Agenda item
Blanca, Ground Floor Front, 37 Duke Street
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
Marylebone High Street Ward / not in a cumulative impact area |
Blanca, Ground Floor Front, 37 Duke Street |
Variation |
17/08201/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 5
Thursday 26th October 2017
Membership: Councillor Peter Freeman (Chairman) and Councillor Jan Prendergast.
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Toby Howes
Presenting Officer: Yolanda Wade
Relevant Representations: The Licensing Authority, Environmental Heath, Metropolitan Police and 1 local resident.
Present: Mr Craig Baylis (Solicitor, representing the Applicant Company), Mr Wahid Mekhail (Applicant Company), Mr Anil Drayan (Environmental Health and also speaking on behalf of the Licensing Authority) and PC Bryan Lewis (Metropolitan Police).
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Blanca, Ground Floor Front and Basement, 37 Duke Street, W1U 1LN 17/08201/LIPV
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1. |
Sale by retail of alcohol: On and Off Sales |
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Amendments to application advised at hearing: |
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Commencement of sale of alcohol to be 23:00 Monday to Sunday, along with all other permitted licensable activities.
Monday to Saturday: 23:00 to 06:00 on the following day Sunday: 23:00 to 03:00 on the following day
No changes would be made to the unrestricted hours for recorded music and private entertainment as the applicant did not propose a terminal hour for those activities. [PB1]
The applicant also indicated that it was prepared to reduce the opening time of the premises from 09.00 to 22:00 on Monday to Sunday.
The amended opening times for the premises would therefore be:
Monday to Saturday: 22:00 to 06:00 on the following day Sunday: 22:00 to 03:00 on the following day |
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Decision (including reasons if different from those set out in report): |
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Mr Craig Baylis (Solicitor, representing the Applicant Company) began by stating that the intention of the application was not to change what the premises offered, but to re-format the way things were done. The premises was a nightclub that had a small, young, gay clientele who tended not to arrive until later hours. The premises was permitted licensable activities up until 06:00 on the day following Monday to Saturday and to 03:00 on the day following Sunday, apart from the sale of alcohol which was only permitted up until 03:00 on the day following Monday to Saturday and 00:30 on the day following Sunday. This had the effect of customers bulk buying alcohol just before the closure of sales that could encourage potential binge drinking and customers were permitted to consume alcohol up until closing time. Mr Baylis stated that therefore the application to extend the hours for sale of alcohol was intended to spread the sale of alcohol throughout the opening times, thus preventing bulk buying and potential binge drinking. Mr Baylis felt that the proposed restaurant model condition would address the licensing objectives in respect of sale of alcohol beyond 03:00. He stated that it should also be taken into account that the premises had a light recent complaints history. Mr Baylis concluded his initial submission by confirming that if the Sub-Committee was minded to grant the application, the Applicant Company had indicated that they would be satisfied with a condition restricting the commencement of all permitted licensable activities from 23:00 Monday to Sunday.
Mr Anil Drayan (Environmental Health and also speaking on behalf of the Licensing Authority) then addressed the Sub-Committee and he confirmed that Environmental Health had no particular concerns regarding noise break out from the premises and public safety. He acknowledged that the proposed hours for sale of alcohol were well beyond core hours, however he welcomed a commencement hour of 23:00 for licensable activities as proposed by Mr Baylis on behalf of the Applicant Company at the hearing. Mr Drayan confirmed that Environmental Health had agreed all conditions with the Applicant Company.
Mr Drayan then spoke on behalf of the Licensing Authority who requested that the Sub-Committee take into account policy MD1 of the Council’s Statement of Licensing Policy regarding premises that have facilities for music and dancing and other policies associated with crime and disorder and public nuisance when considering this application. In addition, the Licensing Authority asked the Sub-Committee to note that policy HRS1 recognised that licensable activities at later hours increased the risk of the licensing objectives being undermined.
PC Bryan Lewis (Metropolitan Police) addressed the Sub-Committee and stated that he was familiar with the premises which had operated over a number of years. In respect of crime and disorder, there had been very few incidents in the last 12 months and this represented a considerable improvement to previous years. PC Lewis felt that as most customers did not arrive at the premises until later hours, the hours the premises operated to and the extension of hours for the sale of alcohol was not of particular concern to him.
Members sought further confirmation from PC Lewis that he had no concerns about the application and in his view would the additional 3 hours sought for sale of alcohol exacerbate any problems being experienced in the area.
In reply, PC Lewis confirmed that he had no particular concerns about the premises and it was already trading at later hours without problems. He felt that the proposed restaurant model condition after 03:00 would reduce the risk of any problems in respect of selling alcohol after this time and he was confident that the Applicant Company would effectively monitor alcohol consumption of its customers.
With the approval of the Chairman, Mr Baylis circulated the premises menu to the Sub-Committee and responsible authorities present.
Members asked if most of the customers were UK nationals. Mr Chris Wroe (Policy Adviser) sought further details with regard to the condition proposing a club membership scheme, including at what time would the club membership take effect after submission of application and he commented that under the existing membership scheme, customers did not have to be members to enter the premises. Mr Barry Panto (Legal Adviser) sought clarification of the wording in respect of proposed condition 37. In view of the fact that the Applicant Company would be content for all permitted licensable activities to commence at 23:00 as offered by Mr Baylis on behalf of the Applicant Company during the course of the hearing, Mr Panto also sought clarification as to the Applicant Company’s proposed opening times.
In reply, Mr Baylis stated that the customer base was approximately 50% UK nationals / 50% non UK nationals. He advised that there was already a membership scheme in place which included membership rules, albeit that they were not referred to in the licence itself. He indicated on behalf of the Applicant Company that they would be satisfied in applying a 48 hour rule between applying for membership and in becoming a member. Mr Baylis advised that the Applicant Company was requesting that condition 37 begin with the wording “On Monday to Thursday, the last entry to the premises will be 2.45am…”. Mr Baylis confirmed on behalf of the Applicant Company that an opening time of 22:00 Monday to Sunday would be acceptable.
In reply to a query from Mr Wroe, Mr Baylis confirmed on behalf of the Applicant Company that the correct address for the premises, was ‘Ground Floor Front and Basement, 37 Duke Street, W1’.
The Sub-Committee noted the written representation from 1 local resident who was not present at the hearing.
The Sub-Committee granted the application, subject to an amended opening hour of 22:00 and commencement of all permitted licensable activities at 23:00 accordingly, as offered by Mr Baylis on behalf of the Applicant Company at the hearing. The Sub-Committee also amended and deleted a number of conditions to ensure their relevance and appropriateness. In determining the application, the Sub-Committee noted that there was only 1 resident objection, whilst both Environmental Health and the Metropolitan Police had indicated that they had no particular concerns about the application. Furthermore, apart from some isolated issues identified during a visit to the premises on 13th October 2017, there had been no recent problems associated with the premises and the Applicant Company had agreed conditions with Environmental Health. In respect of alcohol being sold after 03:00, the Sub-Committee noted that this would be subject to the restaurant model condition and this would assist the licensing objectives being met. The Sub-Committee also noted that the premises was not located in a cumulative impact area.
The Sub-Committee did not impose any further conditions regarding the club membership scheme on the basis that club membership was not something that the Sub-Committee felt would make that much difference as to how the premises was actually operated so as to ensure compliance with the licensing objectives. Ideally, the Sub-Committee would expect any genuine club to operate on the basis that there should be an interval of at least 48 hours between the nomination or application for membership and admission to the club but it was not going to impose that as a condition on the licence.
The Sub-Committee therefore considered that there were insufficient reasons to refuse the application, whilst the conditions added to the premises licence and the amended later hours for opening of the premises and commencement of licensable activities would help the Applicant Company to uphold the promotion of the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm). |
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2. |
Conditions proposed to be added |
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(a) Alcohol may only be sold for consumption by members of the private club and their bona fide guests (not exceeding (4) guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without their lD being verified.
(b) Between 03.00 and 06.00 the premises shall only operate as a restaurant.
(i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, (iv) which do not provide any take away service of food or drink for immediate consumption, (iv) which do not provide any take away service of food or drink after 23.00, and (v) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
(c) The licensee shall provide induction and refresher training in relation to the Licensing Act 2003 and the associated requirements and responsibilities which arise under it together with the premises' specific policies and procedures to persons employed by the premises where such training is relevant to the persons role. The training shall be delivered at least every 6 months and by a person who holds a personal licence or other equivalent accredited qualification. When members of staff have received training in relation to the selling of alcohol and company policy, a record of the training and a sample copy of the training pack/document shall be attached to staff records, which shall be available for inspection by authorised licensing or police officer on reasonable request.
(d) A Queuing and Dispersal Policy shall be operated by the venue. Such policy shall be adhered to at all times the premises are operating under the premises licence, accepting that the policy may have different requirements for different periods of the day and different uses of the premises. This policy should also contain a staggered dispersal strategy in order to minimise the potential for disruption and anti-social behaviour within the surrounding area.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report):
Granted, subject to conditions as set out below (see reasons for decision in Section 1).
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3. |
Condition proposed to be varied
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to the condition being amended to read “On the mornings following Sunday to Wednesday, the last entry to the premises will be 2.45am”. All references to the closing hours were removed from the condition so as to avoid any confusion as the closing hours were set out at the front of the licence. Reasons for the overall decision are set out in Section 1.
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Conditions attached to the Licence |
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Mandatory Conditions
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 licence 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 licence 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. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
Additional Conditions
10. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.
11. On New Year’s Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year’s Eve to the time when regulated entertainment can commence on New Year’s Day (or until midnight on New Year’s Eve where no regulated entertainment takes place on New Year’s Day).
12. Notwithstanding the provisions of Rule of Management No. 6 the premises may remain open for the purposes of this licence from 11pm on each of the days Monday to Saturday to 6am on the day following and from 11pm on Sunday to 3am on the day following.
13. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 90 persons.
14. 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.
15. There[PB2] 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.
15. With the exception of the bar area, the area hatched on the deposited plan shall be permanently laid out to tables and chairs to a minimum capacity of 90 covers.
16. (a) Subject to the following paragraphs, the permitted hours for the sale of alcohol [PB3] shall commence at 23:00 Mondays to Saturdays and extend until 06.00 on the morning following except that:
(i). the permitted hours shall end at 00.00 midnight on any day on which music and dancing is not provided after midnight; and
(ii). On any day that music and dancing end between 00.00 midnight and 06.00, the permitted hours shall end when the music and dancing end
(b) The permitted hours on Sundays shall commence at 23.00 and extend until 03:00 on the morning following, except that-
(i). the permitted hours shall end at 00.00 midnight on any Sunday on which music and dancing is not provided after midnight;
(ii) Where music and dancing end between 00.00 midnight on any Sunday and 03:00, the permitted hours [PB4] shall end when the music and dancing end
(c) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
(d) The permitted hours on New Year’s Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00.00 on New Year’s Eve.
NOTE – The above restrictions do not prohibit:
( [PB5] (b) of the the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises; (c) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered; (d) the sale of alcohol to a trader or registered club for the purposes of the trade or club; (e) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty’s naval, military or air forces; (f) the taking of alcohol from the premises by a person residing there; (g) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; (h) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
16. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence. (b) He resides in the premises, but is not employed there. (c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress. (d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
17. 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 this premises licence / 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) the to take all other reasonable precautions for the safety of the children.
18. The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day.
19. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the 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. Allrecordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
20. 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. 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.
21. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
22. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
23. 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)the 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.
24. All management at the premises shall undergo crime scene management training given by Westminster City Council. All SIA staff shall be given training from management on current licensing issues twice yearly including input of premises licence conditions.
25. All staff training records will be properly maintained by way of a log or record and will be available for inspection on request of Police or other responsible authority. These records will include dates of first aid/crime scene/licensing training and an outline of roles and responsibilities of each staff member working at the premises during licensable hours Including SIA staff.
26. 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.
27. The premises licence holder shall ensure that any patrons queuing/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.
28. A minimum of three (3) SIA licensed door supervisors shall be on duty when the premises are open on Sunday to Wednesday.
29. A minimum of four (4) SIA licensed door supervisors shall be on duty when the premises are open on Thursday, Friday & Saturday.
30. At least (2) SIA licensed door supervisors shall be on duty at the entrance of the premises at all times whilst it is open for business.
31. On the mornings following Sunday to Wednesday, the last entry to the premises will be 2.45am.
32. On the mornings following Thursday, Friday and Saturday there shall be no admittance or re-admittance to the premises after 04:30am, save for those persons leaving the premises temporarily to smoke.
33. All door supervisors engaged outside the entrance to the premises and ground floor reception area, or supervising or controlling queues, shall wear high visibility yellow jackets or tabards.
34. In the event that a serious assault is committed on or immediately outside the premises (or appears to have been committed) to the managements knowledge, the management will immediately ensure that:
(a) The police (and where appropriate, the London Ambulance service) are called without delay, using telephone number 999; (b) All measures that are reasonable practicable are taken to apprehend any suspects pending the arrival of the Police; (c) As far as is reasonably practicable, the crime scene is preserved so as 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.
35. No taxi drivers, minicab drivers or chauffeurs shall be permitted to enter the premises at any time.
36. All SIA door supervisors working at the premises will be employed by an external independent SIA contractor.
37. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
38. Doorstaff shall remind patrons leaving the premises of the residential nature of the area and to keep noise to a minimum.
39. (a) All customers entering the premises will have their ID scanned on entry. The details recorded by the ID scanner system. The ID scanner system shall be made available to Police or Licensing Authority upon request; with the exception of the following: A maximum of 10 guests per night who may be admitted at Manager’s discretion if their details are recorded through the ID scanner system. A legible record of these people’s names shall be retained on the premises for inspection by the Licensing Authority and Police for 31 days.
(b) Notwithstanding paragraph (a) above, bona fide members of the (i) a list of the names and current addresses of members of the club shall be kept on the premises at all times. The list shall be produced on demand for the inspection of Police or the Licensing Authority. (ii) Members will show their ID upon being granted membership and this will be recorded and checked on an annual basis with a current portrait photo of the member attached. (iii) Members will sign in on each visit to the premises and there will be a legible log showing all members attending on any day the premises is open. (iv) All records are to be comprehensive and clearly legible.
(c) Notwithstanding paragraph (a) above each member will be allowed up to 2 guests who will not be required to have their ID scanned on entry subject to the following: (i) The guest must be previously known to the member and the member shall be present on the premises. (ii) Members will sign in each guest at the time of the visit to the premises and must remain on the premises while the guest remains. The guest must present legitimate ID before being signed in. (iii) There will be a legible log showing all members’ guests attending on any day, the premises is open. (iv) The log will show the full names of the members and guests and shall be retained on the premises for inspection by the Licensing Authority and Police for 31 days.
(d) Club rules to be established and maintained and each such rule should be available at the premises for inspection by the Licensing Authority and Police.
(e) (i) Clubscan and the current records contained will be used as the current membership file (ii) Any new members will have their details entered on the Clubscan equipment for future reference.
40. Alcohol may only be sold for consumption by members of the private club and their bona fide guests (not exceeding (4) guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without their ID being verified.
41. Between 03.00 and 06.00 the premises shall only operate as a restaurant, (i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, (iv) which do not provide any take away service of food or drink for immediate consumption, (v) which do not provide any take away service of food or drink after 23.00, and (vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
42. The licensee shall provide induction and refresher training in relation to the Licensing Act 2003 and the associated requirements and responsibilities which arise under it together with the premises’ specific policies and procedures to persons employed by the premises where such training is relevant to the persons role. The training shall be delivered at least every 6 months and by a person who holds a personal licence or other equivalent accredited qualification. When members of staff have received training in relation to the selling of alcohol and company policy, a record of the training and a sample copy of the training pack/document shall be attached to staff records, which shall be available for inspection by authorised licensing or police officer on reasonable request.
43. A Queuing and Dispersal Policy shall be operated by the venue. Such policy shall be adhered to at all times the premises are operating under the premises licence, accepting that the policy may have different requirements for different periods of the day and different uses of the premises.
This policy should also contain a staggered dispersal strategy in order to minimise the potential for disruption and anti-social behaviour within the surrounding area.
44. 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 nuisance.
45. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
46. There shall be no sales of alcohol for consumption off the premises after 03:00 hours.
47. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
48. After 23:00 hours, patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.
49. 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.
50. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
51. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
52. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
53. 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.
54. 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.
55. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
56. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
57. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
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[PB1]As the application did not involve any changes to the other licensable activities we do not have a box for them. I have therefore inserted the changes made as a result of Craig offering to reduce the commencement hour for those activities in this box. Nothing has to change for Late Night Refreshment. I have also noted that there will be no changes to the hours for recorded music and private entertainment. Although Craig offered a later commencement hour for all activities he did that without noting that these activities were set for 24 hours a day. We do not therefore have any terminal hour for them and we cannot impose one ourselves.
[PB2]It was agreed to insert MC44. You will need to renumber after this.
[PB3]I note your suggested amendment BUT this condition does only apply to the sale of alcohol. It is a carry-over from previous legislation that only regulated the sale of alcohol.
[PB4]Amended to make it more user friendly and avoid confusion about the hours ending on a Monday.
[PB5]You correctly identified that the original paragraph (a) was no longer applicable but this paragraph also needs to be removed for the same reason.
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