Agenda item
Tequila Mockingbird, 3-5 Burleigh Street, WC2E 7PX
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 19 January 2023
Membership: Councillor Robert Eagleton (Chair) Councillor Iman Less and Councillor Caroline Sargent.
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Roxanna Haq
Application for a New Premises Licence in respect of Tequila Mockingbird
3-5 Burleigh Street London WC2E 7PX 22/09983/LIPN
Other Parties: Mr Jon Bas (Owner of Tequila Mockingbird), Mr Tony Scott (Operations Director at Tequila Mockingbird),Mr James Anderson (Partner and Solicitor at Poppleston Allen, Felix Faulkner (Solicitor, Poppleston Allen), Mr Ian Watson (Environmental Health Service), PC Tom Stewart (Metropolitan Police Service) Mr David Kaner (Covent Garden Community Association (CGCA) and Mr Charles Parsons (Local Resident).
FULL DECISION
Premises
Tequila Mockingbird
3-5 Burleigh Street
London
WC2E 7PX
Applicant
London Cocktail Bars Limited
Ward
St James’s Ward
Cumulative Impact Area
N/A
Special Consideration Zone
East Covent Garden Special Consideration Zone (“East Covent Garden SCZ”)
Activities and Hours Applied for:
Sale by retail of Alcohol (On and Off)
Monday to Saturday 10:00 to 01:00
Sunday 10:00 to 00:30
Late Night Refreshment (Indoors)
Monday to Saturday 23:00 to 01:00
Sunday 23:00 to 00:30
Live Music, Recorded Music, Performance of Dance,
anything similar, (Indoors)
Monday to Thursday 10:00 to 01:00
Sunday 10:00 to 00:30
Opening Hours of the Premises
Monday to Saturday 10:00 to 01:30
Sunday 10:00 to 01:00
Seasonal variations:
An additional hour to the terminal hour on the following notable
days: St George’s Day; St David’s Day, St Patrick’s Day, St
Andrew’s Day, Burns Night, Valentines Night, Halloween, the
day before Bank Holidays, and the Friday, Saturday and
Sunday preceding all Bank Holidays, Maundy Thursday,
Christmas Eve, Christmas Day & Boxing Day, 27, 28, 29 & 30
December, Bonfire Night and New Year’s Day.
An additional hour to the standard and non-standard times on
the day when British Summertime commences.
New Year’s Eve – from the end of permitted hours on New
Year’s Eve to the start of permitted hours on New Year’s Day
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 Tequila Mockingbird
3-5 Burleigh Street London WC2E 7PX. The Premises proposes to operate as a high premium cocktail bar. The Applicant has provided submissions addressing the relevant spatial policies and proposed twenty-five conditions plus agreed a further five conditions with the Police to form part of their operating schedule. The Applicant has also provided a dispersal policy and invited the interested parties to the Premises to address their concerns. These can be found at Appendix 2 of the Report. The Applicant has amended the hours for licensable activities. The Premises are located within the St James’s Ward and East Covent Garden SCZ.
There is a resident count of 55.
Representations Received
- Environmental Health Service (Ian Watson)
- Metropolitan Police Service (PC Tom Stewart)
- Garden Community Association (David Kaner)
- Six Local Residents (objecting against the application but one withdrawn now)
Summary of Representations
- The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the area.
- The hours requested to permit the provision of late-night refreshment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the area.
- The hours requested to permit the provision of regulated entertainment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the area.
- The Metropolitan Police Service (MPS) objects to the granting of this application because if granted in its current form, the premises would likely undermine the licensing objective; The prevention of Crime and Disorder.
- This is a new application for a Licence for a premises located within the NE corner of the Strand Palace Hotel. The application is for a cocktail bar to operate outside WCC’s Core Hours. It is situated just outside the West End CIZ but is well within the East Covent Garden SCZ. This area of the hotel is currently licensed within the Hotel footprint under 21/04617/LIPV. This allows the area to operate until 01:00 on all days of the week as part of the hotel. Entry to members of the public is required to end at 00:00 (1 hour before the premises close). The licence also requires that substantial refreshment is available in all areas (including this one) where alcohol is supplied. No consumption of alcohol outside the premises is permitted as customers cannot take drinks outside with them. We assume that after 00:00 entry and exit would have been via the hotel. We do not believe that this licence was ever actually operated and there is no evidence that this use has received Planning Permission. The area was permitted (by Planning) to be used as an “A3 Bar” under 98/0787 when it was changed to this use, but this use had to cease at 23:00. There is no evidence we can find for a subsequent Planning application. The new licence being applied is to operate the area as a cocktail bar and to keep the premises open for an additional hour on Thursday-Saturday (until 02:00). It maintains the 01:00 time on all other days but does not have the last entry requirement for members of the public. The CGCA believes that operating the premises as a separate bar to the hotel until the hours and with the conditions proposed will fail to support the Licencing Objectives of the Prevention of Public Nuisance and Prevention of Crime and Disorder. We ask that the licence applied for is either refused, or that the hours for the sale of alcohol are limited to the Core Hours contained within the Licensing Policy HRS1 and that the condition requiring the availability of substantial food is maintained. Whilst outside the CIZ there is no presumption automatically to refuse the Licence we believe that operating an alcohol led premises after these hours is not appropriate in this location as this is now separate from the hotel. We do not believe that the fact that there is an existing licence for the premises justifies even a licence that matches the previous hours. The HRS1 Policy makes clear that one of the reasons to permit applications for new licences beyond the Core Hours in HRS1 is because it wants to diversify the range of activities available at night. Paragraph E9 states that Hours later than these core hours will be considered on their own merits in relation to other policies in the Statement of Licensing Policy. The council wishes to see a less alcohol-led and a more diverse range and variety of uses available later at night. The Licensing Authority will allow greater flexibility within its core hours approach for venues that add a more varied offer of entertainment and cultural activity.
- As a near neighbour to this proposed new bar I object to the new use being for a late licensed drink led establishment next door to a residential building of 42 apartments, many facing onto the proposed bar and with a horseshoe shaped courtyard that is a sound well for all noises in Exeter Street with many bedrooms facing into the courtyard and many facing onto the corner of Exeter Street and Burleigh Street directly opposite this new proposal. No one will escape the noise.
- I object to the 2am application, which is 2 hours later than the vast majority of other bars in the area so obviously drinkers will flock here to take advantage of the late license and likely to do so when other establishments close. This is a quiet corner of Covent Garden and at midnight especially quiet and not the entertainment area that one may expect (most of Covent Garden Piazza area is quiet after 10.30/11pm). Harlequin Court does not have double or secondary glazed windows, they are single glazed windows, and part of the block is a listed building so that will never change. We will clearly be disturbed by drinkers arriving and leaving this bar whether on foot or by taxi and it is also very likely given my experience of the area that pedicabs will be attracted to a late drinking venue.
- I don't object to the licence itself but to the hours which are too long for residents and neighbours and will be a nightmare us. The license application is for up to 2am Thursday to Saturday and 1am Monday to Weds and 12.30 Sunday. My bedroom is directly above the bar so I will be adversely affected by the noise especially as the street is a noise trap. Licensing hours in Covent Garden have been held mostly to 'core hours' and are to 11.30pm Monday to Thursday and 12/midnight at weekends, which protects the neighbourhood. This operator can take advantage of the overall license of the Strand Palace which operates to 1am but would like to manage its own and has asked for the extra hour. Covent Garden is not 'party central' despite its reputation. There are also very few places for drinking only and drinking late so it will be popular - the only late licences nearby are Dirty Martini at 2am and another in what was the RoadHouse (not yet opened) both in the Piazza. We don't want Covent Garden to be "party central."
- Harlequin Court is a 42 flat residential building directly across the road from the proposed property. The bedrooms of our flat and the flats above and below ours are only about 10 yards away. We have no objection to licensed premises but live music to 3.00 a.m in a previously quiet street is unacceptable. If the property closed at midnight, it would be more consistent with the neighbourhood.
Policy Considerations
Policies SCZ1, HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy SCZ1
A. In addition to meeting the other policies within this statement, applications within a
designated Special Consideration Zone should demonstrate that they have taken
account of the issues particular to the Zone, in question as identified within the 2020
Cumulative Impact Assessment, and should set out any proposed mitigation
measures in relation to those issues within their operating schedule.
B. For the purpose of Clause A, the designated Special Consideration Zones are:
• West End Buffer.
• Queensway/Bayswater.
• Edgware Road.
• East Covent Garden.
• Mayfair.
• Victoria.
Policy HRS1
A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:
1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation
applications.
6. Pubs and bars, Fast Food and Music and Dance venues
Monday to Thursday: 10am to 11.30pm.
Friday and Saturday: 10am to Midnight.
Sunday: Midday to 10.30pm.
Sundays immediately prior to a bank holiday: Midday to Midnight.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment then the starting time for that licensable activity will be 11pm.
Policy PB1
A. Applications outside the West End Cumulative Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1,PN1 and CH1.
2. The hours for licensable activities being within the council’s Core Hours Policy HRS1.
3. 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.
4. The applicant has taken account of the Special Consideration Zones policy SCZ1 if the premises are located within a designated zone.
5. 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:
1. Applications to vary the existing licence hours within the council’s Core Hours Policy HRS1.
2. 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:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1, and/or, 2. 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. 3. 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
Mr James Anderson, Solicitor appearing on behalf of the Applicant addressed the Sub-Committee. He advised that the Applicant proposed to operate the Premises, which was situated within the Strand Palace Hotel, as a high premium independent cocktail bar. He explained that the Applicant had extensive experience of operating such establishments and that one of his Premises was situated in the West End Cumulative Impact Zone.
Mr Anderson advised that this Premises could operate under the hotel Premises Licence up to 01:00, however, the hotel had requested that the Applicant apply for a separate Premises Licence which was considered to be common practice and in keeping with how many hotels operated these days. He added that it was a very large hotel with some 750 bedrooms with its own function suite and bar.
Mr Anderson advised that the Premises was situated on the corner of Exeter Street and Burleigh Street with the main entrance being located on Burleigh Street. He advised that there were 16-18 hotel bedrooms directly above the Premises, so the Applicant had fitted an acoustic celling to prevent noise escape to the hotel rooms/residents. He outlined that the Premises benefited from a noise limiter and a noise lobby so the Applicant was confident that there would be no noise escape. He explained that the residents who had made representations lived approximately 40-50 metres away from the hotel so there was some distance between the residents and these Premises. He advised that customers on exiting the Premises would head directly towards the Strand where there was public transport. They would not wander up Exeter Street past the residential blocks.
Mr Anderson advised that during the consultation period the Applicant had proposed a number of conditions, had reduced the terminal hour to 01:00 and had devised a dispersal policy which actively encouraged customers to turn right towards the Strand when exiting the Premises. He advised that the cocktail bar would operate predominately via bookings as people wanted to ensure that they could get into a venue. He confirmed that bookings accounted for around 70-80% of customers on a Friday and Saturday night. He added that the Applicant would still like the opportunity to allow walk-ins into the Premises.
Mr Anderson addressed the outside space where customers could take a drink to consume during the summer months up until 23:00. He advised that the awning would be permanently removed and that the Applicant had offered a number of conditions in relation to this outside area that was part of the Premises demise. He added that CCTV and experienced staff would monitor the area. He confirmed that after 23:00 only smokers would be permitted to stand in Burleigh Street. Mr Anderson emphasised that the Premises was not located in a stress area, there would be no noise escape from the Premises and due to the robust dispersal policy, the Applicant was confident that customers would turn right towards the Strand.
In response to questions from the Sub Committee, Mr Anderson confirmed how the queuing system would be managed outside of the Premises, how customers would have their bags searched and that seating would be available for two thirds of its customers. He confirmed that there would be no queuing outside of the venue for a table. He advised that the Applicant had not offered a limit to how many people would be permitted to drink outside however the maximum occupancy would be around 50 persons. He confirmed that the Applicant had agreed to amend the seasonal variation in the application to the Sunday before a bank holiday Monday and this was noted by the Sub-Committee. He advised that there would be three managers working on busy days and one on quieter days. He confirmed that a personal licence holder would be on duty from 21:00 every evening.
Mr Anderson confirmed that there would be a maximum of 20 people on Burleigh Street smoking after 23:00 and that the Applicant had not offered a limit because operators found it tricky to monitor a specific number. He added that the area would be roped off and monitored by CCTV and door staff. He outlined that their customers were aged between 25-45 years old and the drinks were not cheap so the Applicant did not expect their customers to be rowdy. He pointed out that the hotel would be open 24/7 and consisted of a bar, function suite and restaurant. He referred the Sub Committee to the extensive conditions that the Applicant had offered to be attached to the Premises Licence which were set out in the report.
PC Tom Stewart appearing on behalf of the Metropolitan Police Service addressed the Sub-Committee. He advised that the Police had made a representation because they believed the application would undermine the Prevention of Crime and Disorder Licensing Objective. He stated that during the consultation period the Applicant had reduced the terminal hour to 01:00 and had agreed to the CCTV, personal licence holder, SIA and noise limiter conditions to be attached to the Premises Licence. He confirmed that the Police were happy with the Dispersal Policy and considered it would go a long way to alleviate resident’s concerns. He requested that all SIAs wear body cameras and remain on duty until all customers had been dispersed from the area. He requested that two further conditions regarding bag searches and finding drugs on the Premises be attached to the Premises Licence and be incorporated in the Premises Dispersal Policy. He confirmed that the Police were now satisfied with the application.
Mr Ian Watson appearing on behalf of the Environmental Health Service (EHS) addressed the Sub-Committee. Mr Watson gave the Sub Committee a background history to the operation of the Strand Palace Hotel and the operators that had occupied 3-5 Burleigh Street. He advised of the two existing Premises Licences: one with a terminal hour until 01:00 and the other until 00.30. He outlined the complaints regarding construction, street dwellers and smokers outside of the hotel. He confirmed that the Applicant had agreed to a 150 capacity and for the model condition MC11 regarding noise limiters to be attached to the Premises Licence. He requested more information regarding the off sales aspect of the application was needed and suggested that the terminal hour for outside drinking be reduced to 21:00 hours and that a locator be placed on Burleigh Street for Uber pick-ups
Mr David Kaner appearing on behalf of the Covent Garden Community Association (CGCA) addressed the Sub-Committee. He advised that he had had various discussions with the Applicant regarding his application. He stated that residents were concerned about what would happen outside of the Premises and how the narrow streets acted as an echo chamber. He emphasised that residents would be disturbed by customers entering and leaving the Premises as well as drinking and smoking in the street. He requested that the Sub Committee restrict the number of people permitted to drink in the street. He advised that his experience of cocktail bars was that people do drink outside and were noisy so the earlier people were prevented from taking their drinks outside the better it would be for the residents.
Mr Kaner said that people arriving at the Premises late in the evening was a cause for concern and requested that a last entry time of say midnight be imposed on the Premises Licence. He praised the dispersal policy but pointed out that it would not prevent people exiting the Premises in the opposite direction to the Strand. He concluded that to protect residents drinking outside should be restricted to 21:00 hours, the grant of the Premises Licence should be to the Council’s Core Hours and/or the Sub Committee should impose a last entry to the Premises of midnight.
Mr Charles Parsons, local resident addressed the Sub-Committee. He advised that this part of Covent Garden was very quiet and that the terminal hour applied for in this application was unacceptable to local residents. He advised that the Premises would encourage more people to come to the area which would result in anti-social behaviour on the streets.
Mr Anderson explained why the Applicant did not wish to have a last entry restriction on the Premises Licence. He confirmed that the Applicant was happy to restrict the outside drinking area to 21:00 hours. He did not consider it was necessary that any changes to the dispersal policy should come back to the Sub Committee as it was the Applicant’s document.
Mr Horatio Chance, Legal Advisor to the Sub Committee, discussed the proposed conditions with the Applicant, Responsible Authorities and Interested Parties. It was agreed that various modifications be made to some of the conditions, namely to conditions 4, 5, 6, 20, 22, 23, 27, 30, 31, 32, 33, 34 and 35. It was also agreed that additional conditions MC24, MC26, MC63 be added to the Premises Licence and these included the requirement to have a telephone number, bag search and drugs policy condition if the Sub-Committee were minded granting the application.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application.
The Sub-Committee noted that the Premises is to operate as a high-quality cocktail bar that is not located within the West End Cumulative Impact Zone so there is no policy presumption to refuse the application unless this conflicts with other polices in the City Council’s SLP and the failure to promote the licensing objectives.
However, the Premises does fall within the East Covent Garden SCZ placing an obligation on the Applicant to meet the requirements of Paragraph D53 on page 58 of the SLP. The Sub-Committee concluded on the evidence that the Applicant had demonstrated Paragraph D53 was met in terms of addressing such local issues regarding noise late at night by the offer of conditions, a dispersal policy and robust management procedures which would mitigate these concerns in practice.
The Sub-Committee noted that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives. The Sub-Committee also noted that the Applicant had agreed to liaise with residents on a regular basis and therefore imposed Model Condition MC24 on the premises licence requiring the Applicant to provide a telephone number for local residents.
In reaching its decision, the Sub-Committee took into consideration that conditions had been agreed with the Responsible Authorities. It welcomed the fact that the Applicant had listened to the concerns of the parties and agreed to reduce the terminal hour to 01:00, had provided a comprehensive dispersal policy that will help give a gradual dispersal of customers before the terminal hour and therefore promote both the public nuisance and crime and disorder licensing objectives.
The Sub-Committee concluded based on the evidence given by the Applicant that they would promote the licensing objectives with the offered conditions as these would mitigate the concerns raised by those who had objected to the application.
The Sub-Committee has attached the agreed Conditions with various modifications to some of the conditions, namely to conditions 4, 5, 6, 20, 22, 23, 27, 30, 31, 32, 33, 34 and 35 and now renumbered. The Sub Committee further imposed three additional conditions: MC24, MC26, MC63, these include the requirement to have a bag search and drugs policy condition and for smokers to be monitored. The Sub-Committee further imposed a last entry condition time of 00:00, smokers are to be limited to 15 people in accordance with condition 39 as specified below and for the Premises licence holder to ensure that there is a personal licence holder on duty from 21:00 hours each day.
The Sub-Committee considers all these above measures coupled with the various undertakings and assurances given by the Applicant that they are to be a competent and responsible operator by managing and running the Premises well to the highest standards will help promote the licensing objectives in particular both the public nuisance and crime and disorder licensing objectives.
The Sub Committee also noted that the Application was not now seeking the seasonal variations applied for as these had been amended accordingly.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the concerns of the CGCA and residents’ and would ultimately have the desired effect of promoting the licencing objective.
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 the individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for Live Music, Recorded Music, Performance of Dance, anything similar, (Indoors) Monday to Saturday 10:00 to 01:00
Sunday 10:00 to 00:30
2. To grant permission for Late Night Refreshment (Indoors) Monday to Saturday 23:00 to 01:00Sunday 23:00 to 00:30.
3. To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Saturday 10:00 to 01:00 Sunday 10:00 to 00:30
4. To grant permission for the Opening Hours of the Premises Monday to Saturday 10:00 to 01:30 Sunday 10:00 to 01:00 Seasonal variations:
Seasonal variations: An additional hour to the terminal hour on the day
before Bank Holidays. New Year’s Eve – from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
5. That the Licence is subject to any relevant mandatory conditions.
6. 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
7. 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 and will include the external area immediately outside the premises entrance. 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 preceding 31 day period.
8. A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS Hologram.
9. 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. (a) all crimes reported to the venue
b. (b) all ejections of patrons
c. (c) any complaints received regarding crime and disorder
d. (d) any incidents of disorder
e. (e) any faults in the CCTV system
f. (f) any refusal of the sale of alcohol
g. (g) any visit by a relevant authority or emergency service
10. The inner entrance lobby doors shall be kept closed after 22.00 hours or when regulated entertainment takes place, except for the immediate access and egress of persons.
11. After 21.00 hours all sales of alcohol for consumption off the premises shall be in sealed containers.
12. There shall be no sales of alcohol for consumption ‘Off’ the premises after 21.00 hours.
13. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
14. 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.
15. 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.
16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
17. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner so as to ensure that there is no public nuisance or obstruction of the public highway.
18. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
19. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
20. 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.
21. 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.
22. No deliveries to the premises shall take place between 20.00 and 08.00 hours on the following day.
23. No collections of waste or recycling materials (including bottles) from the premises shall take place between 20.00 and 08.00 hours on the following day.
24. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20.00 hours and 08.00 hours on the following day.
25. No licensable activities shall take place 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.
26. 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 with a maximum of 150 persons.
27. 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 the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
28. There shall be a minimum of not less than two SIA licensed door supervisors on duty from 20:00 hours, and an extra one SIA door supervisor on duty from 21:00, until close on a Thursday if the premises is to open until 01:00.
29. There shall be a minimum of not less than two SIA licensed door supervisor on duty from 20:00, and an extra one SIA door supervisor on duty from 21:00, hours until close on Fridays and Saturdays.
30. A minimum number of 80 seats shall be available within the premises at all times.
31. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
32. After 21:00, patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
33. 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.
34. All front of house staff at the premises shall receive Welfare and Vulnerability
Engagement (WAVE) training, or similar 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.
35. The premises licence holder shall ensure that:
a. All licensed SIA door staff on duty at premises shall be equipped with Body Worn Video (BWV), capable of recording audio and video in any light condition as per the minimum requirements of the Westminster Police Licensing Team.
b. All recordings shall be stored for a minimum period of 31 days with date and time stamping, and
c. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
36. The Premises Licence Holder shall at all times comply with the Dispersal and Egress Policy as shall be amended from time to time. Copies of the Policy shall be made readily available to the Police and the Licensing Authority upon request. The Policy shall be reviewed at least annually and whenever the Premises Licence Holder becomes aware of issues associated with the dispersal of customers.
37. There shall be a minimum of not less than one SIA licensed door supervisors on duty from 21:00 hours until close on any day the premise is open past midnight.
38. There shall be no consumption of alcohol or other drinks outside the premises after 21.00 hours.
39. After 21.00 hours persons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall be limited to 15 persons at any one time.
40. After 21.00 hours all persons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall be restricted to the smoking area on Burleigh Street.
41. 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.
42. All persons entering or re-entering the premises shall be risk assessed as to whether a search is to be undertaken by a SIA licensed member of staff and monitored by the premises CCTV System.
43. Queuing outside the Premises shall be restricted to a designated area located on Burleigh Street.
44. The premises licence holder shall ensure there is a personal licence holder on duty from 21:00 each day.
45. The premises will operate a search policy which will include searching all bags after 21:00 and otherwise searches will be risk assessed and a copy of will be made available to the Police and Local Authority upon request.
46. The Premises will operate a drugs policy which will be risk assessed and a copy will be made available to the Police and Local Authority upon request.
47. Last entry to the Premises shall be 00:00.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
19 January 2023
Supporting documents:
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Tequila Mockingbird_Redacted, item 2.
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Tequila Mockingbird, item 2.
PDF 1 MB
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