Agenda item

La Capannina, Basement, 21 Bateman Street, London, W1D 3AL 23/00288/LISEVR

1.

Application for a a Renewal of a Sexual Entertainment Venue La Capannina, Basement, 21 Bateman Street, London, W1D 3AL under the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009)

The Sub-Committee has determined an application for a Renewal of a Sexual Entertainment Venue Premises Licence made by Goldhonour Limited to operate the Premises as a Sexual Entertainment Venue (“SEV”) between the hours of Monday to Saturday 10:00 to 03:00 Sunday 10:00 to 00:00

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The Presenting Officer Ms Haq outlined the application to the Sub-Committee. She advised that this wasan application for a Renewal of a Sexual Entertainment Venue Licence in respect of the Premises La Capannina, Basement, 21 Bateman Street, London, W1D 3AL. The Applicant is Goldhonour Limited represented by Julian Skeens with Peter Eyre the Designated Premises Supervisor whose in attendance. Representations have been received by one interested party who is represented by Mr Richard Brown of the Westminster Licensing Project and in attendance.

Mr Skeens appearing on behalf of the Applicant addressed the Sub-Committee. He advised that the SEV renewal has never been represented to before. He drew the Sub-Committee’s attention to the objection at pages 82 and 83 of the agenda report which specifically relates to the Premises operating as a SEV.

Mr Skeens said that he did not recognise the nature of the complaint from the local resident. For the benefit of the Sub-Committee Mr Skeens went onto explain the daily operation of the Premises. He confirmed that the Premises operated with two registered SIA door staff and that the night club operation has a DJ with a terminal hour of 03:00 with no live entertainment provided.

In answer to questions from the Sub-Committee Mr Skeens advised that there was an established procedure in place for lost property along with dispersal and others. A telephone number is provided and customers can call the next day if they have lost anything. He said that Mr Eyre the current DPS of the Premises was an experienced member of staff with a wealth of experience running licensed premises.

The Sub-Committee queried the name of the club and why the Premises changed from an SEV to a nightclub. Mr Skeens advised that the Covid-19 pandemic changed the operation and the Applicant now feels the Premises has more of a need for a night club operation. There are no plans to go back to a SEV. Mr Skeens said that the Applicant wanted to preserve his position by keeping the SEV licence as this was an asset of value.

Mr Brown appearing on behalf of the objector addressed the Sub-Committee. He advised that the objector was present to give evidence and answer questions but wished to remain anonymous.

Mr Brown stated that the objector had been kept awake from noise of a female standing on Bateman Street touting for business. This activity stopped around 20 February. However, the objection was passed to the Applicant around 22 February.

Mr Brown advised that a City Inspector visited the Premises recently on 18 March and did not witness this specific issue of touting. He said the objector does feel he may have seen the female a couple of nights ago but was not touting.

Mr Brown stated that the issue of touting needs to be seen in the wider context and is a breach of the condition on the SEV Licence. He said if the issue returns, then there is a mechanism of enforcement for breach.

The objector addressed the Sub-Committee. He advised there seems to be different types of people that are flooding the streets post Covid and is worried that in his opinion the streets are becoming unsafe. He drew the Sub-Committee’s attention to the following concerns:-

·       There are Hot spots for localised drug dealing.

·       On the 1 February someone was attacked.

·       On the 17 March two off duty police officers were attacked.

·       The whole area is not policed, and is dangerous.

·       Something needs to be done immediately before we see the first death in the area.

Mr Brown requested that if the Applicant were to change his mind and decide to operate the Premises as an SEV it would be good practice for the Applicant to alert the Licensing Authority by writing in and confirming the position.

At this point Mr Skeens confirmed that the Applicant was prepared to do this. In addition, Mr Skeens confirmed that the Premises was managed well. City Inspectors had only made three visits to the Premises in the last quarter and that the Premises Licence under the Licensing Act 2003 is being used now and has conditions that are being complied with.

Mr Horatio Chance the Legal Advisor to the Sub-Committee suggested a proposed condition for lost property should the application be granted. This read “The Licence Holder shall maintain and keep a register for lost property at the premises which is to be made available for inspection by Officers of the Council’. 

Mr Skeens advised that rather than a condition be imposed on the SEV licence he was more than happy to provide an undertaking in this respect.

The Sub-Committee having carefully considered the matter and the evidence on its individual merits decided to grant the renewal of the Applicant’s SEV Licence. In its determination of the matter the Sub-Committee considered all relevant factors namely the locality of the venue and its surrounding premises such as schools and places of worships.

The Sub-Committee noted that the number of sexual entertainment venues permitted within the Council’s Sexual Entertainment Venues Statement of Licensing Policy (“The SEV Policy”) had not been exceeded.

The Sub-Committee had regard to the objection at Appendix D of the Report.

The Sub-Committee concluded based on the evidence that the licence holder would promote the aims and objectives identified at Paragraph 1.7 on page 5 of the SEV Policy with the offered conditions as these would help mitigate the concerns raised by the one objector who objected to the application.

The Sub-Committee noted that since the Covid-19 pandemic the Premises has not been operating as an SEV due to a lack of demand but that the rationale for renewal was so that the licence holder could retain its licence as a valuable asset.

The Sub-Committee noted that should the licence holder’s business model change at some stage in the future he agreed to write to the Licensing Authority expressing a desire to run the Premises as an SEV.

The Sub-Committee accepted an Undertaking from the licence holder to the effect that the Premises is to maintain a register for lost property at the Premises which shall be kept regularly updated and made readily available for inspection by officers of the Council.

The Sub-Committee in its determination of the matter had regard to all the oral submissions made at the hearing and to all the written documentation that had been submitted. The Sub-Committee noted that none of the Responsible Authorities had objected to the application.

The Sub-Committee, therefore, granted the Renewal of the Sexual Entertainment Premises Licence subject to the Standard Conditions applicable to licences for sex establishments in Westminster as prescribed by the Council pursuant to Paragraph 13 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 and the additional conditions imposed on the Premises Licence as specified below.

Standard Conditions

1.        Whilst Relevant Entertainment is taking place no person under the age of 18 shall be on the licensed premises and a clear notice to that effect shall be displayed at the entrance in a prominent position so that it can be easily read by persons entering the premises.

2.        Whenever persons under the age of 18 are admitted to the premises there will be no promotional or other material on display within the premises which depicts nudity or partial nudity.

3.        The licence or a clear copy shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises.

4.        No provision of relevant entertainment, or material depicting nudity or relevant entertainment, shall be visible from outside the premises.

5.        Menus and drinks price lists shall be clearly displayed at the front entrance of the club, reception area, tables and bar at such a position and size as to be easily read by customers. This price list shall show all consumable items and any minimum tariff including charges and fees applicable to Performers.

6.        Except with the consent of the Licensing Authority, no advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) shall be inscribed or affixed at the premises, on the surface of the highway or on any building, structure, works, street furniture, tree or any other property or be distributed in the street to the public that advertises or promotes the relevant entertainment at the premises.

7.        The licence holder or other person concerned in the conduct or management of the premises shall not seek to obtain custom by means of personal solicitation or touting, nor enter into any agreement with a third party to do so.

8.        Adequate toilets, washing and changing facilities for use by the Performers shall be provided.

9.        Either the licence holder or a named responsible person shall be present throughout the time the Relevant Entertainment takes place.

10.      The premises will install and maintain a comprehensive CCTV system as per the minimum requirements of a Westminster Police Licensing Team that ensures all areas of the licensed premises are monitored including all entry and exit points will be covered enabling frontal identification of every person entering any light condition. All cameras shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period together with facilities for viewing

11.      A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public and this staff member should be able to show Police recent data and footage with the absolute minimum of delay of the request.

12.      An incident log shall be kept at the premises, and made available on request to the Licensing Authority or the Police, which will record the following: (a) all crimes reported to the venue; (b) all ejections of patrons; (c) any complaints received; (d) any incidents of disorder; (e) seizures of drugs or offensive weapons; (f) any faults in the CCTV system or searching equipment or scanning equipment; (g) any refusal of the sale of alcohol; (h) any visit by a relevant authority or emergency service; (i) any breach of licence conditions reported by a Performer

13.      The licence holder shall produce a Code of Conduct setting out rules and obligations between the licence holder and performers whilst performing. All Performers shall sign the Code of Conduct in their proper name acknowledging that they have read, understood and are prepared to abide by the said Code of Conduct, and a copy so signed shall be retained by the licence holder and shall be readily available for inspection by the Police and/or authorised persons upon reasonable request.

14.      Individual records shall be kept at the premises of the real names, stage names and addresses of all Performers working at the premises. The record will include either a copy of their birth certificate, current passport, EU driving licence or national identity card and shall be made immediately available for inspection by the Police and/or the Licensing Authority upon request.

15.      Details of all work permits and/or immigration status relating to persons working at the premises shall be retained by the licence holder and be readily available for inspection by the Licensing Authority, a Police Officer or Immigration Officer.

16.      Relevant entertainment shall be given only by performers and the audience shall not be permitted to participate in the relevant entertainment.

17.      There shall be no physical contact between Performers whilst performing.

18.      Performers will not request or give out any telephone number, address or any other contact information from or to any customer. Any such information given by a customer shall be surrendered to the premises manager as soon as is practicable.

19.      Relevant Entertainment shall take place only in the designated areas approved by the Licensing Authority as shown on the licence plan. Arrangements for access to the dressing room shall be maintained at all times whilst Relevant Entertainment is taking place and immediately thereafter.

20.      Customers must remain fully clothed at all times. The Performer must not remove any of the customer’s clothing at any time.

21.      Where relevant entertainment is provided in booths, or other areas of the premises where private performances are provided, the booth or area shall not have a door or other similar closure, the area shall be constantly monitored by CCTV, and access to the booth or other area shall be adequately supervised. There shall be door staff on duty near the booths at all times when they are in use.

22.      Whenever Relevant Entertainment is being provided there shall be no physical contact between Performers and customers or between customers and Performers except for the exchanging of money or tokens at the beginning or conclusion of the performance and only for the purpose of that performance. Clearly legible notices to this effect shall clearly be displayed in each private booth and in any performance area.

23.      Performers must redress fully immediately after each performance.

Additional conditions

24.      The maximum number of persons accommodated at any one time (excluding

staff) shall not exceed 50 persons.

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

open other than by an approved device.

26.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

27.      Curtains and hangings shall be arranged so as not to obstruct emergency signs.

28.      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.

29.      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.

30.      All exit doors shall be available at all material times without the use of a key,

code, card or similar means.

31.      Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

(i) Pyrotechnics including fireworks.

(ii) Firearms.

(iii) Lasers.

(iv) Explosives and highly flammable substances.

(v) Real flame.

(vi) Strobe lighting.

32.      No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

33.      No relevant entertainment shall take place at the premises until the premises has been inspected to the satisfaction of the Licensing Service and Environmental Health Service.

Definitions

Relevant Entertainment is defined as:

(a) any live performance or

(b) any live display of nudity

which is of a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).

Performer is defined as any person operating at a sexual entertainment venue who carries out any activity falling within the definition of Relevant Entertainment.

The Licensing Sub-Committee

23 March 2023