Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s *  West End   ** None	Alberts Schloss, 20-24 Shaftesbury Avenue     W1D 7EU	Variation to the Premises Licence	23/00414/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

Thursday 20 April 2023

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Jacqui Wilkinson.

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

Other Parties:          Ms Lisa Sharkey - Poppleston Allen Solicitors (Solicitor for the Applicant), Mr Godfrey Russell (Director of Property at Mission Mars on behalf of Zecol Thomas Limited), Mr Kevin Jackaman (Licensing Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing The Soho Society) and Ms Marina Tempia (The Soho Society), Councillor Tim Mitchell.

 

Application for a variation of a Premises Licence for Alberts Schloss, 20-24 Shaftesbury Avenue, London W1D 7EU- 23/00414/LIPV – Agenda Item 2

 

Premises: 

 

Albert Schloss

20-24 Shaftesbury Avenue,

London

W1D 7EU

 

Applicant

 

Zecol Thomas Limited

 

 

Ward

 

St James’s

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone:

 

None

 

Proposed Variation and Licensable Activities and Hours

 

1.     To vary the licensed areas from the sub-basement and basement to the ground floor and basement.

2.     To remove all conditions contained in annex 1 and 3

3.     To add new conditions with a new maximum capacity

4.     To add plays Mondays to Sunday 09.00 to 03.00

5.     To vary the current permitted hours for the sale of alcohol on Sundays to 10.00 to 00.00.

 

Summary of Application.

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”).  The Applicant is seeking a variation of the existing Premises Licence.

 

The Premises already has the benefit of a café licence and subject to the outcome of Agenda item 1, the premises could also have a Shadow Licence which mirrors this primary Premises Licence in its current form.

 

The premises also has the benefit of a secondary Premises Licence granted June 2022. This permits the premises to trade as a restaurant.

 

The Applicant has withdrawn any changes to the existing capacity of the Premises and the request for a later terminal hour on Sundays. The Application relates to the ground floor and basement area of the Premises.

 

It should be noted that this current primary Premises Licence is subject of conditions on a Premises Licence for the Sky Bar and Lounge, Coventry Street (Conditions 65 and 66). The Sky Bar and Lounge is not yet trading but have a Premises Licence to allow trade until 03.30, subject to this Premises Licence 20-24 Shaftesbury Avenue, being surrendered.

 

However, the Shadow Licence will remain in place at Albert Schloss as this is not subject of the Premises Licence at The Sky Bar and Lounge.

 

There are no representations form the Metropolitan Police.

 

 

Cumulative Impact Zone

 

West End

 

Special Consideration Zone:

 

None

 

There is a resident count of 24

 

Representations Received

 

·       Ms Karyn Abbott (Licensing Authority)

·       Mr Ian Watson (Environmental Health Services)

·       PC Tom Stewart (Met Police – Withdrawn 7 March)

·       Ms Sarah O (Resident)

·       Councillor Tim Mitchell (St James’s Ward)

·       Ms Marina Tempia (Soho Society Residents Association)

 

Issues raised by Objectors

 

Licensing Authority

 

The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1 and RNT2.

 

It is noted that the applicant has proposed the below condition within the operating schedule.

 

1. The licensable activities authorised and provided at the premises shall be ancillary to the main function of the premises operating as an Albert’s Schloss themed entertainment led venue operated by Zecol Thomas Limited.

 

The Licensing Authority has reviewed the application against Licence number

22/04957/LIPDPS and has noted that the application has not been made on the exact terms and conditions as the current issued licence.

 

Environmental Health

 

Wish to make the following representation:

 

1. The variation of the layout of the premises will impact on Public Safety and have the likely effect of causing an increase in Public Nuisance within the West End CIZ.

2. The removal, variation and addition of conditions will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the West End CIZ.

3. The proposed increase in capacity will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the West End CIZ.

4. The variation of hours on a Sunday will have the likely effect of causing an increase in Public Nuisance within the West End CIZ.

5. The addition of plays as regulated entertainment will impact on Public Safety within the West End CIZ.

 

Residents, Councillor Mitchell and the Soho Society

 

Noise nuisance is caused during the early hours of the morning.

 

Concerns about the impact of a larger capacity at the premises and the negative effect on the CIZ area

 

This licence was offered as one of the licences for surrender when Sky Bar and Lounge, Trocadero Hotel, applied for a 3am licence (21/06624/LIPN). On 11th November 2021 the Licensing Sub-Committee granted the 3am. This applicant Trocadero (London) Hotel Ltd stated an application for a midnight restaurant licence would be made to replace the current 3am licence, to date this application has not be submitted.

 

The Sky Bar decision document makes reference to this agreement with Conditions 65 and 66 stating the following;

 

65: The applicants contend that this application can be treated as an exception to policy upon the basis of the following:

 

(a) Premises Licence 15/02410/LIPT relating to 1-4 Leicester

Square (which the first applicant previously offered to surrender when Licence 18/00656/LIPN was granted), together with Licence 18/00656/LIPN, will be surrendered subject to the grant of this application.

(b)Premises Licence 20/03425/LIPDPS relating to the Rainforest Cafe

at 20-24 Shaftesbury Avenue will be surrendered by the first applicant, subject to the grant of the linked ap-plication described below (66a) and the satisfaction of works conditions relating to this application and the application described at 66(a);

(c) The capacity for the Piccadilly Institute stated within Premises Licences 19/09064/LIPN and 21/04481/LIPDPS shall be reduced by 380 as a result of the linked application described below 66b.

 

66: To support the exception to policy argument, the below linked applications will be submitted following the grant of this licence application:

 

(a) New Premises Licence application for the Rainforest Café at 20-24 Shaftesbury Avenue authorising the use of the premises as a restaurant (with a holding bar) until midnight.

(b) Two minor variation applications to reduce the capacity of the Piccadilly Institute by 380 persons. Conditions 65 and 66 above to be removed upon satisfaction of the works conditions at 62 and 63 above, and to a works condition which will be incorporated in the application referred to at Condition 65 (b).

 

The residents state that the proposal that the licensable activities provided at the premises shall be ancillary to the main function of the premises operating as a themed entertainment led venue is wrong and the primary function is the sale of alcohol where ‘substantial food' will be available and where there will be some entertainment, but it will not be the main focus.

 

They assert that the application does not fall within the Cinema, Cultural Venues, Live Sporting Premises and Outdoor Spaces Policy but within the Pubs and Bars Policy PB1 and this is an attempt to circumvent this policy.

 

They are concerned with the proposed condition to allow queuing outside the premises and along Shaftesbury Avenue which is a major thoroughfare and where any obstruction will have a significant and negative impact. A queue will impede the free flow of pedestrians on the highway and will result in people walking in the road placing them risk. They also object to the proposal to allow 35 people to stand outside the premises and smoke on the same grounds.

 

The Soho Society also object on the grounds this licence will fail to promote the licensing objectives and the increase in cumulative impact in the West End Cumulative Impact Zone.

 

 

 

 

Policy Considerations

 

CIP1

 

A. 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 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.

 

2. Whether there is residential accommodation in the proximity of

the premises.

3. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.

 

4. The existing hours of licensable premises in the vicinity.

5. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.

6. The capacity of the premises.

7. The type of use, recognising that some venues are more likely to

impact the licensing objectives than others.

8. 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.

 

C. For the purpose of Clause B, the Core Hours for this premises use type as defined within this policy are:

 

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

 

Policy PB1

 

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 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

 

Ms Emanuela Meloyan outlined the application to the Committee. She advised that representations had been received from the Licensing Authority, residents, Cllr Tim Mitchell and The Soho Society, represented by Mr Brown.

 

The Committee was informed that the Premises is located within the St James’s Ward and the West End Cumulative Impact Area but was not in a Special Consideration Zone.  She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.

 

Ms Lisa Sharkey on behalf of the Applicant outlined the application before the Committee.  The Application is to relocate the licensed areas from the sub-basement and basement to the ground floor and basement.

 

Ms Sharkey informed the Committee that the operation is an entertainment led venue as shown in the agenda papers from 135 onwards. It is not just a restaurant and bar but £25K per week is spent on entertainment. The age profile is 25 to 75 and the commitment to this project is shown by way of a 25 year lease and £6 million refurbishment. A surrender condition on the licence, if granted, is inappropriate. The Applicant would not want to commit to a premises if there was any risk of having that licence surrendered.

 

In response to questions from the Committee, Ms Sharkey confirmed that the premises would be open for breakfast, lunch and dinner. There is no payment to enter, nor will the Premises operate a ticket only venue.

 

The Applicant confirmed that there would be merchandise and a bakery on the ground floor and this area will not look like a bar from the street view. Approximately 54 customers will all be seated in that area.

 

Mr Jackaman for the Licensing Authority confirmed that the premises falls under Westminster’s CIZ policy and the application is to be refused unless the Applicant can show exceptional circumstances. Mr Jackman explained that he was concerned that the Premises will have a number of Premises Licenses, and this would cause an enforcement issue. The Authority has to be sure which Premises Licence is being operated at the Premises.

 

The Committee were informed that Mr Jackaman had no concerns about the application as the Premises Licence would be a better licence but he will like a similar ‘surrender’ condition as requested in the Authority’s representations.

 

Mr Watson of the EH services advised the Committee that a pre-application advice has been conducted and the main concern was noise breakout. A lobby has been proposed and a number of conditions agreed preventing the premises from operating as a nightclub.

 

Mr Brown, confirmed to the Committee that the new varied licence is a better authority that the existing licence. However, condition 24 fails to reference substantial refreshment which was a requirement in the existing licence. He would like to see that added to condition 24. He also expressed concerns that the Premises Licence for the Sky Lounge references the surrender of this varied licence of granted. The Licensing Sub-Committee’s rationale for granting the licence for Sky Bar as an exception to the policy to refuse such applications included the proposal to surrender the licence for basement and sub-basement of 20-24 Shaftesbury Avenue. Any Application to vary the surrender condition on the Sky Bar licence, relies on his clients, the Soho Society being aware of that application. Mr Brown agreed with the Licensing Authority that a suitable surrender condition should be added to his variation if granted.

 

Mr Brown also identified to the Committee that queuing outside the Premises can cause an issue and therefore he would like to hear how this would be managed.

 

Councillor Mitchell then addressed the Committee and reminded them that the Premises is located in a CIZ where there is a number of licensed premises and the policy is to refuse unless exceptional circumstance are shown, Since the application has been amended and he is pleased but he maintains his representations because of the volume of licensed premises in the area.

 

In response to questions from the Committee, Mr Brown requires the varied Premises Licence to be available for surrender when the Sky Bar commences operation or a condition which references the Shadow Premises Licence previously granted. A condition should be attached to ensure this and Mr Jackaman’ s proposed condition was suitable for this purpose.

 

Ms Sharkey for the Applicant informed the Committee that door staff would be on duty and barriers would be used to control smokers. The current Premises Licence does not have a capacity for smokers, but there is a proposed condition restricting smokers to 35. She also stated that a surrender condition on this Premises Licence would not work. The Applicant has no control over the shadow licence as the shadow licence is in the name of the landlord and a condition compelling this operator to surrender the shadow licence would not be enforceable. The landlord will have to return to a Licensing Sub-Committee to offer something with similar hours and capacity when they intend to operate the Sky Bar. This varied licence will not be surrendered. Ms Sharkey agreed with the amended condition 24 as proposed by Mr Burnett, Legal Advisor to the Committee. She rejected the need for substantial food being added to condition 24. This condition is restrictive enough and is specific to Albert Schloss. Ms Sharkey, with the agreement of all parties, agreed to the deletion of condition 23.

 

Ms Shakey added that the Premises would not be able to trade under previous Premises Licenses or the shadow licence, as the approved plans covered the basement and sub-basement areas. This varied licence seeks to licence the ground floor and basement. Enforcement will therefore not be an issue.

 

The Committee noted that this variation provided a Premises Licence with terms that promoted the licensing objectives. The proposal is to make the licence specific to a certain type of operation and specific to an operator, detailed in condition 24.

 

The Committee note that there are no changes to the hours of operation or capacity of the Premises. The application is to add plays, amend the layout and amend the start time for the sale of alcohol to 10.00 am. It is noted that the Applicant has taken a long lease on the Premises and intend to operate an entertainment led venue. The Premises previously traded as a nightclub.

 

Albert Schloss has no control over the surrender of a shadow licence which is held by the Landlord. It will be the Landlords responsibility to ensure they satisfy the Licensing Authority that appropriate Premises Licenses are surrendered to satisfy the relevant conditions on the Sky Bar licence before the Sky Bar operates.

 

 

DECISION

 

Application GRANTED subject to the following conditions in addition to the Mandatory Conditions applicable to this application

 

The Committee has determined an application for a grant of a variation of a Premises Licence under the Licensing Act 2003.

 

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

 

 

1.     To grant permission for:

 

a)    Plays (indoors)

 

Monday to Sunday:  from 09.00 until 03.00

 

The premises may remain open for licensable activities from the end of permitted hours on New Year’s Eve to the start of permitted activities on New Year’s Day.

 

In relation to the morning on which British Summertime begins the terminal hour for licensable activities and opening will be extended by 1 hour.

 

b)    Alcohol (On and off sales)

 

Sundays from 10.00 to 22.30

 

c)     The variation of the approved plans to relocate the licensed areas from the sub-basement and basement to the ground floor and basement.

 

d)    The removal of conditions contained in Annex 1 and 3 of the existing Premises Licence

 

e)    Addition of condition:

 

2.     Relevant Mandatory Conditions to apply

 

3.     Conditions consistent with the operating schedule and agreed with the Applicant:

 

 

24. The sale of alcohol shall be ancillary to the premises primary function as an Albert Schloss themed and entertainment led venue operated by Zecol Thomas Limited.

 

For the purpose of this condition, entertainment led venue means a venue providing performance of plays, other live performances (including DJ) or similar entertainment to an audience.

 

25. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

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

 

27. No open containers of drink shall be allowed outside the premises and there shall be no consumption of drink directly outside the premises.

 

28. 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 shall 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 shall 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 entire 31-day period.

 

29. 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.

 

30. 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 shall record the following:

 

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received regarding crime disorder

(d) any incidents of disorder

(e) any faults in the CCTV system

(f) any refusal of the sale of alcohol

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

 

31. 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 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.

 

32. From 21.00 hours on Thursday, Friday and Saturday, a minimum of six SIA licensed door supervisors shall be on duty at the entrance of the premises at all times whilst it is open for business, and they must correctly display their SIA licence(s) when on duty so as to be visible. At all other times, the requirement for SIA licensed door supervisors shall be risk- assessed.

 

33. The premises may remain open for licensable activities from the end of permitted hours on New Year’s Eve to the start of permitted activities on New Year’s Day.

 

34. In relation to the morning on which British Summertime begins the terminal hour for licensable activities and opening shall be extended by 1 hour.

 

35. 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.

 

36. Loudspeakers shall not be located in the entrance lobby or outside the premise building.

 

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

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

health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

38. 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.

 

39. There shall be no sales of alcohol for consumption ‘Off’ the premises after 23:00 hours each day.

 

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

 

41. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual

Entertainment Venue licence.

 

42. 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 and shall be limited to a maximum of 35 persons at any one time.

 

43. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

44. All windows and external doors shall be kept closed after 23:00 hours each day, except for the immediate access and egress of persons.

 

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

 

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

 

47. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the need of local residents and use the area quietly.

 

48. 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.

 

49. No collection of waste or recycling materials (including bottle) from the premises shall take place between 23:00 and 07:00 hours on the following day.

 

50. No deliveries to the premises shall take place between 23:00 and 07:00 hours on the following day.

 

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

 

52. 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.

 

53. 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.

54. All emergency exit doors shall be available at all material times without the use of a key, code, card, or similar means.

 

55. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

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

conspicuous.

 

57. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

58. The premises shall implement a comprehensive dispersal policy and all relevant staff shall be trained in its implementation. The Policy shall be reviewed regularly and whenever the Licensee becomes aware of issues associated with dispersal.

 

59. No person on behalf of the premises or on behalf of a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited within the specified area.

[For the purpose of this condition:

‘Directly’ means - employ, have control of or instruct.

‘Indirectly’ means - allowing / permitting the service of or through a third party.

‘Specified' Area’ means - the area encompassed within (insert name of boundary roads].

 

60. 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.

 

61. 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.

 

62. 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).

 

63. 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. Door staff and Body worn video shall be in use.

 

64. (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.

 

65. Searching of customers shall be based on risk assessment by designated security. Such searching to be supplemented using two functional metal detecting wands and to be covered by premises CCTV.

 

66. In the event that an assault involving an injury of a sexual nature is committed on the premises (or appears to have been committed), the management shall 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.

 

67. 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.

 

68. After 22:00, all security engaged outside the entrance to the premises, or supervising or controlling queues outside the premises, shall wear high visibility arm bands and 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.

 

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

 

70. 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.

 

71. 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.

 

72. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. Such capacity shall not exceed 620 persons (excluding staff).

 

73. Before the premises open to the public, the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.

 

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee

20 April 2023