Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * West End   ** None	Coyote Ugly Saloon Unit 30 Trocadero 13 Coventry Street W1D 7AB	New Premises Licence	22/05496/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Friday 29 July 2022

          

Membership:           Councillor Aziz Toki (Chair) Councillor Angela Piddock and

Councillor Jim Glen

 

Officer Support:         Legal Advisor:           Horatio Chance

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Ms Karyn Abbot

 

Present: Ms Lisa Sharkey, Solicitor, Poppleston Allen acting on behalf of the

Applicant (Coyote Ugly London Limited) Ms Liliana Lovell, Original founder of

Coyote Ugly Saloon (USA)Mr Steven Lewis, Director, Coyote Ugly London Limited

Mr Christopher Young (Operations Manager) Coyote Ugly London Limited.

Mr Nick Taplin (Proposed DPS and Operator) Coyote Ugly London Limited

Mr Omar Aziz, on behalf of the Landlord of the Piccadilly Institute Building and Trocadero Building, Mr Kevin Jackaman (The Licensing Authority) Mr Anil Drayan (Environmental Health Service) PC Thomas Stewart (Metropolitan Police Service)

 

Application for a New Premises Licence - Coyote Ugly Saloon Unit 30 Trocadero 13 Coventry Street London W1D 7AB 22/05496/LIPN

 

FULL DECISION

 

Premises

 

Coyote Ugly Saloon

Unit 30 Trocadero,

13 Coventry Street,

London

W1D 7AB

 

Applicant

 

Coyote Ugly London Limited

 

Ward

 

St James’s

 

Cumulative Impact

 

West End Cumulative Impact Zone (“West End CIZ”)

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Sale by retail of alcohol (On and Off)

 

Monday to Sunday 08:00 to 03:00

Late Night Refreshments

Monday to Sunday 23:00 to 03:00

 

Exhibition of Films (Indoors)

 

Monday to Sunday 08:00 to 03:00

 

Recorded Music (Indoors)

 

Monday to Sunday 08:00 to 03:00

 

Live Music (Indoors)

 

Monday to Sunday 10:00 to 03:00

 

Performance of Dance

 

Monday to Sunday 10:00 to 03:00

 

Opening Hours for the Premises

 

Monday to Sunday 08:00 to 03:00

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Coyote Ugly Saloon Unit 30 Tracedero 13 Coventy Street London W1D 7AB (“The Premises”). The Premises proposes to operate as an American style entertainment, performance venue on the ground floor. This will include a variety of live performances, live music, and karaoke style entertainment. The Applicant has the exclusive rights to operate a Coyote Ugly Saloon in the UK. There will be a merchandise store selling a selection of branded Coyote Ugly themed merchandise. The Premises are located in St James’s Ward and fall within the West End CIZ.

 

Representations Received

 

• Metropolitan Police Service (PC Tom Stewart)
• Environmental Health Service (Anil Drayan) (Withdrawn)
• The Licensing Authority (Jessica Donovan)
• One resident

 

Summary of Representations

 

• The Metropolitan Police had made representation in relation to the application as the proposal may undermine the licencing objectives of Prevention of Crime and Disorder. The hours sought are also beyond that of Westminster’s core hours policy. The Premises is also located in the West End Cumulative Impact Zone.

·       The Environmental Health Service had made a representation on the Licensing objections of the Prevention of Public Nuisance, Public Safety and Protection of Children from Harm. There was also further clarification needed on how the premises shall operate particularly late at night as the premises is located in the West End Cumulative Impact Zone.

 

·       The Licensing Authority had maintained representations on the Licensing objections of the Prevention of Public Nuisance, Prevention of Crime and  Disorder, Public Safety and Protection of Children from Harm.

• A resident had maintained representations on the Licensing objections of the Prevention of Public Nuisance and Prevention of Crime and Disorder.

 

Policy Position

 

The following policies apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

CIP1

 

·       It is the Licensing Authority’s policy to refuse applications within

the West End Cumulative Impact Zone for: pubs and bars, fast food

premises, and music and dancing and similar entertainment, other

than applications to:

1. Vary the hours within Core Hours under Policy HRS1, and/or

2. Vary the licence to reduce the overall capacity of the premises.

C. Applications for other premises types within the West End

Cumulative Impact Zones will be subject to other policies within this

statement and must demonstrate that they will not add to cumulative

impact.

D. For the purposes of this policy the premises types referred to in

Clause A are defined within the relevant premises use policies within

this statement.

 

HRS1

 

• Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

 

PB1

 

·       Under Policy PB1 A. Applications outside the West End Cumulative Zone will generally be granted subject to:

The application meeting the requirements of policies CD1, PS1,

PN1 and CH1.

The hours for licensable activities being within the council’s Core

Hours Policy HRS1.

The operation of any delivery services for alcohol and/or latenight

refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1.

The applicant has taken account of the Special Consideration

Zones policy SCZ1 if the premises are located within a designated

zone.

The application and operation of the venue meet the definition of

a Public House or Bar in Clause D.

B. It is the Licensing Authority’s policy to refuse applications within

the West End Cumulative Impact Zone other than:

Applications to vary the existing licence hours within the council’s

Core Hours Policy HRS1.

Applications that seek to vary the existing licence so as to reduce

the overall capacity of the premises.

C. The applications referred to in Clause B1 and B2 will generally be

granted subject to:

The application meeting the requirements of policies CD1, PS1,

PN1 and CH1, and/or,

The operation of any delivery services for alcohol and/or latenight

refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1.

The application and operation of the venue continuing to meet the

definition of a Public House or Bar in Clause D.

D. For the purposes of this policy a Public House or Bar is defined

as a premises, or part of a premises that’s primary use is the sale or

supply of alcohol for consumption on those premises and/or for

consumption off the premises for consumption outside the venue.

 

SUBMISSIONS AND REASONS

 

1.     The Presenting Officer, Ms Karyn Abbot introduced the application and advised that the application was for a new Premises Licence which sought to operate as an American style entertainment, performance venue. She confirmed that representations against the application had been received by the Metropolitan Police Service, Environmental Health Service, The Licensing Authority, and a resident.  She outlined that the Premises are within the St James’s Ward and West End Cumulative Impact Zone.

 

2.     Ms Lisa Sharkey, Solicitor acting on behalf of the Applicant advised that the Application was beyond core hours and was in the West End CIZ. She referred to Paragraph D15 of the City Council’s SLP which stipulated that a transfer of a Premises to another smaller establishment and to a location in which they would cause less detrimental impact would be considered as an exception to Policy.

 

3.     Ms Sharkey advised that the Piccadilly Institute located in Shaftesbury Avenue on the 12^th and 13^th Floors had a capacity of 1515 and could operate until 03:00. She advised that an offer to reduce the Piccadilly Institute capacity by 350 and to change the 03:00 nightclub licence to a restaurant licence had been made. Ms Sharkey advised that the Freeholder of both the Piccadilly Institute and Trocadero wished to repurpose the former building. She advised that the Trocadero had undergone redevelopment, and this included a 760-bedroom hotel and changes to the ground floor. The Sub-Committee noted that the ground floor would be used for the Coyote operation.

 

4.     Ms Sharkey advised that the Applicant would be further reducing the capacity of the Piccadilly Institute as part of the Application. She advised that the night-time economy and offer would continue to be maintained and capacities for these activities would be redeployed. It was proposed to diversify the entertainment offers in both Premises and transfer capacities to a different location in the same area. She advised that an extensive set of Conditions had been offered and were in like form to the conditions that had been imposed by a Licensing Sub-Committee for the 12th and 13th Floors relating to the Piccadilly Institute. Ms Sharkey stated that the Application ensured that the Premises had a more modern set of Conditions and that a capacity of 350 would make it more manageable. 

 

5.     The Sub-Committee was advised that a Condition had been offered which required the Premises to be ancillary to the main function as a Coyote Ugly Saloon theme operation venue. Ms Sharkey commented that the Conditions offered covered a whole host of areas which included Dispersal Policy, Traffic Marshalls, Door Staff, Staff Training, Terrorism and ID Scanning. Ms Sharkey advised that it was acknowledged that the Piccadilly Institute was currently operating to a 200 capacity. However, should the application not be granted the Piccadilly Institute’s capacity would remain at 1500. Ms Sharkey highlighted that a Premises with a live operation and licence was being surrendered.

 

6.     Ms Sharkey advised that the Premises was an American Style performance venue which played Country and Rock Music. She advised that the first bar was set up in 1994 in New York and that a film was produced which showcased how the premises operated. Ms Sharkey advised that The Walt Disney Company owned the brand and oversaw operations. There are four premises which operate in the United Kingdom which include Birmingham, Cardiff, Swansea and Liverpool and these venues were all located in cumulative impact zones. There have been no incidents in any of these venues.

 

7.     In response to questions from the Sub-Committee, Ms Sharkey commented that it was proposed to reduce the capacity of the Piccadilly Institute by 350 and that the application was for a capacity of 350. The Sub-Committee noted that the capacity was being transferred and that the application had a raft of Conditions which would ensure the licensing objectives are promoted. Following further questions from the Sub-Committee, Ms Sharkey said that the new Premises would be a stand-alone venue operated by Coyote Ugly London Limited and was not involved with the Piccadilly Institute. The Premises will operate everyday throughout the daytime and offered a relaxed food environment with dancing. The performance will be varied and during the latter hours would have a West End Stage performance dinner offer. The Premises is located 50yards from the Piccadilly Institute. Ms Sharkey advised that the Landlord’s long-term plan was to redeploy capacity from the Piccadilly Institute to the Trocadero and aimed to create a mix of entertainment.

 

8.     Following further questions from the Sub-Committee, Ms Sharkey advised that the bar in the Piccadilly Institute was located on the first and second floors. There are currently five dance floors in the Piccadilly Institute. Ms Sharkey said that the capacity for the above would be reduced to a figure recommended by the Sub-Committee if the application was granted and the capacity would need to be assessed by Environmental Health.

 

9.     Mr Kevin Jackaman appearing on behalf of the Licensing Authority advised that representation had been maintained as the Premises was in the Cumulative Impact Area and said that Policies CIP1 and PB1b should be considered. Mr Jackaman advised that it was Policy to refuse applications in the West End CIZ other than to vary hours of existing licenses within core hours or reduce overall capacity.

 

10.He advised that variations of new applications for bars and public houses should be limited to exceptional circumstances. The Sub-Committee were advised that they are required to view each application on its merits and needed to be satisfied that the Applicant had demonstrated that the application was an exception to policy and would not add to the cumulative impact. In response to questions from the Sub-Committee, Mr Jackaman advised that Paragraph D15 was applicable and advised that the Policy related to the transfer of an existing premises to another establishment rather than part off the capacity.

 

11.Mr Anil Drayan appearing on behalf of the Environmental Health Service advised that representation had been maintained to ensure that that the Service partakes in discussions and provide advice. Mr Drayan confirmed that the Premises was situated in the West End CIZ, outside core hours and operated as a bar. He advised that the Piccadilly Institute and Trocadero were located closely to each other. He advised that the transfer of the 350 capacities from the Piccadilly Institute was to an area which did not have a high residential unit and that there were no concerns regarding additional public nuisance or public safety issues. He went further onto say that the Trocadero was in a similar area as the Piccadilly Institute.

 

12.Mr Drayan advised that the overall capacity of the Premises should be taken into consideration and not just the numbers which establishments were currently operating. He said that the Applicant had offered a number of Conditions which were more modern, and these should be taken into account regarding elevating concerns and cumulative impact.

 

13.In response to questions from the Sub-Committee, Mr Drayan advised that the Piccadilly Institute had operated above a capacity of 200. There has been no history of complaints regarding public nuisance in relation to the establishment and this was primarily due to its location. He said that the Trocadero capacity limiting to 350 would enable for patrons to be managed and reduce concerns regarding public nuisance. Following further questions from the Sub-Committee, Mr Drayan advised that the Trocadero would have sound limiters and the proposed operational style and transfer would not cause a public nuisance to the residential blocks situated in Shaftesbury Avenue.  He advised that the Freeholder should determine which areas of the Piccadilly Institute capacity should be reduced

 

14.PC Thomas Stewart appearing on behalf of the Metropolitan Police advised that representation had been maintained based on the crime and disorder licensing objective being undermined. PC Stewart reiterated that it was Policy to refuse applications in the West End CIZ and commented on the specific requirements as set out in Policy CIP1 and referred the Sub-Committee to Paragraph D11 on page 47 of the City Council’s SLP.

 

15.He advised that the Applicant sought to demonstrate an exception to Policy through the transfer of capacity from an existing Premises to a new Premises. He said that the Piccadilly Institute had recently been operating at a capacity of 200 and that this premises had a capacity of 1500 and a reduction of 350 would not result in any real reduction in the operational capacity of the Piccadilly Institute. PC Stewart highlighted that Paragraph D15 on page 48 of the SLP referred to a transfer of an operation from one Premises to another and not capacity.

 

16.PC Stewart stated that the roof top bar at the Trocadero was not in operation and therefore its real impact was unknown. He advised that crime levels in the West End had returned to pre-covid levels and that offences such as sexual assaults and assaults now exceeded previous rates. PC Stewart advised that an additional drink led Premises in the West End would in his view lead to an increase in crime. PC Stewart advised that a Premises comprising of capacity of 1000 would cause less nuisance in comparison to two Premises which each had a capacity of 500. He advised that the Applicant had submitted a raft of Conditions and policies which aimed to promote the licensing objectives and confirmed that this submission did not adequately demonstrate that the Application was an exception to policy or evidence that there would be no negative cumulative impact. The Sub-Committee was advised that no Conditions had been offered regarding the provision of vertical drinking.

 

17.PC Stewart advised that the granting of the application could lead to a precedent being set and therefore encourage other establishments to reduce existing capacities in venues and transfer these numbers to nearby new Premises. He advised that this practice would lead to an in increase in crime and disorder.

 

18.In response to the Sub-Committee PC Steward advised that the Piccadilly Institute had previously caused concerns and the establishment had monthly briefings with the Metropolitan Police and as a result the capacity for the Piccadilly Institute had decreased, and this enabled for the Premises to be better managed and reduce concerns. Following further questions from the Sub-Committee, PC Steward advised that the Piccadilly Institute operated above a 200 capacity prior to the Covid-19 pandemic and said that it was unlikely for the Premises to operate to their full capacity. He advised that in his view a transfer of capacities would lead to an increase in crime and disorder.

 

19.Mr Horatio Chance the Legal Advisor to the Sub-Committee confirmed that all Applications are to be considered on their individual merits having regard to the evidence before the Sub-Committee so no precedent could be set. In  terms of the Sub-Committee’s powers for determination are concerned a degree of flexibility could be exercised when applying and interpreting Paragraph D15 of the SLP because it had been drafted wide and that the list of exceptional circumstances was not definitive.

 

20.PC Stewart advised that it was preferred for the Applicant to surrender a Licence rather than reduce capacity and commented that the Piccadilly Institute would continue to trade albeit with a reduced capacity and that operational aspects of an establishment was a more prominent concern rather than its capacity.

 

21.PC Stewart stated that the Metropolitan Police interacted with Premises and will ensure that appropriate actions are put in place in relation to any concerns regarding crime and disorder associated with establishments.

 

22.In response to questions from Mr Aaron Hardy the Policy Advisor to the Sub-Committee, Ms Sharkey advised that it was not expected for the Trocadero to operate to its full capacity throughout the week and that this figure would be dependent on footfalls. Ms Sharkey said that the Piccadilly Institute operational style was to remain and that there would be a reduction in capacity. She advised that the conditions proposed for the Trocadero were more extensive than the Piccadilly Institute and included having traffic marshals and door staff who are employed to aid patrons. Ms Sharkey reiterated that the Piccadilly Institute licence had a capacity of 1500, and these numbers would be more difficult to manage when patrons exited at 03:00.

 

23.Following questions from the Sub-Committee, PC Stewart confirmed that Conditions offered by the Applicant were appropriate for the type of venue. He advised that operators are expected to employ a minimum number of SIA staff members and that these figures should be based on risk assessments. PC Stewart advised that mandatory searches should take place preferably before 22:00.

 

24.In Summary, Mr Jackaman advised that Paragraph D15 did not provide a definitive list of what should be considered as an exception to Policy and that the Sub-Committee were given flexibility and had to be satisfied that the Premises would not add to cumulative impact in the West End Cumulative Impact Zone and considered in policy terms an exception for the application to be granted. 

 

25.In Summary, Mr Drayan advised that there was a capacity transfer, and that the application was for a different style of venue from the establishment which numbers were to be reduced. He advised that night club venues created more public nuisance in comparison to entertainment led venues. Mr Drayan advised that the Applicant had offered a comprehensive set of Conditions. He said that the overall capacity should be considered alongside all the licensable activities including those which were not in current use. Mr Drayan advised that the Application fell under Policy PB1 (b) and that sufficient exemption had been demonstrated to rebut the policy presumption. These included the reduction of capacity of a venue which had historic concerns regarding public nuisance, a raft of Conditions and the style of operation of the new Premises. He advised that the Environmental Health Service’s representation was now withdrawn.

 

26.In Summary, PC Stewart advised that the reduction in capacity would promote the Public Safety Licensing Objective but did not necessarily promote crime prevention. He advised that the Metropolitan Police were concerned with the Premises operational style. PC Stewart commented that the reduction of the capacity of one Premises should not have any bearings on the operation of a different venue. He maintained the view that the  reduction in the capacity of the Piccadilly Institute would not have a large bearing on reducing crime and disorder. PC Stewart advised that there had been an increase in the crime figures in the West End and that these numbers exceeded pre Covid-19 statistics. These include assaults and sexual assaults. PC Stewart concluded by saying increases in crime and disorder impacted the Metropolitan Police resources and policing. These resources were particularly limited during the early mornings, and this had an impact on response times.

 

27.In Summary, Ms Sharkey advised that it was acknowledged that the City of Westminster sought to have a vibrant night economy which had a good offer. She advised that Paragraph D15 was not definitive and gave the Sub-Committee some flexibility in its decision making when considering the merits of the application. She said that the capacity of an existing night club was to be reduced and be transferred to a new entertainment led establishment and this would attract a different type of clientele which had a wider age range. The Sub-Committee was advised that established Case Law allowed capacities to be transferred to a new establishment.

 

28.Ms Sharkey advised that the proposed Conditions were extensive, modern and enforceable. The new Premises would be more manageable and advised that the Piccadilly Institute capacity of 1500 was to remain if the Application were refused. Ms Sharkey confirmed that there would be no change of crime figures. She advised that a Condition had been offered which made the operations ancillary to the function of the Premises which was an entertainment led venue. Ms Sharkey confirmed that the request to search patrons in the evening would be accepted. 

 

Decision and Conclusion

 

29. The Sub-Committee has determined an application for a New Premises Licence under the Act. The Premises proposes to operate as an American style multi-use entertainment performance venue with various licensable activities relating to the sale of alcohol, live and recorded music, late night refreshment and performance of dance together with a restaurant and carefully curated drinks menu drawing upon the Applicant’s international experience and reputation.

 

30.The Sub-Committee noted the huge investment ploughed into the business by the Applicant by some 3-4 million which will demonstrate how the Premises is to be transformed into a multi-use venue operating in the West End CIZ. The hours applied for are beyond Westminster’s core hours.

 

31.The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. Accordingly, the Premises falls within the West End CIZ and so there is an automatic policy presumption to refuse the application. However, for this presumption to be rebutted, the Applicant must prove exceptional reasons as to why the application should be granted.

 

32.The Sub-Committee did not take a rigid approach when considering all relevant parts of the policy because a degree of flexibility is to be applied when looking at the workings of the policy for these Premises. Instead, a flexible approach was taken having regard to all areas of the SLP particularly when considering paragraph D15.

 

33.The Sub-Committee noted the Responsible Authorities who had objected to the Application and the various submissions that were made in respect of the West End CIZ. Despite the Environmental Health Service now being contend with the Application which resulted in a withdrawal of their objection during the hearing by Mr Drayan, the Metropolitan Police Service and Licensing Authority were still however, maintaining their objections based on the presumption to refuse such applications in the West End CIZ.

 

34.The Sub-Committee when considering the matter had regard to Policies CIP1, HRS1 and PB1(b) under the City Council’s SLP. The first starting point for the Sub-Committee was to establish based on the evidence before it whether the Applicant had provided exceptional reasons as required by the terms of the SLP. The Sub-Committee concluded that the Applicant had provided exceptional reasons and will go onto explain below those reasons:-

 

In deciding whether the Sub-Committee should consider granting the application it had to consider the style, nature and character of the Premises and how the Premises would operate under the proposed licensable activities applied for. The Sub-Committee formed this judgement based upon the evidence and the many reasons given by the Applicant during the hearing which included the offer of a reduction of a 350 capacity for the Piccadilly Institute’s premises and whether such a reduction could be applied to these Premises and considered an exceptional circumstance having regard to Paragraph D15 on page 48 of the SLP.

 

Paragraph D15 of the SLP states:

“Any list of circumstances where exceptions may be granted is not definitive. One example might be a proposal to transfer an existing operation from one premises to another, where the size and location of the second premises is likely to cause less detrimental impact and will promote the licensing objectives, and where the existing operation would otherwise continue as before in the first premises. In order for this to be treated as a consideration justifying an exception to policy, the council will need to be satisfied that the necessary legal mechanisms are in place to ensure that the original premises licence will cease to be operable and cannot be transferred once surrendered. In considering whether there is likely to be less detrimental impact, the Licensing Authority will consider the actual operation of the premises which it is proposed should close, and it will take into account any future proposals which would affect the continued operation of those premises”.

35. The Sub-Committee accepted the argument advanced by the Applicant that a transfer of a Premises to another smaller establishment and to a location in which they would cause less detrimental impact was to be considered as an exception to Policy and used the example of the Piccadilly Institute located in Shaftesbury Avenue on the 12and 13 Floors which had a capacity of 1515 and could operate until 03:00 although this was currently operating at a 200 capacity.

 

36. The Sub-Committee noted the offer to reduce the Piccadilly Institute capacity by 350 and to change the 03:00 nightclub licence to a restaurant licence and that point had been made clear by the Applicant. 

 

37. The Sub-Committee noted the extensive proposed Conditions and was pleased that these had been agreed with the Responsible Authorities who objected to the application and these were similar, to the conditions imposed on the premises licence for the Piccadilly Institute. These were updated conditions and imposed on the Premises Licence by the Sub-Committee covering a whole host of areas which included a Dispersal Policy, Door Staff, Traffic Marshalls, Staff Training, Terrorism, ID Scanning and would therefore make enforcement easier for when City Council Inspector’s undertake visits to the Premises.

 

38. Referring to the bespoke Dispersal Policy produced by the Applicant the Sub-Committee viewed this as a comprehensive document that will promote the licensing objectives and is to be used robustly in running the Premises to the highest standards.

 

39. The Sub-Committee was persuaded that a departure from the SLP policy was appropriate when considering the dispersal policy and what potential impact in terms of nuisance this would have on the West End CIZ particularly when customers are leaving the Premises at the terminal hour. In formulating this view the Sub-Committee accepted the commitment and undertakings given by the Applicant when it came to the security arrangements and management of the Premises by the appointed Designated Premises Supervisor and experienced staff.

 

40. The Sub-Committee welcomed the Condition offered by the Applicant which restricts the use of the Premises by requiring the Premises to be ancillary to the main function as a Coyote Ugly Saloon theme operation venue and this has been imposed as a condition on the Premises Licence.

 

41. The Sub-Committee accepted the Applicant’s argument that the capacity of an existing night club was to be reduced and be transferred to a new entertainment led establishment and this would attract a different type of clientele which had a wider age range.

 

42. The Sub-Committee therefore decided that the Applicant had proven exceptional circumstances in the West End CIZ due to the style, nature and character of the Premises and it primarily being an entertainment led venue. The City Council’s concept under its SLP recognises and accept that this type of premises create a range of cultural venues within Westminster and this will have the desired effect of reducing the extent of dominance of pubs, bars, nightclubs and fast food premises within the West End Cumulative Impact Zone and thus considered to be an exception to policy. 

 

43. The Sub Committee in addition welcomed the fact that the Applicant was an experienced operator as it held and was operating other premises in Westminster as well as internationally which demonstrated their on-going commitment to the  promotion of the licensing objectives.

 

44. The Sub-Committee agreed and imposed a new works condition on the Premises Licence which means licensable activities cannot take place at the Premises until this is signed off by the Council’s Environmental Health Service.

 

45. The Sub-Committee noted that the Applicant would be further reducing the capacity of the Piccadilly Institute as part of the Application. The night-time economy and offer would continue to be maintained and capacities for these activities would be redeployed. The Applicant proposes to diversify the entertainment offers in both Premises and transfer capacities to a different location in the same area.

 

46. The Sub-Committee agreed that in the final analysis an exception to Policy had been demonstrated by the Applicant namely the reduction of the capacity of a night club and the transfer of these numbers to an entertainment led venue. The Sub-Committee noted that a raft of Conditions had been offered by the Applicant which would help promote the Licensing Objectives.

 

47. The Sub-Committee was persuaded by the Applicant that they would be a responsible operator by having the necessary measures and safeguards in place to promote the licensing objectives and that the conditions it has imposed on the premises licence would help mitigate the concerns of those objecting and promote the licensing objectives.

Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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 the Exhibition of Films (Indoors) Monday to Sunday 08:00 to 03:00 Seasonal Variations: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes. The start time of 08:00 hours is for residents and bona fide guests of the adjoining hotel. For members of the public this activity will commence at 10:00 hours Monday to Saturday and midday on Sunday, including Bank Holiday Sundays.

 

2.        To grant permission for Live Music (Indoors) Monday to Saturday 10:00 to 03:00 Sunday 12:00 to 03:00 Seasonal Variations:On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes.

 

3.        To grant permission for Recorded Music (Indoors) Monday to Sunday 08:00 to 03:00 Seasonal Variations: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes. The start time of 08:00 hours is for residents and bona fide guests of the adjoining hotel. For members of the public this activity will commence at 10:00 hours Monday to Saturday and midday on Sunday, including Bank Holiday Sundays.

 

4.        To grant permission for Performance of Dance (Indoors) Monday to Saturday 10:00 to 03:00Sunday 12:00 to 03:00 Seasonal Variations: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes.

 

5.        To grant permission for Anything of a similar description to that (Indoors) falling within (e), (f) or (g) Monday to Saturday 10:00 to 03:00

Sunday 12:00 to 03:00 Seasonal Variations: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes.

 

 

6.        To grant permission for Late Night Refreshment (Indoors) Monday to Sunday 23:00 to 03:00 Seasonal Variations: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes.

 

7.        To grant permission for the Sale by Retail of Alcohol (On and Off) Monday to Sunday 08:00 to 03:00 Seasonal Details: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes. The start time of 08:00 hours is for residents and bona fide guests of the adjoining hotel. For members of the public this activity will commence at 10:00 hours Monday to Saturday and midday on Sunday, including Bank Holiday Sundays.

 

8.        To grant permission for the Opening Hours of the Premises: Monday to Sunday: 08:00 to 03:00 Seasonal Details: On the commencement of British Summertime, the terminal hour shall be extended by 60 minutes. The start time of 08:00 hours is for residents and bona fide guests of the adjoining hotel. For members of the public this activity will commence at 10:00 hours Monday to Saturday and midday on Sunday, including Bank Holiday Sundays.

 

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

 

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

 

 

 

Conditions imposed by the Committee after a hearing with agreement of the Applicant

 

11.      The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a Coyote Ugly themed entertainment venue operated by Coyote Ugly London Ltd.

 

12.      A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as a driving licence, passport, or proof of age card with the PASS Hologram.

 

13.      (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.

(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(e) 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.      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.

 

16.      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 concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system

(g) any refusal of the sale of alcohol

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

 

17.      As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme, if available.

 

18.      A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

(a) the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses.

(b) The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder.

(c) The limiter shall not be altered without prior written agreement from the

Environmental Health Consultation Team.

(d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team.

(e) No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

19.      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.

 

20.      No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

 

21.      Any special effects or mechanical installations shall be arranged, operated, 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:

• dry ice and cryogenic fog

• smoke machines and fog generators

• pyrotechnics including fireworks

• firearms

• lasers

• explosives and highly flammable substances.

• real flame

• strobe lighting.

INFORMATIVE: The premises licence holder will be seeking consent to use smoke machines, lasers, and strobe lighting at the premises as part of the stage show.

 

22.      No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased. NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

 

23.      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.

 

24.      There shall be no admittance or re-admittance to the premises one hour before the terminal hour for licensable activities, except for patrons permitted to temporarily leave the premises (e.g., to smoke, make a phone call).

 

25.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of residents and businesses and leave the area quietly.

 

26.      Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall be limited to 10 persons at any one time.

 

27.      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.

 

28.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

29.      A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster CityCouncil.

 

30.      No deliveries to the premises shall take place between (23.00) and (08.00) on the following day.

 

31.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

32.      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 unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

33.      No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

34.      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.

 

35.      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.

 

36.      The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

37.      The number of persons accommodated at the premises as a whole at any one-time (excluding staff) shall not exceed (x) persons – to be determined on clearance of works condition but it shall not be more than 350 excluding staff in any case.

 

38.      No licensable activities shall take place at the premises 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. If there are minor changes during the course of construction new plans shall be submitted with the application to remove this condition.

 

39.      There shall be no sales of hot food or hot drink for consumption 'off' the premises after 23:00 hours.

 

40.      Loudspeakers shall not be located in the entrance unless there is a sound lobby, or outside the premises building.

 

41.      Door staff and Body worn video will be in use.

 

42.      There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under a Sexual Entertainment Venue Licence.

 

43.      The premises 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.

 

44.      The premises licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by SIA trained personnel so as to ensure that there is no public nuisance or obstruction to the public highway.

 

45.      There shall be no payment made by or on behalf of the premises licence holder to any person for bringing customers to the premises directly off the street.

 

46.      An attendant shall be on duty in the cloakroom during the whole time that it is in use.

 

47.      (a) An attendant shall be on duty in the male and female toilets areas (within the licensed area) from 21:00 hours daily until the premises are closed to the public. (b) Attendants shall be equipped with a means of alerting security without delay, e,g, radio, BWV, or personal alarm which shall be kept on their person.

 

48.      After midnight all drinking vessels used in the venue shall be made from a sustainable material other than glass. All drinks in glass bottles are to be decanted into non glass containers or non-glass carafes prior to being served, with the exception of champagne, wine or bottles of spirits with a minimum size of 70 CL supplied by way of waiter/waitress service to tables. Staff shall clear all empty champagne and spirit bottles promptly from the table. Customers shall not be permitted to leave their table carrying any such glass bottle or drink directly from the bottle.

 

49.      From 22:00 hours, a full pat-down search of all entrants and bag search, shall be conducted by properly trained security staff of the appropriate gender. Searching will be supplemented using two functional metal detecting wands. All searches will be covered by the premises CCTV system. Prior to 22:00 hours, searching shall be based on a risk assessment by designated security staff.

 

50.      In the event that an assault involving an injury or of a sexual nature is committed on the premises (or appears to have been committed), the management will immediately ensure that: a. the Police (and, where appropriate, the London Ambulance Service) are called without delay; b. all measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police; c. the crime scene is preserved so as to ensure a full forensic investigation to be carried out by the Police;

such other measures are taken (as appropriate) to fully protect the safety of all persons on the premises.

 

51.      Where the premises are open for the sale of alcohol for consumption on the premises then from 22:00 hours a personal licence holder shall be on duty.

 

52.      After 22:00 a minimum of 2 SIA shall be employed. All security engaged outside the entrance to the premises, or supervising or controlling queues outside the premises, shall wear high visibility yellow jackets or vests. Security staff shall display their SIA a licence at all times went on duty. At the commencement of duty, all security personnel must have their names and licence number logged with date and time. Names must be legible and appropriate for a legal document. The log shall be made available for inspection of the Responsible Authorities upon request and be retained for a minimum of 31 days.

 

53.      A traffic marshal shall be employed by management from 22:00 on Friday, Saturday and any other time deemed necessary by the premises licence Holder. They shall remain on duty until all customers have left the immediate vicinity of the premises to ensure, as far as reasonably practicable, there is no obstruction in the immediate vicinity of the premises from customers or vehicles linked to the premises. The Traffic Marshall shall wear a high visibility jacket of a different colour to those worn by SIA door staff and marked ‘traffic marshal’ to be clearly identifiable in this role and equipped with a radio link to security.

 

54.      SIA door staff shall from midnight until close, monitor Shaftesbury Avenue to encourage the quiet dispersal of customers.

 

55.      Customer facing front of house staff shall receive at least basic training in Conflict Management provided by a qualified source. Training records for such staff shall be kept on the premises and provided to the Responsible Authorities for viewing upon request.

 

56.      The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all front of house staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.

 

57.      (a) After 21:00 hours, all customers entering the premises shall have their ID scanned on entry, save for when a biometric scanning system is in place. The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the local authority upon request. (b) The requirement in (a) above is subject to the following exceptions, namely that a maximum number of (25) guests per night may be admitted at the Managers discretion without necessarily photo ID being scanned and recorded. The admission of such guests however shall be in accordance with the following procedure: (i) The DPS shall approve in writing the names of a maximum of three managers other than him/herself who are authorised to sign in such guests. (ii) A legible record (the signing in sheet) of those guest’s name shall be retained on the premises for inspection by the licensing authority and Police for a minimum period of 31 days. The name of the DPS approved manager authorising the admission will also be recorded by that manager, (iii) Guests shall be required to produce some form of ID such as a bank card (or emailed electronic photo ID) and ID scan entry with a live photo shall be created. (iv) Where there are appropriate reasons

for a guest not to be able to produce ID and be subject to ID scan, the Approved Manager may still permit entry. In such circumstance he shall also record the reasons for this in the signing in sheet. (c) Notwithstanding (a) above, patrons who are attending a pre-booked private event at the premises do not need to have their ID Scanned on entry and instead a written guest list shall be held at reception for the event, and will be retained for 31 days after the event for inspection by the police and responsible authorities upon request.

 

58.      All front of house staff at the premises shall receive Welfare and Vulnerability

Engagement (WAVE) training by a qualified trainer, and once every 12 months thereafter. The date the training was provided and signed confirmation from the member of staff shall be recorded and made available for inspection by the Responsible Authorities upon request.

 

59.      The applicant contends that this application can be treated as an exception to policy upon the basis that the capacity for the Piccadilly Institute stated within Premises Licences 22/02799/LIPVM and 22/02800/LIPVM (which has a 3 am licence) shall be reduced by 350 persons. This condition to be removed once the two licences for the Piccadilly Institute have been amended to reduce the capacity by 350 persons.

 

 

The is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

29 July 2022