COLIN ANSELL
Chief Executive
	JAMIE BLAKE
Corporate Director of Environment & Sustainable Transport	
		
	Newham Council - Licensing Team
Grassroots Centre, Memorial Avenue
London E15 3DB

Email: licensing@newham.gov.uk 

Date: 7th December 2022	

Dear Sir/Madam,

Application for a Premises Licence – Licensing Act 2003
Ocean Diva, home berth at Dolphin 1, Fishguard Way, North Woolwich E16 2RG

I refer to your formal representation objecting to the above application for a premises licence. As you are aware, the applicant is seeking a licence for licensable activities including but not limited to live music, recorded music, sales of alcohol and late night refreshment daily from 11am to 2am, and on six days per year to 3am with a closing time 30 minutes later.

The vessel Ocean Diva is a large riverboat purpose-built to host events on board with over 2,625 m2 of event space, capacity for 500 diners and 1,500 for receptions. The operating model is to cruise on the river Thames with its home berth being in Newham. 

The 2003 Act applies to vessels (including ships and boats) as if they were premises. Statutory guidance issued under the Act states that a vessel, which is not permanently moored or berthed, is treated as if it were premises situated in a place where it is usually moored or berthed. The relevant licensing authority for considering an application for a premises licence for a vessel is therefore the licensing authority for the area in which the applicant states it is usually moored or berthed, hence the application to Newham.

Newham has received an unprecedented number of representations. This includes residents along the Thames from a number of boroughs particularly Tower Hamlets and Southwark; Local Authorities representing said residents; and the Metropolitan Police. 

Newham’s Commercial Environmental Health team that deals with noise has made a formal representation with regard to the potential for public nuisance. However, this recognises the impact on operations will be minimal in the borough as although berthed in Newham the operation is intended to take place on the river Thames. We have therefore ensured that the relevant boroughs have been shared the application and supporting documentation in full as they will be best placed to comment on any issues that may present in their own boroughs.

Dates for the Sub-Committee hearing have been set for 22nd and 23rd February 2023 for two days due to the volume of representations and we will write to all parties who have made representations in due course regarding the logistics of the hearing; how you can attend; and speak should you wish to do so. This will be an in person meeting only taking place at East Ham Town Hall where a limited capacity public viewing gallery is available.  

In addition, the hearing will be streamed live on You-Tube on the following link https://www.youtube.com/@LBNewham

Due to the quantity of representations and to ensure the smooth running of the meeting without technical challenges, it will not be practicable to hold a hybrid meeting, therefore we are asking for confirmation as to who wishes to amplify their written representations. Members of the Licensing Sub-Committee will be allocated sufficient time to read all of the representations made in respect of this application prior to the hearing commencing. If you do intend to speak, and to ensure that this hearing is managed to its best effect, it would be appreciated if you could you notify Newham by Friday 6th January 2023 via email at: licensing@newham.gov.uk this is necessary so that hearing can be managed effectively.   

If possible, those who have made representations are asked to designate spokespersons. This could include a representative of a resident’s association to speak on behalf of others if practicable to do so. We are aware that some associations have their own independent legal representation and would ask that, if this is the case, they speak on behalf of all residents. Many of the representations make the same points and concerns regarding the prevention of public nuisance and of crime and disorder. Residents may also find that your Local Authority will be speaking on your behalf and has raised your concerns, we have received representations from the following boroughs:
•	Tower Hamlets
•	Southwark
•	Royal Borough of Greenwich
•	City of London
•	Westminster  

We will ask the Local Authorities to notify us if they are intending to speak at the hearings by notifying us at the same email address. 

As said, all representations made will be read by the members of the Sub-Committee and will be taken into account during the decision making process. There will therefore be no need to repeat what has been documented in your formal representation.

For your information, the scale of this hearing is unprecedented and Newham has not before had to facilitate such a large number of representations. It is essential that the Sub-Committee focuses on the issues that will assist in reaching their decision. We therefore would appreciate your confirmation as to whether you will be speaking or not in good time to ensure that all the parties receive a full and fair hearing, which can be conducted in an open, transparent and accountable manner.

I am aware that a previous planning application was submitted for a pier in the City of London for the vessel that was refused in November 2020. Some media coverage suggests that there is some confusion in the separate regulatory regimes of planning and licensing. The Licensing Act 2003 is a separate legislative process and a permissive regime. This means that licences must be granted if they have been made in accordance with statutory requirements and in the absence of any relevant representations. Hearings are convened where relevant representations have been made and those issues have not been satisfactorily resolved. Licensing applications must all be considered based on whether they promote the four licensing objectives and each application must be considered on its own merits. In this way, the licensing regime differs from the planning regime.

Following the decision of members, a full written decision will be issued as soon as the full reasons have been documented. This is usually in five working days and all parties have the right to an appeal, which will be explained in the decision letter. 

I look forward to hearing from you by Friday 6th January 2023 to confirm if you wish to attend in person to view and/or speak. 

Yours faithfully

Mr Colin Hunt
Senior Licensing Officer