Decision Notice – Review of Premises Licence: La La Land, 17-19 Great Eastern Street, EC2A 3EJ

Decision:
The Licensing Sub-Committee in considering this decision from the information presented to it within the report, additional papers submitted and submissions given at the hearing on 25 June 2024 and has determined that having regard to the promotion of all the licensing objectives:

• The prevention of crime and disorder;
• Public safety;
• Prevention of public nuisance; and
• The protection of children from harm,

The Sub-Committee after hearing the application to review the premises licence for La La Land, 17-19 Great Eastern Street, EC2A 3EJ, and in particular the prevention of crime and disorder, public safety and public nuisance, decided to modify the premises licence, by adding the 33 conditions set out below, in addition to the following additional conditions:

Following the review of this premises licence deregulated live music and recorded music is removed from this premises licence. Therefore, Section 177A does not apply to live music or recorded music which, by virtue of a provision other than paragraph 12A or 12C of Schedule 1, is not regarded as the provision of regulated entertainment for the purposes of the Licensing Act 2003.

The hours for licensable activity:

Recorded Music
Monday to Thursday 12:00 – 22:00
Friday to Saturday 12:00 – 23:00
Sunday 12:00 – 22:00

Supply of Alcohol
Monday to Thursday 12:00 – 22:00
Friday to Saturday. 12:00 – 23:00
Sunday 12:00 – 22:00

Opening hours
Monday to Thursday 12:00 – 00:00
Friday to Saturday. 12:00 – 00:30
Sunday 12:00 – 22:30

The following additional conditions to be added to the premises licence:

i) No more than 20 events in any calendar year (commencing 1st January to 31st December) where:

The event is accessible to the public with general admission gained via tickets whether available for purchase or not, and

The event consists of music entertainment where it can be reasonably assumed that the music entertainment the primary purpose for attendance

ii) The Premises Licence Holder shall instruct a competent person to carry out a fire risk assessment to determine the capacity of the premises, in particular the capacity of the premises when there are events at the premises.

iii) The Premises Licence Holder shall hold and publicise liaison meetings at least every (6) six months with local residents to address any concerns or complaints about the premises.

iv) The Premises Licence Holder has agreed the following 33 conditions that will be added to the premises licence with amendments:

1. The premises shall principally operate as a food led operation
2. Notwithstanding condition 1 licensable activities may be provided to those persons attending pre-booked private functions and ticketed events
3. There shall be no externally promoted third party music led events at the premises.
4. The premises shall maintain a live premises Management Plan (the Management Plan) that shall contain all policies that are required and necessary to operate a safe premises.
5. The Management Plan shall be risk assessed, led, reviewed, revised as is necessary
6. This shall include, but not be limited to, the following: –

• Challenge 25 policy
• First Aid Arrangements
• Proscribed drug policy
• Dispersal Policy
• Evacuation policy
• Emergency Evacuation policy and procedure
• Crisis communication plan with neighbouring premises
• Counter terrorism plan
• Arrangements for vulnerable people and underage visitors
• Noise Management
• Children and Vulnerable Persons
• Resident and business communication plan
• Children policy

1. An Event Management Plan (EMP) will be prepared for each event comprising 1,000 or more attendees. The EMP shall be served upon and agreed with the Police, a minimum of 14 working days ahead of an event.
2. The Premises Licence Holder shall comply with the Management Plan agreed by the Police.
3. The Premises Licence Holder shall at the request of the local residents or businesses host a Community Meeting, at least every six months.
4. If a serious assault is committed on the Premises (or appears to have been committed) the staff and management of the premises will endeavour to ensure that:

(a) The Police (and, where appropriate, the London Ambulance Service) are called without delay;
(b) All measures that are reasonably practicable are taken to apprehend any suspects where possible pending the arrival of the Police;
(c) The crime scene is preserved to enable a full forensic investigation to be carried out by the Police; and
(d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.

11. A minimum of one SIA licensed door supervisor shall wear a body worn camera at all times when on duty.
12. Door supervisors will wear high visibility jackets or vests or high visibility armbands whilst working at entry/exit points and around the exterior of the building.
13. Any person entering the premises with alcoholic liquid bottles/containers will have these retained by the premises management in a secure location up until the time that the person leaves the premises.
14. A drug and psychoactive substance policy, shall be agreed with the Police and shall detail, but not be limited to the following information:

(a) Seizures to be logged on a register
(b) Disposal methods of any seized goods and type of secure deposit box.
(c) Access restricted to management only at all times. Names to be registered
(d) Notification to Police for emergency on 999 or non-emergency on 101
(e) Welfare, e.g., intoxication

15. Staff shall undertake routine patrols of the toilet facilities which shall be logged with date, time and name of person.
16. The premises shall not engage the services of street promoters to encourage clientele to attend the venue.
17. The Premises Licence Holder shall ensure that staff are trained as appropriate, in respect of relevant licensing law, crime scene best practice and upon the sale of alcohol to drunks and persons underage.
18. This training is to be clearly documented and signed and any training for future staff must also be organised at the appropriate time.
19. Refresher training shall be carried out every 6 months. Details of training are to be made available for inspection by Police or other Responsible Authorities, upon request.
20. The Premises Licence Holder and the Designated Premises Supervisor shall ensure that all staff that are customer facing/engaging at the venue are trained, as appropriate, in respect of Welfare and Vulnerability Engagement and that all new staff sit through this presentation. Refresher training to be conducted every six months. A record will be kept of when the training took place and will be made available for inspection by Police or other responsible authority, upon request.
21. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided. All exit routes shall be kept unobstructed, shall have non- slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.
22. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
23. Curtains, decorations and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
24. All fabrics, curtains, drapes, and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.
25. A sound limiting device shall be installed and used where music is provided, set and sealed at a level by the sound consultant and agreed by the Environmental Protection Team in compliance with the approved scheme. The sound limiting device or approved level shall not be altered without prior agreement of the Council’s Environmental Protection Team.
26. All music shall be channelled through the premises own sound equipment and no external noise equipment shall be utilised in the event of a private hire event.
27. A Noise Management Policy must be prepared and implemented at the premises. The noise management policy shall be agreed by the Council’s Environmental Protection Team should be periodically reviewed and updated. A copy will always be available to officers on request.
28. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a public nuisance.
29. The Premises Licence Holder shall submit and implement a written dispersal policy submitted to the Licensing Authority and the Police. All staff shall be briefed on this dispersal policy. A copy of the policy shall be kept on the premises and shall be produced to a Police officer or other authorised officer upon request
30. Deliveries to the premises shall not take place between 22:00 and 08:00
31. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
32. Signage advertising the Challenge 25 scheme shall be prominently displayed throughout the premises with a particular emphasis on the alcohol display area and service area.
33. When children under the age of 18 are in the premises they will be under adult supervision.

Reasons for the decision

The Licensing Sub-Committee following the application to review the premises licence for La La Land, 17-19 Great Eastern Street, EC2A 3EJ decided that the appropriate course of action was to modify the premises licence as proposed by the Metropolitan Police Service (“the Police”).

The Licensing Sub-Committee carefully considered the representations from the Police, the Police’s legal representative, and hearing from the Premises Licence Holder’s legal representative, the Premises Licence Holder together with the representations made by the Licensing Authority, the Environmental Protection Team and 8 representations from Other Persons (local residents) who supported the review application.

The Sub-Committee took into consideration that the Police, after the submission of their application, had met the Premises Licence Holder on 12 June 2024. Following that meeting the Police decided to reconsider their application, and agreed to a number of additional conditions with the Premises Licence Holder.

The legal representative for the Police made representations that the Police are no longer seeking revocation of the premises licence following 33 conditions being imposed. The review had been brought by the Police due to previous management hiring the premises to third party promoters for music events? in July and August 2023 resulting in public nuisance in the area.

The Sub-Committee took into account that there will be a change in the premises from event space back to a food hall with 6 kitchens. There had been a lengthy engagement between the Police and the Premises License holder in relation to the operation of the premises. It was agreed that revocation is no longer necessary. The Sub-Committee noted that there were failures of management previously, however, the new business model and conditions would maintain the licensing objectives. It was made clear that the premises will not be able to operate without a Designated Premises Supervisor and that the capacity of the premises would need to be confirmed.

The Sub-Committee heard representations from the Responsible Authorities, the Licensing Authority and the Environmental Protection Team, who remained concerned about the management of events on the premises and the dispersal of customers and noise breakout on site respectively. The Sub-Committee noted that the Premises Licence Holder had installed a sound limiter on the premises.

The local residents made representations that this was an open air site which would cause public nuisance in the area. The Sub-Committee took into account submissions from local residents that they remained concerned about the dispersal of customers from the premises and the negative impact on local residents.

The Sub-Committee heard representations from the legal representative for the Premises Licence Holder that the premises has an indoor restaurant and would now revert to a food led premises. The Premises Licence Holder is trying to manage the premises better and they have a new manager starting from 26th June.

The Sub-Committee took into consideration that all music will be channelled through the premises own sound equipment, and no external noise equipment shall be utilised during private hire events.

The Sub-Committee took into account that the Premises Licence Holder still wanted to host pre-booked private events?. The Sub-committee heard that these ?events will not be ?operated by any third-party promoter?. All of these events will be under the control of the management of La La Land? including the day to day operation of the premises as a food market from 1st July 2024.

The Sub-Committee noted that the premises have been closed voluntarily since 1st January 2024 and have been undergoing a substantial refurbishment.

The Sub-Committee also took into account that the Premises Licence Holder had expressed their regret at the use of third party promoters that had led to problems in 2023. The Premises Licence Holder assured the Sub-Committee that they would not be using third party promoters again in the future. The Premises Licence Holder had submitted a number of additional supporting documents for the review hearing including a number of additional conditions, a Management Plan and a dispersal policy. The Sub-Committee noted that the Police had been satisfied with those additional measures put forward by the Premises Licence Holder.

The Sub-Committee felt that modification of the premises licence conditions, reduced hours, the dispersal policy and the Management Plan would help the premises operate responsibly. In addition to the level of the noise limiter being agreed with the Environmental Protection Team.

However, the Sub-Committee felt that the Management Plan had not taken into account having over 1000 customers, and there is no limit on the capacity of the premises, which needs to be addressed

The Sub-Committee took into consideration that the Stage development comprising 412 flats, close to the premises, was now fully occupied, and there are greater concerns than prior to its completion. The Sub-Committee’s concerns related to the impact the premises will have on the local residents occupying these flats.

The Sub-Committee felt that with modified conditions on the licence, the premises would improve, and be run in a manner that complied with the conditions of the licence, and would not undermine the licensing objectives in the future.

Public Informatives

1. The Premises Licence Holder is encouraged to engage in meaningful dialogue with the local residents to resolve any issues relating to the premises, and for the Premises Licence Holder to play their part in reducing any impacts of noise emanating from the premises, particularly during the evening and late at night.
2. The licensee was strongly encouraged to use sustainable cutlery, plates, cups, food containers, and recyclable disposable materials to avoid using single-use plastic disposable items to protect the local area, to prevent litter, and to protect the environment.

Your right to appeal
If you are aggrieved by any term, condition or restriction attached to this decision, you have the right to appeal to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ within 21 days of the date you receive this written decision.

Publication date: 09/07/2024

Date of decision: 25/06/2024

Decided at meeting: 25/06/2024 – Licensing Sub Committee D