Agenda item
The Arts Theatre, Unicorn Arts Theatre, 6-7 Great Newport Street, WC2
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
St James’s Ward / West End Cumulative Impact Area |
The Arts Theatre, Unicorn Arts Theatre, 6-7 Great Newport Street, WC2 |
Variation of premises licence |
17/00789/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 16th March 2017
Membership: Councillor Peter Freeman (Chairman), Councillor Louise Hyams and Councillor Murad Gassanly.
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Andrew Palmer
Presenting Officer: Sumeet Anand-Patel
Relevant Representations: The Metropolitan Police.
Present: Mr Louis Hartshorn (Representing the Applicant) and PC Michael Day (Metropolitan Police).
Declaration:Councillor Louise Hyams declared an interest in this application in her capacity as a Member for St. James’ Ward. She stood down from the Sub-Committee during consideration of the application, and took no part in the discussion or decision.
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The Arts Theatre, Unicorn Arts Theatre, 6-7 Great Newport Street, WC2H 7JB 17/00789/LIPV
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1. |
Current and proposed licensable activities, areas and hours |
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· Exhibition of Films · Performance of Live Music · Performance of Dance · Playing of Recorded Music · Performance of a Play · Anything of a similar description to Live Music; Recorded Music or Performance of Dance · Late Night Refreshment · Sale by Retail of Alcohol
Basement and Ground Floor No Change
First Floor No Change, apart from an increase in the terminal hour for the performance of live music from 23.00 (Monday to Saturday) and 22.30 (Sunday) to midnight (Monday to Sunday).
· Hours premises are open to the public
Whole premises No Change
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Layout alteration |
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The applicant has applied to remove the seating in rows to allow for cabaret style seating with tables on the first floor of the premises.
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Conditions being varied, added or removed |
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Adult entertainment: Not applicable.
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Amendments to application advised at hearing: |
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Suggested conditions agreed with the police prior to the hearing:
1. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police, which will record the following:
(a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service
2. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
3. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
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(b) |
Decision (including reasons if different from those set out in report): |
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The Sub-Committee heard from Mr Hartshorn, representing the Applicant. Mr Hartshorn presented the application for the variation of an existing Premises Licence, which sought to change the use of the first floor only. In that regard, the application also sought to amend a number of conditions to enable the provision of cabaret style seating with tables; the ability to serve drinks in glass rather than plastic; and the extension of hours for Live Music from 23:00 hours until 00:00 Monday to Sunday. The Applicant did not wish to change the nature of the programmed ticketed entertainment, which had been in operation for a number of years, but wished to add variety shows, small cabarets and non-amplified music. Mr Hartshorn confirmed that the premises would continue to operate on a member-led basis, with members of the public being able to buy tickets for additional performances on Saturdays and Sundays. Membership would need to be proved upon entry to the premises, with members being able to sign in up to three guests.
The Sub-Committee also heard from the Police, who had agreed a number of conditions with the Applicant, but maintained their representations on the issue of policy as the premises were located within a Cumulative Impact Area. The Police noted that entrance to the first floor of the premises would be ticket-only through a single secure, locked door, and that the duty managers would be trained to an SIA standard. The Police also noted that the Applicant did not have the flexibility to provide additional table staff, and sought guidance on the provision of a waiter/waitress service to ensure that alcohol was consumed by customers seated at tables to avoid vertical drinking.
The Sub-Committee carefully considered the application, and were satisfied that in view of the unique nature of the proposal and the use to which the premises were to be put, the variation would not impact on the Cumulative Impact Area. The Sub-Committee therefore granted the application subject to additional conditions the purpose of which was to ensure that the first floor did not become a vertical drinking establishment and that the sale and consumption of alcohol would always be ancillary to the operation of the premises as a theatre. In those circumstances it was decided that there was no need for the supply of alcohol on the first floor to be by means of waiter or waitress service. |
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Conditions attached to the Licence |
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1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises license holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises license must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy. (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either— (a) a holographic mark, or (b) an ultraviolet feature.
7. The responsible person must ensure that— (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures— (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above -
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula -
P = D+(DxV)
Where -
(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax. (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
Conditions applicable to the First Floor:
10. The maximum number of persons accommodated on the first floor at any one time (excluding staff) shall not exceed 60 persons.
11. At any time when a theatrical performance is taking place, the sale, supply and consumption of alcohol on the first floor shall only be to persons attending the premises that have purchased a ticket for theatrical productions or comedy nights on that night only, and the provision and consumption of such alcohol shall be ancillary to the premises' primary use as a theatre.
12. All windows to the first floor shall be kept closed when regulated entertainment or a theatrical performance is taking place.
13 At any time when a theatrical performance is not taking place on the first floor, a video door entry system requiring membership to be checked before entry shall be operated.
14. Live music on the first floor shall be restricted to non-amplified music.
15 The first floor shall not be permitted to operate as a vertical drinking establishment, and seating shall be provided to all customers using the first floor.
Conditions applicable to the entire premises and attached after a hearing by the licensing authority
16 With the exception of residents and their bona fide guests, no alcohol shall be consumed more than 30 minutes after the permitted terminal hour for the supply of alcohol.
17. Licensable activities are only permitted under this licence as long as the premises operate as a theatre.
18. At any time when a theatrical performance is taking place at the premises, the sale and supply of alcohol shall only be to persons attending the premises that have purchased a ticket for theatrical productions or comedy nights and such alcohol shall be ancillary to the premises' primary use as a theatre.
19. At any time when a theatrical performance is not taking place at the premises alcohol may only be served to bona fide members (and their guests limited to 3) of the theatre club who will only gain admission on production of a membership card.
Membership to the theatre club can only be granted to applicants at least 24 hours prior to seeking admission.
The theatre club's activities are to be complementary and ancillary to the operation of the premises as a theatre.
The theatre is to maintain an up to date membership list of members of the theatre club. The membership list is to be made available to a Police or authorised officer on demand.
20. A personal licence holder shall be on duty at the premises at all times when licensable activities are taking place.
21. A proof of age scheme, such as Challenge 25, shall be operated at the premises. The only acceptable forms of identification are recognised forms of photographic identification cards, such as a driving licence or passport.
22. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
23. Any consumption of alcohol within the main auditorium situated on the basement and ground floors must be in plastic or paper containers only.
24. No drinks shall be permitted to be taken outside the premises.
25. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewings of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
26. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
27. The number of persons accommodated at any one time (excluding staff) shall not exceed the following:
Stalls -229 Circle - 122 Basement Bar - 100 Ground Floor Bar - 60
With a maximum capacity at any one time of: Basement Floor - 229 Ground Floor - 122.
28. The operators of the business and/or the licensees shall ensure that any capacity limits set for the premises is properly monitored at all times. Information regarding the capacity shall be given to an authorised officer or Police Officer on request.
29. A minimum of 7 working days’ notice shall be given to the Environmental Health Consultation Team when there is a change to the theatrical production.
30. On an open stage and elsewhere in the premises any permanently installed scenery should normally be made from the following:
- Non-combustible material; or - Inherently flame-retarded fabric; or - Durably-treated flame retarded fabric; or - Timber, hardboard or plywood treated by a process of impregnation which meets Class 1 (BS 476-7) or Class-s3.d2 (BS EN 13501-1) surface spread flame; or - Timber framing of minimum 22mm nominal thickness; or - Medium-density fibreboard (MDF), plywood, chipboard not less than 18mm in thickness; or - Plastics material subject to special consideration by appropriate Responsible Authority, being the Fire Authority; or - Other materials acceptable to the appropriate Responsible Authority, being the Fire Authority.
31. All materials used in finishing and furnishing the premises should, as far as is reasonably practicable, be selected so as to be difficult to ignite and provide a low surface spread of flame and low rates of heat release and smoke emission.
32. All fabrics, curtains, drapes and similar features should 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, should be non-combustible.
33. The final exit gate to the street from the basement emergency exit shall be fastened in the open position when members of the public are on the premises.
34. No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.
35. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
36. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
37. 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.
38. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
39. All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.
40. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
41. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
42. The certificates listed below shall be submitted to the Licensing Authority upon written request.
- Any emergency lighting battery or system - Any electrical installation - Any emergency warning system - Ceiling
43. Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used when 7 days prior notice is given to the Licensing Authority and written consent is provided from the EH Consultation Team:
- dry ice and cryogenic fog - smoke machines and fog generators - pyrotechnics including fire works - firearms - lasers - explosives and highly flammable substances. - real flame. - strobe lighting.
44. No regulated entertainment shall be provided in the ground floor bar.
45. Provisions of facilities for dancing shall be restricted to the stage in the auditorium for performers only.
46. The provision of films shall be restricted to the auditorium in connection with a theatrical performance.
47. The provision of live music shall be restricted to the auditorium and basement bar only in connection with a theatrical performance including musicals. A minimum of 7 days written notice shall be given to the Police and Environmental Health Consultation Team for any other performance of live music within these areas. Written consent will then follow if agreed by the Police and Environmental Health.
48. Loudspeakers shall not be located near the entrance area.
49. All entrance doors shall be kept closed, when regulated entertainment is taking place and in any event after 2100 hours, except for immediate access and egress of persons.
50. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
51. Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.
52. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).
53. The operators of the business and/or the licensees shall exercise all due diligence so as to prevent the formation of queues outside the premises causing a nuisance.
54. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
55. No refuse, including bottles, shall be moved, removed or transferred to or in outside areas between 23:00 hours and 08:00 hours.
56. The premises shall have a comprehensive dispersal policy in action.
57. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police, which will record the following:
(a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service
58. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises are open.
59. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
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Supporting documents:
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