Agenda item

Ward SCZ *	Site Name & Address	Application Type	Licensing Reference No.
West End N/A	Nikita 22 Davies Street London W1K 3DT	New Premises Licence	20/11879/LIPN
* Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 4 (“The Committee”)

 

Thursday 25 March 2021

 

Membership:           Councillor Karen Scarborough (Chairman) Councillor Louise Hyams and Councillor Maggie Carman

 

Application for a New Premises Licence in respect of Nikita 22 Davies Street London W1K 3DT 20/11879/LIPN

 

Summary Decision

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intends to operate as a workspace and catered lounge. The application is now amended so that the operating hours for the licensable activities and opening hours applied for are reduced with a flexible winding-down period incorporated into the Premise operational procedures namely; Monday to Saturday Midday to 01:00 hours and Sunday Midday to 23:00 hours.

 

Applicant

 

Goodkat Limited

 

Summary Decision

The Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.  

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.        To grant permission for Late Night Refreshment (Indoors and Outdoors)  

Monday to Sunday 23:00 to 01:00 hours. Seasonal Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the startof permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime Commences.

 

2.        To grant permission for Live and Recorded Music (Indoors)

Monday to Saturday 12:00 to 01:00 hours Sunday 12:00 to 23:00 hours Seasonal Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the startof permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime Commences.

 

 

 

 

3.        To grant permission for the Sale by Retail of Alcohol On and Off the Premises Monday to Sunday 12:00 to 01:00 hours Sunday 12:00 to 23:00 hours Seasonal Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the startof permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime Commences.

 

4.        To grant permission for the Hours the Premises are Open to the Public

Monday to Sunday 08:00 to 01:00 hoursSeasonal Timings: All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the startof permitted hours on New Year’s Day. An additional hour to the standard and non-standard times on the day when British Summertime Commences.

 

5.        That the Licence is subject to any relevant mandatory conditions.

 

6.        That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing

 

 

7.        No unauthorised advertisements of any kind (including placard, poster,

sticker, flyer, picture, letter, sign or other mark) is inscribed or affixed

upon the surface of the highway, or upon any building, structure,

works, street furniture, tree, or any other property, or is distributed to

the public, that advertises or promotes the establishment, its premises,

or any of its events, facilities, goods or services.

 

8.        Alcohol shall not be sold or supplied on the premises otherwise than to

either:

a. persons admitted to the premises by prior invitation to a bona fide private function held at the premises;

b. specifically 20 invited guests of the proprietor listed by name at the reception prior to admission;

c. persons employed at the premises;

d. staff;

e. performers;

f. members and their bona fide guests, (to a maximum of 4) such

members having paid an annual admission fee of at least £500

(with the exception of Founder Members); a list of all members to

be held at reception for inspection by the relevant authorities; no

person shall be admitted to the membership of the premises

without an interval of at least 24 hours between application and

acceptance to membership

g. A list of the names and addresses of members of the Club shall

be kept on the premises at all times together with a book showing

the names and dates of attendance of any guests introduced by

members. Both the list and the book shall be produced on

demand for inspection by the police or an authorised officer of the

Council.

 

9.        The premises shall install and maintain a comprehensive CCTV system

as per the minimum requirements of a Metropolitan Police Crime

Prevention Officer. 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. Recordings shall be made available

immediately upon the request of Police or authorised officer throughout

the preceding 31-day period.

 

10.      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 shall be able to show

Police recent data or footage with the absolute minimum of delay when

requested.

 

11.      A minimum of 2 SIA licensed door supervisors shall be on duty at the

premises from 20:00 hours until close of business daily, whilst the premises

is open for business and 30 minutes after close of business to assist with

quiet dispersal.

 

12.      At least 1 of the above SIA licensed door supervisors shall be on duty

at the entrance of the premises at all times whilst it is open for

business.

 

13.      Loudspeakers shall not be located in the entrance lobby or outside

the premises building.

 

14.      All windows and external doors shall be kept closed after (21:00)

hours, or at any time when regulated entertainment takes place,

except for the immediate access and egress of persons.

 

15.      There shall be no admittance or re-admittance to the premises after

00:00 save for smokers, performers and staff.

 

16.      Substantial food and non-intoxicating beverages, including drinking

water, shall be available in all parts of the premises where alcohol is sold

or supplied for consumption on the premises.

 

17.      The highway and public spaces in the vicinity of the premises shall be

kept free of litter from the premises at all material times to the satisfaction

of the Council. All litter and sweepings shall be collected and stored in

accordance with the approved refuse storage arrangements.

 

18.      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

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.

 

19.      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 on 10 days prior

notice being given to the Licensing Authority where consent has not

previously been given.

i. dry ice and cryogenic fog

ii. smoke machines and fog generators

iii. pyrotechnics including fire works

iv. firearms

v. lasers

vi. explosives and highly flammable substances.

vii. real flame.

viii. strobe lighting.

 

20.      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.

 

21.      The licence holder shall enter into an agreement with a hackney carriage

and/or private carriage firm to provide transport for customers, with

contact numbers made readily available to customers who will be

encouraged to use such services.

 

22.      The permitted hours for licensable activities and opening times are

extended on New Year's Eve until the start of permitted hours on New

Year's Day.

 

23.      Before the premises open to the public, the plans as deposited will be

checked by the Environmental health Consultation Team to ensure they

are an accurate reflection of the premises constructed. Where there are

minor changes to the premises layout during the course of construction

new plans shall be provided to the Environmental Health Consultation

Team and the Licensing Authority.

 

24.      No licensable activities shall take place at the premises to include the provision of an internal acoustic wall until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.

 

25.      There shall be no sales of alcohol for consumption off the premises.

 

26.      All private functions must be risk assessed prior to being held at the

venue and a copy of this must be made available for immediate

inspection by Police or an authorised officer of Westminster Council.

 

27.      There shall be a personal licence holder on duty on the premises at all

times when the premises are authorised to sell alcohol.

 

28.      A Challenge 21 or Challenge 25 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.

 

29.      All staff engaged outside the entrance to the premises, or supervising or

controlling queues, shall wear distinctive, on-brand uniforms, at all

times.

 

30.      On the morning that Greenwich Mean Time changes to British Summer

Time one hour will be added to the terminal hour of any activities and to

the closing time for the premises where the existing terminal hour for the

activities and/or closing hour for the premises ends after 01.00 hours.

 

31.      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.

 

32.      A noise limiter must be fitted to the musical amplification system set at a

level determined by and to the satisfaction of an authorised officer of the

Environmental Health Service, Premises Management so as to ensure

that no noise nuisance is caused to local residents or businesses. The

operational panel of the noise limiter shall then be secured by key or

password to the satisfaction of officers from the Environmental Health

Service and access shall only be by persons authorised by the Premises

Licence holder. The limiter shall not be altered without prior agreement

with the Environmental Health Service. No alteration or modification to

any existing sound system(s) should be effected without prior

knowledge of an authorised Officer of the Environmental Health Service.

No additional sound generating equipment shall be used on the

premises without being routed through the sound limiter device.

 

33.      Notices shall be prominently displayed at all exits requesting patrons to

respect the needs of local residents and businesses and leave the area

quietly.

 

34.      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.

 

35.      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.

 

36.      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. This condition must

be specifically varied and removed by way of a full variation application,

to permit Sexual Entertainment even in the event that a Sexual

Entertainment Venue Licence is granted in relation to this premises.

 

37.      No deliveries to the premises shall take place between 23.00 hours and

08.00 hours on the following day.

 

38.      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.

 

39.      There shall be no payment made by or on behalf of the licence holder to

any person for bringing customers to the premises.

 

40.      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.

 

41.      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.

 

42.      All emergency exit doors shall be available at all material times without

the use of a key, code, card or similar means.

 

43.      All emergency doors shall be maintained effectively self-closing and not

held open other than by an approved device.

 

44.      The edges of the treads of steps and stairways shall be maintained so

as to be conspicuous.

 

45.      Curtains and hangings shall be arranged so as not to obstruct

emergency safety signs or emergency equipment.

 

46.      During the hours of operation of the premises, the licence holder shall

ensure sufficient measures are in place to remove and prevent litter or

waste arising or accumulating from customers in the area immediately

outside the premises, and that this area shall be swept and or washed,

and litter and sweepings collected and stored in accordance with the

approved refuse storage arrangements by close of business.

 

47.      No licensable activities shall take at the premises until the capacity of

the premises has been determined by the Environmental Health

Consultation Team and the licensing authority has replaced this

Condition on the licence with a condition detailing the capacity so

determined. Such capacity shall not exceed 120 persons.

 

48.      The number of smokers allowed in the designated smoking area shown crossed hatched on the Premises Plan is not to exceed 6 patrons at any one time. Any other customers, wishing to smoke will be asked to leave the immediate area and proceed to Grosvenor Street. For the avoidance of doubt, the requirement for the Premises Licence Holder to supervise the area outside the Premises, to ensure that patrons do not cause a nuisance to nearby residents, includes the monitoring and control of this smoking area and the monitoring and control of patrons walking to Grosvenor Street (but not

on Grosvenor Street).

 

49.      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 business in the vicinity.

 

INFORMATIVE:

 

50.      The licence holder is strongly encouraged to form and promote a live WhatsApp group with residents and businesses in order to facilitate regular meetings to discuss issues directly affecting them regarding the running and management of the Premises including any issues specifically connected to public nuisance.

 

If problems are experienced, then an application for a Review of the Premises licence can be made.

 

This is the Summary Decision reached by the Licensing Sub-Committee. The fully reasoned decision will be sent to all parties as soon as possible. The date for appealing the decision will not start until the full reasoned decision has been sent to the Parties.

 

Licensing Sub-Committee

25 March 2021