Agenda item

The Borderline, Orange Yard, Manette Street, London, W1D 4AR

16/14083/LIPV

1.

Performance of Live Music – Indoors

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by DHP Family Ltd for a variation of a premises licence in respect of the The Borderline, Orange Yard, Manette Street, London, W1D 4AR.

The Licensing Officer provided an outline of the application to the Sub-Committee.

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

Mr Lucas, representing the applicant, clarified that the proposed amendment to the layout of the premises had already been approved and dealt with by way of a minor variation. As such the amendment described in the report would not form part of the application before the Sub-Committee. Mr Lucas explained that the request to change several of the conditions on the licence had been made as the licence was old and the conditions attached had simply been converted under the Licensing Act 2003 and this provided an opportunity to modernise some of them. It was proposed to delete conditions 10-36 and replace them with those conditions circulated before the hearing. The new conditions were substantially more restrictive and more appropriate for the premises. The other major aspect of the application was to extend the hours for licensable activities on Sunday evenings to 02:00 hours on the following day. It was a well-established premises with a reputation for dancing, music and entertainment. It was a landmark destination and the current hours already permitted for Monday to Saturday were well beyond the core hours policy. On Sundays the premises currently closed at 23:00 and it was proposed to extend this to 02:30. Mr Lucas recognised that concerns had been raised over the application and to help address these the following amendments to the conditions were proposed:

• Removal of off sales from the licence;
• Recorded music was currently unrestricted, new conditions would introduce specific hours when it could be played;
• The hours for licensable activities on a Thursday would be reduced by one hour (including the terminal hour for closing);
• The striptease provision currently on the licence would be removed; and
• The condition requiring food to be available at the premises would be removed as it was an entertainment venue not a dining venue. Currently there was a microwave in use which could provide a basic food offer.

Mr Lucus highlighted how the applicants were very experienced in operating late night venues which provided licensable entertainment late on Sundays in residential areas and Cumulative Impact Areas (CIA).The applicants were aware of the issues in such areas and had experience of what was required in addressing the needs of such areas. As such no issues had arisen in the other venues the applicants operated. The Borderline was on the border of the CIA and only a small number of residential properties were in its vicinity. Since the venue had been in operation there had been no reported issues arising with local residents. There was one entrance to the premises and any customers queuing or standing outside the premises to smoke would be located on Orange Yard which was not a residential area. Taxis picked customers up from outside the venue to help with dispersal and there were extensive public transport links located close by. Therefore dispersal of customers was not an issue Monday to Saturday and wouldn’t be an issue on Sundays. There was no history of customers causing any nuisance when entering the premises, management contact numbers of the premises were available to residents and constructive discussions had been held with the responsible authorities to address any concerns raised. Environmental Health had requested a noise limiter condition be added to the licence but it was felt this was not required as the premises was located in the basement of the property and it was proposed to add model conditions 13 and 14 to the licence ensuring there were no loudspeakers located in the lobby or outside the building and all doors were closed at certain times. It was considered that this would be sufficient to ensure the premises created no noise nuisance. Mr Lucas confirmed that Orange Yard would be the specified location with regards to model conditions 64 and 67 proposed to be attached to the licence.

PC Janes, representing the Metropolitan Police, confirmed that their representation was maintained. The hours sought on a Sunday were beyond the hours specified on the core hours policy, it was located in a CIA and customers leaving the premises at 02:00 hours would have an impact on the local area, particularly on a Sunday when Police resources were reduced. If the Sub-Committee was minded to grant the application it was suggested that a condition be added to the licence specifying a last entry time for entry to the premises on Sundays.

Ms Curtis, representing Environmental Health, confirmed that their representation was maintained. The late hours requested on Sundays had the potential to increase public nuisance and would represent an intensification of use. The application was also seeking to remove the condition requiring substantial refreshment to be available which had the potential to establish it as a drink led premises. Ms Curtis confirmed that no complaints or enforcement action had been taken against the premises and it was agreed the proposed condition to install a noise limiter was no longer appropriate.

Mr Sycamore, representing the Licensing Authority, explained that the application was seeking to allow 300 extra people to remain in a CIA beyond the core hours on a Sunday; this represented a substantial increase in the premises impact on the local area. The Sub-Committee was advised that Section 2.3.3 of the Council’s Licensing Policy did acknowledge that residents could expect additional respite on Sundays. The Sub-Committee was also advised that if the application was granted the licence could, in future, be transferred to another operator who could operate the venue in a completely different, and unknown, manner.

The Sub-Committee was interested to know if the applicant had any evidence the extension in hours would not add to the cumulative impact in the area. Ms Tippins explained that they would be immediately notified of any noise issues arising from customers entering or leaving the premises and would take actions as necessary. They also worked closely with taxi companies to help with the dispersal of customers. Alcohol was not served fifteen minutes before the premises closed and all the staff were fully trained in helping customers leave the premises quietly. People attending events at the Borderline did not do so purely for alcohol but because of the live music or DJ offer available. The recent change to the layout provided more booth seating for customers resulting in a more sedate atmosphere than was operated under the previous owners.

The Sub-Committee carefully considered the different aspects of the application and the evidence submitted by all parties. The Sub-Committee decided to refuse the proposal of the application requesting the extension of hours on a Sunday. The Sub-Committee was of the opinion that Sundays were to be considered different to other days of the week and this was reflected in the Council’s Licensing Policy. The Policy position was clear in stating that an applicant always had to demonstrate that an application in the CIA would not add to cumulative impact and it was considered that the burden was particularly onerous on a Sunday night. The members of the Licensing Sub-Committee did not think that the applicants had demonstrated that the application would not add to cumulative impact, especially as the premises would essentially continue to operate as a late night music and dancing establishment.It was considered that no evidence had been provided that customers leaving the premises would immediately leave the CIA and that meant that there was the potential for an increase in public nuisance and crime and disorder within that area. The fact remained that the sale and consumption of alcohol until the early hours of the morning would be a major concern and that was especially so during the later hours on a Sunday evening and the early hours on Monday morning which were not comparable with a Friday or Saturday night.

Having refused that aspect of the application, the members of the Licensing Sub-Committee decided that it was not appropriate to accept the further concession made by the applicants regarding the reduction in hours on a Thursday night which was clearly made in contemplation of the additional hours being granted on a Sunday night. 

With regards to the second aspect of the application it was agreed to amend the conditions on the licence in order to modernise them and make them more appropriate for the premises. Conditions proposed by the applicant and the responsible authorities were accepted and the Sub-Committee felt this would remove some of the old restrictions on the licence and ensure the licensing objectives were upheld. However, in making those amendments the Licensing Sub-Committee wanted to be sure that permission was not being granted to operate the premises as a late night pub or bar. The sale and consumption of alcohol would still have to be ancillary to the principal use of the premises for music and dancing. Whilst there would not be any requirement for the consumption of alcohol to be ancillary to  a table meal or any food at all, it was nevertheless considered that the premise should ensure the provision of substantial food for those that wanted it. The Sub-Committee therefore agreed to delete condition 10 – 36 on the licence and replace them with the following conditions in order to update the licence accordingly:

• Authorisation in respect of the sale of alcohol for consumption off the premises be removed.
• The addition of Model Condition 44 to the licence.
• The following condition be added to the licence “The sale of alcohol at the premises must be ancillary to the use of the premises for music and dancing.”
• The following condition be added to the licence “On any evening where the premises are open for music, dance or entertainment, alcohol may not be sold or supplied to persons admitted to the premises after 11pm other than to:-

(a) Persons attending a live music event and either i) paid an admission fee or ii) presented a ticket on the door;

(b) Persons who have paid a minimum annual admission fee of at least £150 payable in advance (not to be credited against consumables). A list of all persons who have paid an annual admission fee will be held for inspection by the relevant authority or

(c) Any person attending a private function at the premises, details of the type of function and host having been provided to Police at least 24 hours previously; or

(d) Artistes or person employed on the premises; or

(e) Bona fide guests of the proprietor to a maximum of 30 persons, a list of whom shall be kept at reception for inspection by appropriate authorities.

• The following condition be retained on the licence “If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence (or the holder of the club premises certificate):-

(a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,

(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and

(c) to take all other reasonable precautions for the safety of the children.”

• The following condition be retained on the licence “The number of persons accommodated at any one time (excluding staff) shall not exceed 300 in the basement.”
• The following modified condition be added to the licence (essentially model condition 49) “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.  It must be completed within 24 hours of the incident and will record the following:-

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received regarding crime disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.”

• The addition of Model Condition 83 to the licence (extending the hours on New Year’s Eve).
• The addition of Model Condition 84 to the licence (extending the hours for British summer time).
• The following condition be added to the licence “There will be no entry or re-entry permitted to the premises after 03:00 hours except for customers permitted to temporarily leave the premises to smoke.”
• The addition of Model Condition 01 to the licence.
• The addition of Model Condition 02 to the licence.
• The addition of Model Condition 12 to the licence.
• The addition of Model Condition 13 to the licence.
• Model Condition 14 be added to the licence to read “All external doors shall be kept closed after 22:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.”
• The addition of Model Condition 21 to the licence.
• The addition of Model Condition 22 to the licence.
• The addition of Model Condition 23 to the licence.
• The addition of Model Condition 24 to the licence.
• The addition of Model Condition 25 to the licence.
• The addition of Model Condition 26 to the licence.

·         Model Condition 35 be added to the licence to read “No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.”

• The addition of Model Condition 41 to the licence so as to also require the provision of substantial food should it be required by customers.
• The addition of Model Condition 42 to the licence.
• The addition of Model Condition 45 to the licence.
• The addition of Model Condition 47 to the licence.
• The addition of Model Condition 51 to the licence.
• The addition of Model Condition 52 to the licence.
• The addition of Model Condition 57 to the licence.
• The addition of Model Condition 60 to the licence.
• Model Condition 64 be added to the licence to read “Queuing outside the premises shall be restricted to a designated area located at Orange Yard.”
• Model Condition 65 be added to the licence to read “No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.”
• Model Condition 67 be added to the licence to read “Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area defined as Orange Yard.”
• The addition of Model Condition 68 to the licence.
• A modified version of Model Condition 71 be added to the licence to read “The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.”
• The addition of Model Condition 26 to the licence (to control any queue that might form outside the premises).
• The addition of Model Condition 72 to the licence.
• The addition of Model Condition 73 to the licence.
• The addition of Model Condition 74 to the licence.
• The addition of Model Condition 75 to the licence.
• The addition of Model Condition 76 to the licence.
• The addition of Model Condition 77 to the licence.
• The addition of Model Condition 78 to the licence.
• The addition of Model Condition 79 to the licence.
• The addition of Model Condition 80 to the licence.
• The following condition be added to the licence “On the occasions when a live music event takes place at the premises prior to 23:00 hours, a minimum of 2 Security Industry Authority registered door supervisors shall be on duty at the premises until the end of the event.”
• The following condition be added to the licence “A minimum of 3 Security Industry Authority registered door supervisors shall be on duty when the premises are open to the public after 23:00 hours until close.”
• The following condition be added to the licence “

a) All drinking vessels used in the venue shall be polycarbonate.  All drinks in glass bottles are to be decanted into polycarbonate containers or polycarbonate carafes prior to being served, with the exception of champagne or bottles of spirits with a minimum size of 70cl supplied by waiter/waitress service to tables. Staff shall clear all empty champagne and spirit bottles promptly from the tables.  Customers shall not be permitted to leave their table carrying any such glass bottles or drink directly from the bottle.

b) Notwithstanding a) above, with the written agreement of the Westminster Licensing Police, a copy of which will be held at the premises reception, glass drinking vessels may be used for private or pre-booked events.

2.

Recorded Music – Indoors

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.

3.

Performance of Dance - Indoors

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.

4.

Anything of a Similar Description – Indoors

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.

5.

Late Night Refreshment – Indoors

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.

6.

Sale of Retail by Alcohol – On and Off Sales

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.

7.

Hours Premises are Open to the Public

Seasonal Variations/Non-Standard Timings:

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.

Layout Alteration

To amend the layout of the premises as shown on the plan ref: 110 rev B.

The changes include relocation of the bar server. Additional toilet provisions and amendments to the raised stage area.

Amendments to application advised at hearing:

The Sub-Committee was advised that the proposed change to the layout of the premises had already been agreed under a minor variation.

Decision (including reasons if different from those set out in report):

This part of the application did not have to be considered by the Licensing Sub-Committee as it had already been granted by way of a minor variation.

8.

Conditions Being Varied, Added or Removed

To remove conditions 10 to 36 inclusive.

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The application was part granted,the reason for the decision is detailed in section 1.