App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
1. |
Regent’s Park Ward / not in Cumulative Impact Area |
London Zoo, Outer Circle, Regents Park, London, NW1 4RY |
Premises Licence Variation |
18/05443/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 2nd August 2018
Membership: Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum
Legal Adviser: Barry Panto
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, Councillor Pat Callaghan (Camden London Borough Council), Freehold Company of Ormonde Terrace, Twenty Three Prince Albert Road (Management) Ltd and two local residents
Present: Mr Simon Lee, Mr Rich Storton, Ms Kathryn England and Ms Victoria Sage (Representing the Applicant Company); Mr Anthony Findlay and Mr Jonathan Marks (Representing Raymond Gubbay), Mrs Sally Fabbricatore (Environmental Health) and Ms Clare Eames (Solicitor, representing Twenty Three Prince Albert Road Management Ltd).
Conditions attached to the Licence |
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 subparagraph 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 Attached After a Hearing by the Licensing Authority
10. All staff will be provided with training in relation to the licensing objectives that are commensurate with their duties. This will include the individual's responsibilities, age verification and licensing offences, as appropriate. Details of the training will be recorded in a personnel file or log book and will be refreshed at regular intervals.
11. No licensable activities shall be undertaken on the Outer Circle under the terms of this licence.
12. The primary use of the premises shall be a Zoological Park and any licensable activity shall be incidental to this use.
13. 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. All recordings 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 entire 31-day period.
14. 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 are 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.
15. An incident log shall be kept at the premises and made available on request to an authorised officer of the 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 identified in the CCTV system (g) any refusal of the sale of alcohol.
16. After 18.00 hours at least one Personal Licence Holder shall be present during the whole time alcohol is sold.
17. After 18.00 hours all licensable activities shall only be provided to members of the Zoological Society of London or for pre-booked functions only.
18. After 22.00 hours all licensable activities in the outdoor areas shall cease, including the consumption of alcohol, except in the following buildings: Regent Building (1st Floor [Prince Albert], Mezzanine and Roof Terrace, Ground Floor), Mappin Café (Ground Floor) , Nuffield Building (Ground Floor and Mezzanine) and Education Centre (Ground Floor) and their associated terraces.
19. No alcohol purchased on site shall be removed from site, with the exception of alcoholic gifts in a sealed container for consumption off site.
20. There shall be no self-service of alcohol except in the restaurant of the Regent Building.
21. No noise generated from the provision of licensable activities on the premises, or by 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.
22. Licensable activities and the consumption of alcohol are permitted in the outdoor areas and those buildings listed below. o Regent Building 1st floor (Prince Albert) - 300 o Regent Building Mezzanine and roof terrace - 300 o Regent Building ground floor - 500 o Mappin Café ground floor - 200 o Bugs Building (includes ground and lower ground) - 350 o Blackburn Pavilion ground floor - 150 o Reptile House ground floor (includes Kiosk) - 300 o Aquarium ground floor - 500 o Clore Building ground floor - 80 o Nuffield Building ground floor and mezzanine - 300 o Education Centre ground floor - 200
23. Emergency and primary lighting shall be provided throughout the means of escape routes in the absence of adequate daylight.
24. All parts of the licensed area intended to be used in the absence of adequate daylight and all essential safety signage shall be suitably illuminated.
25. 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.
26. 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.
27. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
28. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall 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, shall be non-combustible.
29. Any special effects or mechanical installations used for a licensable activity 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 upon 10 days prior written notice being given to the Licensing Authority and clearance by the London Fire and Emergency Planning authority and the Environmental Health Consultation Team, Westminster City Council: a. Dry ice and cryogenic fog b. Smoke machines and fog generators c. Pyrotechnics including fireworks d. Firearms e. lasers f. explosives and highly flammable substances g. Real flame h. Strobe lighting.
30. Sufficient staff shall be engaged to ensure that the public can be evacuated from any building being used for a licensable activity in the case of an emergency.
31. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
32. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
33. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
34. Emergency exits and entrances to the event area must be kept clear at all times and must be provided with clearly visible signage.
35. Flashing or particularly bright lights used in conjunction with a licensable activity on or outside the premises or used in events shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime or public safety).
36. The certificates listed below shall be submitted to the Licensing Authority upon written request: a. Any emergency lighting battery or system b. Any electrical installation c. Any emergency warning system
37. All staff engaged in supervising or controlling queues outside the entrance to the licensed premises shall wear high visibility jackets or vest.
38. 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.
39. Unless the premises are operating under the benefit of a Sexual Entertainment Venue licence there shall be no striptease, no nudity and all persons to be decently attired at all times.
40. Unless otherwise agreed in writing with the Licensing Authority, and except at private or pre-booked events or intended as a gift for another person, the sale of alcohol in glassware shall be limited to the Regent Building and this shall not be taken outside of this building. All alcoholic drinks in all other areas shall be served in vessels or containers of polycarbonate or other shatterproof material.
41. All doors and windows of buildings shall be kept closed after 22.00 hours when used for a licensable activity, except for immediate access and egress.
42. The current Event Management Plan for the premises shall be made available to the Police and an authorised Council Officer on request.
43. After 18:00 hours the provision of licensable activities at outside events attended by more than 1,000 persons shall be limited as detailed below:
a) No more than 10 events per calendar year to take place with a maximum capacity of 5,000 persons excluding staff at any one time. Such events shall have a terminal hour of 10pm for licensable activities and customer dispersal shall have concluded by 11:00pm.
b) For each of the 10 events noted above, the premises licence holder shall notify the Licensing Authority and Environmental Health Service no later than 4 weeks before the start date of the event with the date of the up and coming event and provide the event management plan for that event, including but not limited to noise management policy, customer dispersal policy, security and stewarding arrangements. Such notice shall also be provided to any local resident associations, ward councillors and any other residents who have requested notification formally in writing from Zoological Society of London (ZSL).
c) Copies of event management plans will be made available to the local resident associations, ward councillors and any other residents who have requested notification formally in writing from Zoological Society of London (ZSL).
d) In addition to the 10 events listed above, during the months of November to January each year, licensable activities at an outside Christmas light themed event, beyond 18:00 hours shall be permitted on no more than 35 days, and shall have a maximum capacity of 3,000 persons excluding staff at any one time. Such events shall have a terminal hour of 10pm for licensable activities which for these 35 days will be in the form for the sale of alcohol only and customer dispersal shall have concluded by 11:00pm. Notice of the dates of the Christmas light themed events shall be provided to any local resident associations, ward councillors and any other residents who have requested notification formally in writing from Zoological Society of London (ZSL) at least 4 weeks before the start date of the first event.
44. A dedicated telephone number for the designated premises supervisor or duty manager shall be maintained to be used by any one person who may wish to make a complaint during the operation of events under condition 43 which shall be provided to the Local Authority; and local resident associations, ward councillors and any other residents who have requested notification formally in writing from Zoological Society of London (ZSL). Any changes in the number should be notified to those parties within 7 days of the change.
45. The premises licence holder shall host local resident meetings on no fewer than two occasions per calendar year and details to be provided to local resident associations, ward councillors and any other residents who have requested notification formally in writing from Zoological Society of London (ZSL).
46. A log will be kept of all complaints received by the premises in relation to events permitted under Condition 43, whether through the dedicated telephone number of by other means. The log shall be available for inspection by Council Officers at all times when the premises are open to the public.
47. During any event permitted under Condition 43, there shall be no supply of alcohol otherwise than to persons with pre-booked tickets or to members of ZSL.
48. No external lighting shall be emitted from the premises so as to give rise to nuisance within neighbouring dwellings, and Lighting shall be provided within the grounds during the hours of darkness when any licensable activity takes place.
49. No amplified sound (including public announcements) in connection with any event shall continue beyond the permitted hours of entertainment.
50. The Premises Licence Holder shall ensure that no smell generated from cooking processors at the premises shall cause a nuisance to occupiers of neighbouring properties.
51. The Premises Licence Holder will instruct the catering units operating within the premises not to dispose of bottles other than between 7am and 10pm.
52. Security staff or Stewards shall assist with the departure of guests or attendees from events and encourage them to depart quietly and safely from the premises.
53. All exit points from the premises shall be manned for the duration of any events until 60 minutes after licensable activities have ceased.
54. Guests or attendee’s at an event (excluding members of staff) shall vacate the premises within 60 minutes after the terminal hour for licensable activities.
55. 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.
56. Security staff or stewards will assist with and ensure that patrons, guests and performers depart from the premises following any event quietly, whether on foot or via vehicle after 22.00 hours until all patrons, guests and performers have left the premises.
57. On days when an event is taking place beyond 23.00 hours there shall be 4 Stewards on duty for every 100 patrons (or part thereof) to manage the effective dispersal of guests from the premises until all guests have left.
58. The Premises Licence Holder shall ensure that any queue to enter the premises which forms outside of the premises is orderly and supervised by door staff to ensure that there is no public nuisance or obstruction to the public highway. Any queue shall be restricted to a designated area.
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Supporting documents: