Agenda item

The licensing officer reported that there were papers from the applicant’s representative that had been circulated separately.  These would be interleaved with the agenda papers. It was noted that the representation on page 174 of the agenda had been withdrawn as a bottling out condition had been agreed that stated there would be no bottling out between 10pm and 8am Mondays to Fridays and not on Sundays.

Local residents raised concerns that there had been two refused planning applications in recent months and Ellipsis only held the lease until October.  The conditions allowed 75 people as a maximum number and they would like this number reduced.  It was noted that the entrance was on Peartree Street which was a residential road and which already had a certain amount of noise which amplified.  It was considered that even a small group of people could cause a disturbance 7 days a week.  They raised concerns about taxi parking as there was limit space on a single width road.  Users should be directed away from the venue, capacity limited to 60 users and the hours were too long and should be reduced with no opening on Sunday.  They also raised concerns that this was an open ended application which was unrestricted and stated that concerns raised should be reflected in the conditions.

In response to questions, it was noted that capacity numbers were not restricted in conditions. It was considered that the hours for the sale of alcohol should end at 10pm.  There should be a management plan to include flow of traffic and people.  It was noted that the licence would be time limited.  It was noted that bedrooms overlooked the narrow street and the late hours and the number of days a week that the events were held would be a concern. There would be new events every six minutes and they would be held until midnight which would have an impact.  The street was very narrow and noise travelled as in a canyon. This was a narrow street and the whole of the main building opposite was residential.  

The applicant’s representative stated that this was an immersive theatrical experience with groups of 6 people at 10 minute intervals.  There would be constant supervision by at least one member of staff.  Each showing would last for 1 to 1 ½ hours and there would be a last entry time of 9.30 pm.  This would be a time limited project.  They were confident that the lease would extend after October but were not concerned if it did not run until after 2019.  Noise assessments were ongoing.  There were controls regarding noise outbreak and the additional papers detailed the dispersal policy, the lobby would be permanently staffed and could hold 24 people on arrival or departure.  Patrons could be dispersed onto Goswell Road. This would be licensed with restrictive conditions. They had engaged in correspondence with the residents which they hoped had been a useful process.  They would be looking for flexibility for the capacity numbers. The applicant’s representative agreed that there could be a condition on the licence that the licence be surrendered when they left the premises.

In response to questions, it was noted that phones and wallets were taken at the start of the event and each group were led through six different rooms with different themes. There were pods for six with ten minute intervals. Patrons could be led out onto Goswell Road.  It was considered that only a small proportion of theatre goers would stay in the bar area.  They would manage the flow of patrons in a proactive manner. It was noted that the theatre would attract a different crowd to public houses in the area. This application fitted with the licensing policy exceptions, it was a new cultural experience, it was within policy hours, had robust controls, was not a late night venue and there had been universal silence from the responsible authorities.

In summary, the residents were concerned that the application depended on good will from the applicant.  They would not want the applicant to breach their conditions and this was an opportunity to set boundaries. They raised concerns regarding the number of people, the hours and the use of the premises seven days a week.  They would like the last entry ticket to be sold at 8.30pm.  Normal levels of talking by patrons could still disturb residents. The applicant stated that this would be a theatrical experience and would be concerned if dispersal was agreed onto Goswell Road only.

RESOLVED

1)     That the application for a new premises licence, in respect of Ellipsis Immersive Theatre, 132 Goswell Road, EC1V 7DY be granted to allow:-

1)         The supply of alcohol for consumption on the premises from 10am to 11pm Sunday to Thursday and 10am to midnight Friday and Saturday.

2)         Provision of regulated entertainment of plays, films, live music, recorded music and performance of dance from 10am to 11pm Sunday to Thursday and 10am to midnight Friday and Saturday.

3)         Late night refreshment from 11pm to midnight Friday and Saturday.

4)         Opening hours of the premises from 10am to 11.30pm Sunday to Thursday and 10am to half past midnight Friday and Saturday.

5)         The premises licence will be time limited and lapse on 29 February 2020

2)     That conditions detailed on pages 231 and 232 of the agenda be applied to the licence.

REASONS FOR DECISION

This was a new application for a premises licence in the Bunhill Cumulative Impact Area. Licensing Policy 2 and 3 and 6 were applicable.

The Licensing Sub-Committee considered all the written submissions and the oral submissions made at the hearing. The oral submissions were from the applicants’ legal representative and various residents.

No written or verbal submissions were made by any of the responsible authorities to the application.

The application was for the premises licence to be time limited and to lapse on 29^th February 2020.

The maximum number of customers permitted in the premises at any one would be 75 although it was envisaged as per the operating plan that the actual figure would be in the region of 36 people.

The business plan was for alcohol to be consumed by patrons after they had experienced a six phase sensory experience in various small theatre environments. The plan was for customers to be provided with a niche experience in very small groups to be followed, if they wished, by a couple of drinks at the end of the experience before they left the premises.

Condition 1 and 2 stipulated by the applicant on page 168 of the application papers, provided that the supply of alcohol shall only be to persons attending the premises for artistic and theatrical entertainment and that it shall be ancillary to the use of the premises as an artistic and theatrical entertainment venue.

The Licensing Sub-Committee fully considered the submissions made by the residents and the concerns that the licence could be used by subsequent owners with a completely different, noise creating business.

The Licensing Sub-Committee considered imposing a condition on the licence that the applicant would be required to surrender the licence when it sold the business or closed down.

The Licensing Sub-Committee concluded that the specific conditions offered by the applicant and imposed by the Licensing Sub-Committee, together with the fact that the licence is time limited until February 2020, were sufficient safeguards.

The Licensing Sub-Committee concluded for the reasons set out above, that the application fell within the exceptions to the Bunhill Cumulative Impact Policy and should be granted.