Agenda item

The Box, 11-12 Walker’s Court, London, W1F 0ED

23/03185/LISEVR

1.

Renewal of Sexual Entertainment Venue Premises Licence 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 Too 2 Much Ltd to operate the Premises as a sexual entertainment venue between the hours of 09:00 to 04:00 on each of the days Monday to Saturday and 09:00 to 00:30 on Sundays.

Amendments to application advised at hearing:

None

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

The Presenting Officer Jessica Donovanrepresenting the Licensing Service, introduced the report. She advised that this was an application for a Renewal of a Sexual Entertainment Venue Premises Licence made on behalf of the Applicant, Too 2 Much Limited in respect of The Box, 11-12 Walker’s Court, London, W1F 0ED. She further advised that two objections had been received from a local resident against the application and one in support.

Mr Baylis, representing the Applicant, advised that this was a renewal of its licence which had been done on an annual basis. Mr Baylis advised that he was concerned that every year the SEV is applied for one resident objection is submitted every year on grounds that are unrelated to SEV. He said that the objection is about noise and dispersal and in the unlikely event that the renewal application were refused there still exists a Premises Licence under the provisions of the Licensing Act 2003 so there is no evidence for a refusal of the application.

Mr Baylis stated that a journalist had visited Premises and seemed to think this was a review hearing and not a renewal and wanted to make that particular point on record. He said that there is no linkage of activity permitted by the SEV and the residents objection.

In answer to Mr Baylis query regarding matters raised unrelated to the SEV by objectors Ms Daisy Gadd Policy Advisor to the Sub-Committee stated that the Licensing Authority can contact objectors to discuss what other alternative routes they can take to raise concerns of noise nuisance so as to avoid these types of issues cropping up on a regular basis.

However, the Sub-Committee did also state that objectors are free to write what they want in their objection and this could not be restricted.

Mr Aasim Chaudhri General Manager on behalf of the Licence Holder addressed the Sub-Committee. He advised that the noise nuisance complained off is an issue within the area generally and not specific to these Premises. He explained that there was gang crime issues in the area also which added to nuisance problems and crime.

Mr Chaudhri advised that when people are leaving the Premises, it is the usual practice of the Premises to allow for one hour to get patrons to leave so you have a slow gradual dispersal where most patrons will leave via the Brewer Street exit. Mr Chaudri said that there are 10 SIA on duty per evening and 6 of those are designated to assist people leaving.

The Sub-Committee noted that the Premises had robust procedures in place when it came to its management practices and daily running of the Premises.

In response to Mr Baylis questions the Chair of the Sub-Committee advised that there will be a policy review in the future of the Sexual Entertainment Venues Statement of Licensing Policy (2012) and that the Members of the Sub-Committee are well versed in knowing what matters are relevant when considering objections and how much weight should be attached to them so the licence holder should be reassured of the decision-making process.

Mr Horatio Chance the Legal Advisor to the Sub-Committee emphasised that the role of the Sub-Committee is to determine the application on its merits and reaffirmed the above view regarding what weight should be attached to objections. He also stated that it was abundantly clear from the application and the rest of the papers that the application was for the renewal of the SEV licence and not a Review so there could be no confusion here.

The Sub-Committee noted that there had been problems with gangs in the area which target customers when leaving licensed premises but this was an ongoing problem in the area and the responsibility of the Police. In terms of the Premises security arrangements the Sub-Committee noted that there is always SIA security monitoring the outside of the Premises ensuring that customers are kept safe within the defined zone of the Premises.

The Sub-Committee noted that this was an application for a renewal of the Applicants SEV licence and in its determination of the matter 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 had not been exceeded and that there had been no complaints made regarding the Premises.

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

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 there had been no local objections or breaches of the Premises Licence and 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 Metropolitan Police Crime Prevention Officer 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.

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.      At least one SIA registered door supervisor shall be permanently employed in the first floor licensed area of the premises and at least one permanently employed in the area providing entrance to the basement area. In addition, on such occasions that both floors are used for nude cabaret or nude table side dancing two additional door supervisors shall be so employed.

25.      In the first-floor theatre and basement area (a) nude cabaret may be provided and (b) nude table side dancing may be provided. For the avoidance of doubt, nude table side dancing is the performance of dance, either nude or partially nude, for customers seated

at a table.

26.      The number of persons permitted in the premises (excluding staff) shall not exceed 288 at any one time.

27.      Notwithstanding standard condition 17, necessary contact in order to perform skilled dance or acrobatic routines is permitted.

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

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

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

31.      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.

32.      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.

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

34.      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 fire works

ii. firearms

iii. lasers

iv. explosives and highly flammable substances

v. real flame

vi. strobe lighting

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

The Licensing Sub-Committee

10 August 2023