Hammersmith & Fulham Council Licensing Sub-Committee
On Wednesday 11th March 2020 at 7 PM the Hammersmith & Fulham Council held a hearing to consider the application 2019/02017/LAPR The Hawks Nest - Arch 190 & Market Yard, Shepherd’s Bush Market, London W12 should be permitted an alcohol license.
The local community had submitted many objections to the application 2019/02017/LAPR. The Shepherd’s Bush Market Tenants’ Association (SBMTA) subsequently submitted a further submission in objection to the application on the 11th March 2020. The SBMTA’s objection reads as follows:
OBJECTION RELATING TO LICENCE APPLICATION REFERENCE - 2019/02017/LAPR The Applicant - Mr. Frazer Timmerman The Location - The Hawks Nest - Arch 190 & Market Yard, Shepherd’s Bush Market, London W12
The Shepherd’s Bush Market Tenants’ Association (SBMTA) represents approximately 90% of the tenancies within Shepherd’s Bush Market.
Our members have expressed alarm at this application and subsequently, we oppose the application 2019/02017/LAPR and implore the licencing committee not to grant this application due to the damaging effect that will arise upon the local community.
Firstly, the London Borough of Hammersmith & Fulham Council took the important step (in the view of local residents and the SBMTA), some years ago to designate the Shepherds Bush Town Centre as a Saturation Zone within its Cumulative Impact Policy, because of the overload of alcohol related premises within the Town Centre, and the impact of the alcohol economy on the key factors. The essence of the Policy indicates that there should be no increase in the numbers of premises serving Alcohol. (i.e. a new outlet should be one that was replacing an existing outlet). It is our view that this policy alone should command the refusal of this licencing application.
Under the market stewardship of Transport for London, the consumption of alcohol was not permitted, and the rules and regulations of Transport for London were enforced by Transport for London Police.
The community of traders has always operated within the Market Opening Hours (as stated in the leases) from Monday to Saturday 6.30 AM to 7 PM. The applicant’s wish to operate outside of these hours will not only compromise the security of the existing businesses but also create an opportunity for vandalism and other anti-social behaviour. Since ownership changed from Transport for London (which previously provided frequent police patrols) to Orion Shepherd’s Bush Market Ltd., the Market Superintendent’s working hours do not exceed 4 PM Monday to Saturday which has meant traders themselves have had to manage incidents of antisocial behaviour; a late-night licensed premise would only further encourage the likelihood of such instances in an already criminally disruptive location – the stabbing incident of Monday 02 March 2020 furthers our concern in this regard.
Furthermore, longer opening hours of the market for the benefit of a single tenancy would unfairly place a significant increase to the service charge expenditure due to the additional requirements of extra security, pest control, cleaners, and other services.
Orion Shepherd’s Bush Market Ltd.’s poor managerial decisions in the past have resulted in major loss to the market businesses: footfall that was previously in the region of 700,000 under the stewardship of Transport for London, has plummeted to the developer’s estimated figure of 300,000. This has brought upset to the foundation of the market and led to the loss of valued traditional retail market businesses. Orion Shepherd’s Bush Market Ltd.’s unhealthy response to this has been to saturate the market with fast-food outlets, which in turn has compromised the longstanding café establishments and has stunted traditional market culture.
The longevity and success of this 106-year-old market is due to the small yet well established retail market businesses; previous licensed establishments in the market have a record of being unsuccessful and short-lived. They have left harmful consequences including, vandalism, theft, the presence of vermin and excessive noise. Additionally, the air pollution coming from external cooking areas has not only proven to be damaging to the existing fashion and fabric related businesses, but to the general health of customers and traders.
Shepherds Bush Market has traditionally been a family destination with a multicultural consumer demographic and the desire for a culture surrounding alcohol consumption is limited.
Fire safety is a matter that must be taken very seriously. The applicant has stated that in the event of a fire, the rear gate of Market Yard entering Shepherds Bush Market shall be used as an emergency exit. The concern is that this is not a viable option - outside of its normal opening hours, Shepherds Bush Market is locked and would, therefore, trap the clientele attempting to escape a fire within the confines of the market. The location itself does not present a safe evacuation route in case of fire after 7 PM, the time of day when the establishment will likely be most populated.
If this application is granted, repercussions that may not fall within the remit of the licencing committee will arise. However, these concerns would still alarm both councillors and the community.
Finally, we are concerned that the Hammersmith & Fulham Council Licensing Committee are unaware of the several letters and their content submitted by the SBMTA in opposition to the applications regarding this tenancy in the past, one of which holds the signatures of ninety established market tenancies.
Yours sincerely,
James Horada
Chair of the SBMTA
On behalf of the SBMTA
The Hammersmith & Fulham Licensing Committee’s Decision:
The Committee has considered the application for a premises licence under the Licensing Act 2003.
In summary, the Hammersmith & Fulham Licensing Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives to grant the licence subject to additional conditions that can be found in the decision letter.
The licence becomes operational with immediate effect. If problems are experienced, then an application for a review of the premises licence can be made.
A copy of this Committee’s full decision including its reasons and the full text of the conditions added to the licence will be sent to the parties in due course.
If any of the parties are unhappy with the decision, they are entitled to appeal to the magistrates’ court within 21 days from the date of notification of the full decision.
For more information go to:
http://democracy.lbhf.gov.uk/ieListDocuments.aspx?CId=179&MId=6922&Ver=4