Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * None   ** West End Buffer	Reign 215-217 Piccadilly W1J 9HN	Premises Licence Variation	23/02872/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 17 August 2023

 

          

Membership:           Councillor Maggie Carmen (Chair),

Councillor Concia Albert

Councillor Melvyn Caplan

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Jack Robinson Young

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Lana Tricker, LT Law (Solicitor for the Applicant, Strongarm Holdings Limited)

Scott Chester (Owner),

David Diez (Operations)

.

PC Adam Deweltz – Metropolitan Police Services (MPS)

 

 

Application for a variation of a Premises Licence for Reign, 215 - 217 Piccadilly, London W1J 9HN - 23/02872/LIPV

 

 

FULL DECISION

 

 

Premises: 

 

Reign

215 - 217 Piccadilly

London

W1J 9HN

 

Applicant

 

Strongarm Holdings Limited

 

Ward

 

St James’s

 

Cumulative Impact Zone.

 

None

 

Special Consideration Zone:

 

West End Buffer Zone

Summary of Application

 

This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”).  The premises operates as a Night club.

 

There is a resident count of 43

 

This variation application seeks to permit the following:

 

To extended hours on an ongoing basis (the same hours as previously granted on the time limited basis to 17th August 2023), with the same conditions previously granted.

 

a) extend terminal hour for Saturday trade for existing licensable activities to 6am (alcohol sales and Late night refreshment to 5am)

 

b) Add new conditions:

 

1) A premises dispersal policy shall in force at the premises and a copy be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

2) On Saturday trade there shall be a designated welfare officer appointed (separate to SIA functions) to monitor and address concerning behaviour and conduct of patrons within the premises and on dispersal.

 

3) On Saturday trade there shall be no entry or re-entry (excluding persons from the smoking area) to the premises after 03:00 on Sunday morning

 

4) On Saturday trade there shall be at least 2 personal licence holders on duty at the premises.

 

5) On Saturday trade from 2 a.m. until 30 minutes after closure of the premises the security deployment shall specifically include:

 

a)    supervision of the egress of customers from the club and entry into a taxi or private hire vehicles by a member of management and a Security Industry Authority licensed officer

 

b) patrol of patrons between the premises and the entrance to Piccadilly Circus Station by one Security Industry Authority licensed officer. The said officers shall wear hi vis jackets and a minimum of 2 body worn cameras shall be in use.

 

6) Vary condition 55 so as to remove Saturday trade from condition 55 (previously suspended for Saturdays) so it would read "On Sunday to Friday trade there shall be no entry or re-entry (excluding persons from the smoking area) to the premises after 02:30 or such time as agreed in writing by the

Westminster Police Licensing Unit (and a copy of any agreement to be held at reception). "

 

c. The licence hours Sun-Fri shall remain as existing- no change

 

Representations Received

 

·       PC Adam Deweltz – Metropolitan Police Service

 

Issues raised by Objector

 

The licensed premises is situated within Westminster’s Special Consideration Zone (West End Buffer SCZ) and borders Westminster’s Cumulative Impact Area. Therefore, there is a concern regarding customers drinking alcohol for a longer period, becoming intoxicated and then potentially being victims of robbery, theft and anti-social behaviour, which is prevalent in this area.

 

Policy Considerations

 

Under Policy HRS1, applications for hours within the Core Hours would generally be granted.  Applications for hours outside Core Hours would be considered on their merits, subject to other relevant policies.

 

Under Policy MD1(A) applications outside the CIZ will normally be granted subject to Policy CD1, PS1, PN1, CH1, HRS1 and that the operation of the venue meeting the definition of music and dance premises as per Clause D

 

Under Policy SCZ1, in addition to meeting the other policies, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the West End Buffer Zone and should set out any proposed mitigation measures.

 

SUBMISSIONS AND REASONS

 

1)    Jessica Donovan, the Presenting Officer introduced the application.

 

2)    Lana Tricker for the Applicant introduced Scott Chester and David Diez from the Applicant Company, who were available to provide assistance to the Committee.

 

3)    Ms Tricker advised the Committee that this was an application for an extension to the terminal time for licensable activities on Saturdays along with proposed conditions which mirror the temporary extension and conditions which ceases today, 17 August.

 

4)    Ms Tricker highlighted the following points:

 

1)    The premises traded under Temporary Event Notices (TEN’s) on 14 occasions and under the time limited Premises Licence without complaints.

2)    There are no residential objections

3)    The police will be able to confirm that the operation is not a ‘crime generator’ and if there were incidents, the matter was dealt with in a professional way.

4)    Potential nuisance is controlled:

 

a)    Queues are monitored by door supervisors

b)    No noise breakout at music is in the basement and subject to a noise limiter.

c)     Customers cannot drink outside

d)    No dispersal issues. Customers filter away and only around 40 – 50 patrons were found to remain on the premises at the end of the night.

e)    The outside area is patrolled by staff and customers escorted to they taxis/cars

 

5)    There is an extensive list of conditions, the premises is well managed, waiter service provided, operational manual, training for staff.

6)    Conditions submitted relates to dispersal and use of a welfare officer.

7)    The premises is not in a CIZ.

 

5)    The Committee were informed very few customers ‘’just turn up’’ at the premises and they would have to pay an entrance fee. Most customers had booked in advance. Many patrons are also known to the management or have been vetted.

 

6)    In response to further questions from the Members, Ms Tricker advised that the premises is a high-end venue and the operators coordinated ClubWatch.

 

7)    PC Deweltz affirmed that the premises is located in SCZ and therefore the Committee must consider issues in relation to crime and disorder. He added that an additional 2 hours is of concern.

 

8)    PC Deweltz, went through up to date crime figures relating to the Premises and stated that there is still crime at the Premises but on Saturdays after 04.00 there was no reported crime. The main offences generally were theft on vulnerable patrons.

 

DECISION

 

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

 

10) The Committee has a duty to consider the application on its individual merits and took into account all the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

11) The Committee had regard to the fact that the Applicant had operated nearly 18 months with the extended hours under a time limited Premises Licence and TENs. The occurrence of crime and disorder after Saturday trade, on Sundays from 04.00 onwards was negligible. The Applicant has proposed conditions to add to an existing and generous premises licence.

 

12) The Committee noted the Applicant operates a high-end venue and had dealt with previous, but limited incidents professionally.

 

13) Due regard was given to Policy SCZ1 and the Committee recognised that the Applicant had attempted to addressed issues, particular to the West End Buffer Zone, and have set out mitigating measures.

 

14) In reaching its decision, the Committee concluded that the conditions proposed by the applicant, were appropriate and proportionate and would promote the licensing objectives.

 

15)  Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has decided, 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:

 

a)    To extend the terminal hour for Saturday trade for existing licensable activities to 6am. (The opening and times for licensable activities on Sun-Fri to remain as existing- no change.)

 

b)    To extend the terminal hour on Saturdays for alcohol sales and provision of Late-night refreshment to 5am.

 

c)     To extend terminal hour for closing the premises on Saturday to 6am

 

d)    To add new conditions:

 

1) A premises dispersal policy shall in force at the premises and a copy be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

2) On Saturday trade there shall be a designated welfare officer appointed (separate to SIA functions) to monitor and address concerning behaviour and conduct of patrons within the premises and on dispersal.

 

3) On Saturday trade there shall be no entry or re-entry (excluding persons from the smoking area) to the premises after 03:00 on Sunday morning

 

4) On Saturday trade there shall be at least 2 personal licence holders on duty at the premises.

 

5) On Saturday trade from 2 a.m. until 30 minutes after closure of the premises the security deployment shall specifically include:

 

a) supervision of the egress of customers from the club and entry into a taxi or private hire vehicles by a member of management and a Security Industry Authority licensed officer

 

b) patrol of patrons between the premises and the entrance to Piccadilly Circus Station by one Security Industry Authority licensed officer. The said officers shall wear hi vis jackets and a minimum of 2 body worn cameras shall be in use.

 

e)    To vary condition 55 so as to remove Saturday trade from condition 55 (previously suspended for Saturdays) so it would read "On Sunday to Friday trade there shall be no entry or re-entry (excluding persons from the smoking area) to the premises after 02:30 or such time as agreed in writing by the Westminster Police Licensing Unit (and a copy of any agreement to be held at reception). "

 

2.     Relevant Mandatory Conditions to apply.

 

3.     Conditions proposed by the applicant to from part of the operating schedule

 

10. From 21:00 until 30 minutes after close of business, a minimum of 2 SIA licensed door staff to be stationed at the entrance on Piccadilly whose tasks shall include:

• Reminding customers that this is a residential area and to respect the needs of neighbours

• To maintain an orderly queue where necessary

• To ask customers leaving the premises to do so quickly and quietly.

 

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

 

12. The number of persons accommodated at any one time (excluding staff) shall not exceed the following:

 

Mezzanine- 140 persons;

Basement Auditorium - 300 persons.

 

Maximum capacity of 400 persons on the premises at any one time.

 

A minimum of 50 seats shall be provided in the mezzanine area and a minimum of 250 seats shall be provided in the basement auditorium.

 

13. 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.

 

14. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and shall record the following:

 

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

 

15. 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. 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.

 

16. After 23.00hrs all security employed at the premises shall wear high viz jackets or tabards.

 

17. 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.

 

18. In the event that a serious assault 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, using emergency telephone number 999;

(b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police;

(c) As is reasonably practicable, the crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and

(d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises." 'Serious assault' includes (but is not limited to) any assault in which emergency medical treatment is required and any assault in which a weapon is used.

 

19. No children under the age of 16 shall be permitted on the premises after 21:00 hours.

 

20. No children under the age of 14 shall be admitted on the premises.

 

21. 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.

 

22. The highway in the vicinity of the premises shall be swept at regular intervals and also at the close of business. Litter and sweepings collected shall be stored in accordance with the approved refuse storage arrangement.

 

23. No unauthorised advertisements of any kind shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree or any other property, or is distributed to the public, that advertises or promotes the establishment, its premises or any of its events, facilities, goods and services.

 

24. No payment shall be made by or on behalf of the premises for distribution of flyers or tickets within public areas in the Licensing District of Westminster.

 

25. A daily log is to be maintained to ensure that any capacity limit set for the various floors and the overall capacity of the premises is recorded hourly and can be properly monitored. Information regarding the capacity shall be given to an authorised officer or Police Officer on request.

 

26. Alcohol shall not be sold or supplied to persons admitted after 23:00 other than to:

(a) Persons taking a table meal; or

(b) Persons who have paid a minimum admission fee of at least £20 for performance-based entertainment (not to be credited against consumables)

(c) Persons who have paid a minimum annual membership fee of at least £450 payable in advance for music, dancing and entertainment (not to be credited against consumables) and up to a maximum of 4 bona fide guests. A list of all people who have paid an annual membership fee and their guests shall be held at reception for inspection by relevant authority; or

(d) Persons given free membership and their bona fide guests where there has been an interval of at least 48 hours between application for membership. A list of all persons who have free membership shall be held at reception for inspection by the relevant authority; or

(e) Persons who are bona fide guests of the license holder or management, a list of whom shall be kept at reception for inspection by the relevant authorities; or

(f) Artistes and persons employed by the premises; or

(g) persons attending at private function; the function organiser's name and address to be kept at reception for inspection by the relevant authorities.

 

27. Substantial food and non-intoxicating beverages, including water, shall be available throughout the permitted hours in all parts of the premises where intoxicating liquor is sold and supplied for consumption on the premises.

 

28. The sale and consumption of alcohol must be ancillary to the use of the premises for patrons attending performance-based entertainment.

 

29. No payment shall be made by or on behalf of the licensees to any persons bringing customers into the premises.

 

30. A noise limiter located in a separate and remote lockable cabinet from the volume control 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's Community Protection Department 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 to the satisfaction of officers from the Environmental Health Service. The keys securing the noise limiter cabinet shall be held by the applicant only and shall not be accessed by any other person. The limiter shall not be altered without prior agreement with the Environmental Health Service.

 

31. 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.

 

32. Any additional sound generating equipment shall not be used on the premises without being routed through the sound limiter device.

 

33. All entrance doors to be kept closed except for people's immediate access and egress.

 

34. No speakers shall be located in the entrance area.

 

35. All refuse shall be paid, properly presented and placed on the street 30 minutes before any agreed collection time. Every endeavour shall be made to prevent refuse being left on the street for more than 2.5 hours.

 

36. No bottles shall be moved, removed or placed in outside areas between 23:00 and 08:00.

 

37. No persons shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.

NOTE: This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

 

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

 

39. The certificates listed below shall be submitted to the Licensing Authority annually:

 

(a) Any emergency lighting battery or system

(b) Any electrical installation

(c) Any fire alarm system.

 

40. 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.

 

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

 

42. All fire doors shall be maintained effectively self-closing and not half open other than by an approved device.

 

43. Fire doors to ducts, service shafts and cupboards shall be kept locked shut.

 

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

 

45. Only hanging, curtains, upholstery and temporary decorations, complying with the relevant British Standard shall be used. Where necessary these shall be periodically tested for flame resistance and re-treated as necessary.

 

46. Curtains and hangings shall be arranged so as not to obstruct fire safety signs, fire extinguishers or other firefighting equipment.

 

47. Staff with specific responsibilities in the vent of fire or other emergency, together with deputies, shall receive training and written instruction appropriate to their role.

 

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

 

• dry ice and cryogenic fog

• smoke machines and generators

• pyrotechnics and fog generators

• firearms

• lasers

• explosives and highly flammable substances

• real flame

• strobe lighting.

 

49. Flashing or particularly bright lights on or outside the premises shall not be permitted to cause a nuisance to nearby properties (save insofar as they are necessary for the prevention or crime).

 

50. After 21:00, at least one Personal License Holder shall be on duty on the premises while alcohol is being sold or supplied.

 

51. A minimum of two SIA staff shall be deployed with Body Worn Video, capable

of recording audio and video in any light condition. 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.

 

52. There shall be an electronic search arch installed at the premises and every patron entering or re-entering the premises when in use under this licence (including from the smoking area) shall pass through the search arch with searching supplemented by the use of two functional metal detecting wands. Patrons shall be searched by a SIA-trained member of staff and monitored and recorded by the premises CCTV system.

 

53       (a) All customers entering the premises shall have their ID scanned on entry, save for when a biometric scanning system is in place (when fingerprint scanning shall be required for all customers who have previously shown identification at the premises). The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the local authority upon request.

 

(b) The above requirement (a) is subject to the following exception, namely that a maximum number of 20 guests per night may be admitted at the Managers discretion without necessarily being ID scanned and recorded. A legible record (the Signing in Sheet) of these guests' names shall be retained on the premises for inspection by the licensing authority and Police for a period of 31 days. The name of manager authorising the admission shall also be recorded by that manager. Guests shall be required to produce some form of ID such as a bank card (or emailed

electronic photo I D) and an ID scan entry with a live photo shall be created.

 

(c)Notwithstanding (a) and (b) above, patrons who are attending a pre-booked corporate event at the premises do not need to have their ID scanned on entry and instead a written guest list shall be held at reception for the event, and shall be retained for 28 days after the event for inspection by the police and responsible authorities upon request.

 

54. All drinking containers used within the premises shall be polycarbonate. All glass bottles to be decanted into polycarbonate glassware or polycarbonate glassware carafes, with the exception of champagne and bottles of spirits of a minimum size of 70cl, supplied by waiter/waitress service to tables. Staff shall clear all empty champagne and spirit bottles from the tables promptly. Customers shall not be permitted to self-serve or remove bottles from the tables. Customers shall not be permitted to drink directly from champagne or spirit bottles. Notwithstanding this condition, with the written agreement of the Westminster Police Licensing Team, a copy of which shall be held at the premises reception, glass drinking vessels shall be used for private or pre-booked events within the lounge/club area.

 

55. On Sunday to Friday trade there shall be no entry or re-entry (excluding persons from the smoking area) to the premises after 02:30 or such time as agreed in writing by the Westminster Police Licensing Unit (and a copy of any agreement to be held at reception).

 

56. Risk reduction training inclusive of crime scene preservation shall be carried out by 2 February 2017 and refresher training every 6 months thereafter.

 

57. A minimum of one SIA licensed door supervisor to thirty-five customers shall be on duty at the premises whenever it is open for business.

 

58. Impartial unannounced compliance visits shall take place at the premises on a monthly basis. A written record of each visit shall be kept at the premises and produced for immediate inspection by a police officer or authorised officer of the

licensing authority.

 

59. The premises shall provide a cloakroom and all coats and outdoor jackets shall be placed in the cloakroom by handing them to an attendant who shall be constantly on duty at the cloakroom during the whole time that the premises are open.

 

60. There shall be live, real-time CCTV monitoring of the premises at all times the premises is open for business except when the premises is being used exclusively for a private pre-booked event.

 

61. There shall be a dedicated search captain employed at the premises to supervise the searching of customers at all times when the premises are open.

 

Conditions proposed by the applicant to form part of their operating schedule.

 

62. A premises’ dispersal policy shall in force at the premises and a copy be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

63. On Saturday trade there shall be a designated welfare officer appointed (separate to SIA functions) to monitor and address concerning behaviour and conduct of patrons within the premises and on dispersal

 

64. On Saturdays, there shall be no entry or re-entry (excluding persons from the smoking area) to the premises after 03:00.

 

65. There shall be at least 2 personal licence holders on duty at the premises.

 

66. From 2 a.m. until 30 minutes after closure of the premises the security deployment shall specifically include:

 

a) supervision of the egress of customers from the club and entry into taxi or private hire vehicles by a member of management and a Security Industry Authority licensed officer

b) patrol of patrons between the premises and the entrance to Piccadilly Circus Station by one Security Industry Authority licensed officer. The said officers shall wear hi vis jackets and a minimum of 2 body worn cameras shall be in use.

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

17 August 2023