged the public safety
licensing objective.
 

17. 
The LSC also heard from three residents across both
applications. All three residents spoke to their submitted
representations. Further representations were made by Ms. Hyde in
relation to the late hours sought by the Applicant for the Event
Space, with a suggestion made for more appropriate hours. Mr. Imran
X spoke of his concerns that should the applications be granted
there would be an increase in noise pollution and anti-social
behaviour in the vicinity. The late hours sought by the Applicant
was also raised by Mr. Imran X. Mr. Doolittle, spoke with reference
to both of his representations submitted against each application
reiterating his concerns about the noise nuisance and disturbance
that could occur, especially in the late hours when patrons would
be leaving the premises should the licences be granted.
 

18. 
The LSC carefully considered the oral and written
submissions made by all parties and determined that both
applications engaged the licensing objectives of the prevention of
public nuisance, the prevention of crime and disorder and public
safety, and thus its discretion under the LA 2003. Members also had
appropriate regard to the Secretary of State’s Guidance
issued under section 182 of the LA 2003 (the Guidance) and the
Council’s Statement of Licensing Policy.
 

19. 
In approaching the exercise of its discretion,
Members had due regard to paragraphs 9.42 to 9.44 of the Guidance
noting in particular the expectation set out at paragraph 9.43 that
the LSC’s decision should be “…evidence-based,
justified as being appropriate for the promotion of the licensing
objectives and proportionate to what it is intended to
achieve.”
 

20. 
The LA 2003 requires Members to grant an application
as sought and the LSC’s discretion is engaged only if the
licensing objectives are likely to be undermined by the grant of
the application. Where there is likely to be an adverse impact, the
LSC must take such steps as are appropriate and proportionate to
promote the licensing objectives. It is only where the likely
impact on the licensing objectives is such that no other measures
can provide sufficient mitigation that the application should be
refused. The LSC did not consider that it heard sufficient evidence
to justify the refusal of either applications.
 

21. 
Following submissions from the Responsible
Authorities and clarification from the Applicant on outstanding
conditions that would have engaged the licensing objectives,
Members were satisfied that both premises could operate in a way
that would not undermine the licensing objectives.
 

22. 
Several of the concerns raised by the residents
centred on the prevention of public nuisance, with reference to the
proposed operational hours of the Events Space. Members recognised
residents’ concerns about how the hours would be managed
within the context of the Waterloo environment and considered that
these premises were a new, novel and untested proposition that had
not yet been established. In view of these concerns and
acknowledging the nature of the public nuisance risk concerned and
the scope of its powers, the LSC has determined to reduce the
proposed terminal hours of the Event Space to midnight Monday to
Sunday which mirrors that of the Food Court & Bar. Members
understood from the Applicant’s submissions that the majority
of its events would not run pass 23:00 and so Members considered
that reducing the proposed terminal hour appropriately and
proportionately addressed the concerns that had been raised. It was
further accepted by the LSC that the Event Space can seek to
operate its private later-night events, by way of Temporary Events
Notice applications, and/or may seek a variation of the hours in
the future.
 

23. 
Weight was also given to submission made by the
residents regarding the potential noise and disturbance from
patrons using the proposed entry and exit points which run
underneath the nearest residential apartments. Members were
therefore minded to impose a condition on  the Events Space premises licence that there be no
entry or re-entry of patrons after 22:00. Similarly, there will be
no entry of patrons to the Food Court & Bar after 22:00.Members
determined that these conditions appropriately addressed the
concerns about ambient noise and nuisance, and anti-social
behaviour coming from the dispersal at the premises and was
proportionate.
 

24. 
The LSC considered that the imposition of these
conditions was both appropriate and proportionate, struck
the  right balance between the interests
of residents and both premises and would serve to ensure that the
premises  operated in a way which
promoted the public nuisance strand of the objectives. Given the
modification to times of the operational hours and thus licensable
activities, the LSC considered it appropriate that both premises
closes thirty minutes after licensable activities cease.
 

25. 
Accordingly, the LSC considers it both appropriate
and proportionate to modify the opening hours of both premises as
follows:
Opening
hours of the premises
Monday              
10:00 – 23:00
Tuesday              
10:00 – 23:00
Wednesday       10:00 –
23:00
Thursday            
10:00 – 23:00
Friday                  
10:00 – 00:00
Saturday            
10:00 – 00:00
Sunday               
10:00 – 23:00
 
Licensable
activities
Monday              
10:00 – 22:30
Tuesday              
10:00 – 22:30
Wednesday       10:00 –
22:30
Thursday            
10:00 – 22:30
Friday                  
10:00 – 23:30
Saturday            
10:00 – 23:30
Sunday               
10:00 – 22:30
 
 

26. 
In addition to those Conditions agreed between the
Applicant and Responsible Authorities, the Licensing Authority and
Metropolitan Police, the Licensing Sub-Committee has determined
that the following Conditions shall be imposed on both premises
licences:
 

                               
i.           
This licence does not come into effect until
planning permission has been received and works under that
permission have been completed to the satisfaction of the Licensing
Authority in consideration of the steps to promote the licensing
objectives.
 

                              
ii.           
The premises licence holder shall devise a written
plan setting out how it will maintain areas in the vicinity of the
Premises and outside its demise, including the Under Pass, Ramps
and Subway areas as shown on the Licensing Plan (events space) /
Licensing Plan (food court & bar) [as appropriate]. This plan
must address issues including cleanliness, graffiti and street
urination and any other matter which engages the public safety
licensing objective. The premises licences shall only take effect
upon written confirmation that this plan(s) is to the satisfaction
of Lambeth Council’s Environmental Health team.
 

                            
iii.           
An egress policy shall be drawn up in agreement with
the Licensing Authority and the Police Licensing Team, and shall be
implemented whilst licensable activities are taking place (and
until 30 minutes after the premises closes). This policy shall be
revised and agreed every calendar year.
 

                            
iv.           
A Site Management Plan relating to the public rights
of way shall be drawn up by the premises licence holder and shall
be made available to the Police and/or Licensing Authority upon
reasonable request.
 

                              
v.           
Body worn cameras shall be worn by all SIA licensed
security on duty at the premises at all times.
 

                            
vi.           
All children under the age of 18 shall be
accompanied by a responsible adult at all times whilst on the
premises after 19:00.
 

27. 
In addition to the above , the LSC has determined
that the following Condition shall be imposed on the Food Court
& Bar premises licence:

                               
i.           
No patron shall be admitted to the premises after
22:00.
 

28. 
In addition to the above Conditions to be imposed on
both premises licences, the LSC has determined that the following
Conditions shall be imposed on the Event Space premises
licence:
 

                               
i.           
There shall be a minimum of 3 SIA licensed door
supervisors on duty at the premises on Thursday from 22:00 until
the premises closes, and for 30 minutes after the premises closes.
There shall be a minimum of 4 SIA licensed door supervisors at the
premises on Friday and Saturday from 21:00 until the premises
closes and for 30 minutes after the premises closes. At all other
times, the requirement for SIA door supervisors shall be subject to
an operational risk assessment by the premises licence holder. Risk
assessments shall be kept at the premises and made available upon
request to either an authorised officer of Lambeth Council or the
Police.
 

                              
ii.           
No patrons shall be admitted or re-admitted to the
premises after 22:00.
 

29. 
The LSC was ultimately satisfied that any impact
that there might be upon the licensing objectives would be
appropriately mitigated by the conditions imposed in addition to
those agreed between the Applicant and Responsible
Authorities.
 

30. 
In reaching these decisions, the LSC had carefully
considered all the representations made. It had particular regard
to the need to ensure that the conditions imposed were appropriate
and proportionate and most importantly clear, unambiguous and
enforceable amongst other things. The LSC was satisfied that the
above conditions agreed and imposed appropriately and
proportionately addressed the concerns raised by the Responsible
Authorities and residents, and would ensure that the licensing
objectives engaged by this application were promoted.  Members also considered that the Event Space could
seek to operate its late-night events, by way of Temporary Events
Notice applications, and could seek a variation of the hours in the
future.
 

31. 
The Applicant, Responsible Authorities and other
parties will be aware that they have the right to appeal the
decision of the LSC and that any such appeal must be made within 21
days of this notification. This decision does not take effect until
the end of the period given for appealing against the decision or,
if the decision is appealed, the date upon which that appeal is
disposed.