Agenda item
3 Soho Street, 3-5 Soho Street, W1D 3DG
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 14 September 2023
Membership: Councillor Aziz Toki (Chair), Councillor Md Shamsed Chowdhury and Councillor Jim Glen.
Officer Support: Legal Adviser: Michael Feeney
Committee Officer: Sarah Craddock
Presenting Officer: Emanuela Meloyan
Other Parties: Mr Nick Mills (Founder and CEO), Geoff Todd (Group General Manager), Anil Drayan (Environmental Health Service), Kevin Jackaman (Licensing Authority), Ms Marina Tempia (Soho Society) and Ms Wendy Hardcastle (Soho Society).
Application for a New Premises Licence in respect of 3-5 Soho Street London W1D 3DG 23/03793/LIPN
FULL DECISION
Premises
3-5 Soho Street
London
3DG
Applicant
3 Soho Street Limited
Ward
West End
Cumulative Impact Area
West End
Special Consideration Zone
None
Proposed Licensable Activities and Hours
Late Night Refreshment Indoors
Monday to Thursday: 23:00 to 23:30
Friday to Saturday: 23:00 to 00:00
Sunday:N/A
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 23:00 to 00:00
Sale by Retail of Alcohol On and Off Sales
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday:12:00 to 22:30
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 00:00
Performance of a Play Indoors
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday: 10:00 to 23:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00 to 00:00
Exhibition of a Film Indoors
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday: 10:00 to 23:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00 to 00:00
Live Music Indoors
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday:10:00 to 23:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00 to 00:00
Recorded Music Indoors
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday:10:00 to 23:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00 to 00:00
Performance of Dance Indoors
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday:10:00 to 23:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00 to 00:00
Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance Indoors
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday:10:00 to 23:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00 to 00:00
Hours Premises Are Open to the Public
Monday to Thursday: 08:00 to 23:30
Friday to Saturday: 08:00 to 00:00
Sunday:09:00 to 22:30
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 09:00 to 00:00
Summary of the Application
The Sub-Committee has determined an application for a new Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a coffee shop, bar and live entertainment venue, with the coffee shop and bar being situated on the ground floor and the venue auditorium being situated in the basement.
The Premises Plans are at Appendix 1 of the Agenda Report (during the hearing the Applicant confirmed that the plans on page 205 are the ones to be relied upon), and supporting information can be found at Appendix 2. Ahead of the hearing, the Applicant agreed conditions with the MPS which led to the MPS representation being withdrawn; the conditions are at Appendix 4 of the Agenda Report.
The Applicant submitted a dispersal policy, further premises plans and correspondence with the Licensing Authority in the Additional Information Pack. During the hearing the Sub-Committee also considered conditions that had been proposed by EHS and were circulated ahead of the hearing.
This is an application for a new Premises Licence and therefore no Licence history exists. There is a resident count of 19.
As the Premises falls under policy CCSOS1, there is no policy presumption to refuse the application.
Representations Received
- Environmental Health Service
- Licensing Authority
- Metropolitan Police Service- Withdrawn
- One local resident
- The Soho Society
Issues raised by Objectors
- It is our belief that if granted the application would undermine the four licensing objectives.
- If granted it may cause an increase in Public Nuisance and adversely impact Public Safety in the Cumulative Impact Zone.
- The granting of this application may lead to an increase in Public Nuisance in the West End Cumulative Impact Zone.
- Concerns about the high number of potential vertical drinkers at the venue and how they will adversely impact the already high levels of cumulative impact. Further details concerning capacity, tables and chairs, dispersal policy and MC86 were requested.
- The Application is likely to undermine the prevention of crime and disorder in the West End Cumulative Impact Zone. Following agreed conditions, this representation from the MPS was withdrawn.
- Negatively affect the amenities of Soho Square, and encourage smoking and drinking on pavements causing pedestrian obstruction, noise, litter and potential increase in crime.
- This extension will fail to promote the licensing objectives and will increase cumulative impact in the West End Cumulative Impact Zone. The premises are within Soho, an area at the heart of the West End’s entertainment district, with its 487 licensed premises which include a large proportion of late night 121 (25%) licensed premises with a terminal hour between 1am - 6am and a capacity of 22,827. The position of this performance venue is very important. It is situated in an area of Soho with the highest concentration of licensed Premises in Soho, 118 with terminal hours between 12am to 3.30am and a capacity of 11,200.The area is densely populated at night with people on a night out creating loud levels of noise, thus causing disturbance, alongside increasing crime rates, disorder and anti-social behaviour. Object to the provision of off sales in this area.
Policy Considerations
The following policies within the City of Westminster Statement of Licensing Policy apply: CIP1, HRS1 and CCSOS1:
Policy CIP1 states:
C Applications for other premises types within the West End Cumulative Impact Zone will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
Policy HRS1 states:
A Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the SLP.
Cultural Venues
Monday to Sunday: 9am to Midnight
Policy CCSOS1 states:
B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late-night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The applicant has clearly demonstrated that the sale by retail of alcohol and late-night refreshment will be ancillary to the venue’s primary function as a cinema, cultural venue, live sporting premises or outdoor space.
6. The sale by retail of alcohol and/or late night refreshment after 11pm is limited to customers, patrons or members of the audience who will or have made use of the primary function of the venue as a cinema, cultural venue, live sporting premises or outdoor space.
C. For the purposes of this policy a cultural venue is defined as:
b. Performance venues: for a live performance in front of an audience which may include concert halls, comedy clubs or similar performance venues.
SUBMISSIONS AND REASONS
Mr Nick Mills (Founder and CEO) outlined the application along with Mr Geoff Todd (General Manager). He referred to his submissions in both the main Agenda Pack and Additional Agenda Pack which had been considered by the Sub-Committee and set out how this Premises would be operated as a Performance Arts Venue, specialising in the comedy sector and championing the next generation of comedians. He further set out how the Premises would also hold charity events, lectures, poetry and/or script reading and worked with organisations such as the BBC and Channel 4. He advised that the coffee shop would be used as a Hub for up and coming artists who wanted somewhere to work and/or collaborate together. He outlined how he had been advised that he had adequate planning permission to operate the Premises as set out in the application.
In response to questions from the Sub Committee, Mr Mills advised that their customer base consisted of between 25-45 year olds. He further advised that the District Surveyors would give them their final capacity figure, which would not be more than 180 patrons, when the works at the Premises had been completed.
He outlined that off sales of alcohol had been applied for to allow patrons to take say a half bottle of wine home with them, however they were content to have off sales removed from the application. He advised that the Premises was located near easily accessible transport links and guests would be encouraged to disperse quickly and quietly to minimise any noise disruption. He set out that sufficient staff and SIA security would be employed to promote the four licensing objectives, that all events would be individually risk assessed and tickets would be sold on-line and in advance of all shows. He emphasised that he had agreed to have the Council’s Model Condition MC86 attached to the Premises Licence: ‘The licensable activities authorised by this licence and provided at the Premises shall be ancillary to the main function of the Premises as live entertainment venue’ which prevented the Premises turning into a vertical drinking establishment. He emphasised that the venue would operate 90% as a performance arts venue and then hold a minority number of other events with licensable activities. He added that there would be noise limiters and CCTV at the venue. He stated that in due course he would be applying for a Table and Chairs Pavement Licence.
Mr Feeney, Legal Advisor to the Committee, discussed with the Applicant the possibility of them conditioning the number of non-ticketed events that they held annually, as suggested by the Sub Committee. He further outlined that the Police had withdrawn their representation on the basis that the following condition (proposed condition 50 in the operating schedule) ‘The licensable activities authorised by this licence and provided at the Premises shall be ancillary to the main function of the Premises building as a live entertainment venue for live comedy performance’.
Ms Kevin Jackaman, representing the Licensing Authority (LA) advised that the Licensing Authority had maintained their representation as the Premises were located within the West End CIZ. He advised, however that the venue did fall under the CCSOS1(B) policy that states that ‘Applications inside the West End Cumulative Impact Zone will generally be granted subject to: 1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1. 2. The hours for licensable activities are within the council’s Core Hours Policy HRS1 etc., He outlined that any additional person in the CIA would add to the cumulative impact by definition and this in essence would be a destination venue: a coffee shop during the day and a comedy club by night. It was therefore for the Sub Committee to be satisfied that the Premises would not add to the cumulative impact within the CIZ. In response to questions from the Sub-Committee Mr Jackaman said that the proposed conditions were tight and would not allow the Premises to become a vertical drinking bar.
Mr Anil Drayan, representing the Environmental Health Service (EHS) advised that EHS had maintained their representation as the Premises was located in the West End Cumulative Impact Zone. He confirmed that the EHS had now withdrawn their proposed condition 1 circulated to all parties because the Applicant had agreed to condition 50 (MC86) on the proposed operating schedule. He suggested that MC41 regarding substantial food being available at all times be also attached to the Premises Licence. He advised that the capacity of the Premises would depend on the ‘fit out of the Premises’ and that the basement would accommodate a maximum of 120 patrons and the ground floor would accommodate a maximum of 60 patrons.
Mr Drayan advised that he was satisfied that the Premises would not cause noise nuisance as there was no means of escape in the basement of the Premises. He outlined that he had not requested an acoustic report from the Applicant as there were no residents living in the building. He considered that there was not enough space for table and chairs outside of the Premises but that would be determined by Highways. He confirmed that he was happy with the Premises’ dispersal policy and SIA arrangements and there had been no complaints made regarding the Applicant’s venue situated at 21 Soho Street.
Ms Marina Tempia, representing the Soho Society, advised that the Soho Society did not agree that planning permission allowed the Applicant to use the Premises as a cultural performance arts venue. She outlined that there were currently very few Premises Licence situated in Soho Square and granting this application would have a negative effect on the amenities and encourage smoking and drinking on pavements causing pedestrian obstruction, noise, litter and potential increase in crime. She said that more and more licensed premises were being allowed every year. She advised that she did not see the need for the venue to have Live Music and Dance because it was not in keeping with the primary use of comedy. She suggested that with the current application the Premises could hold private events with vertical drinking and then apply for TENS until 03:00 hours which would adversely affect the CIZ.
Ms Tempia advised that condition 41 meant that the Premises would only need to provide sandwiches and not a meal and requested that the condition that the EHS had withdrawn be reinstated and used instead of the Metropolitan Police Services agreed condition. She considered that there was not enough room for tables and chairs to be located outside of the Premises so it would be extremely hard to walk down the street on the pavement. She advised that every single extension added to the CIZ and the problems in Soho. She advised that she had been extremely disappointed that the Metropolitan Police Service had not made a representation because of the high crime and disorder that was currently occurring in Soho. She indicated the lack of authority that SIAs and staff have on directing and preventing/stopping noise nuisance on the streets of Soho.
Ms Wendy Hardcastle, representing the Soho Society, echoed that every single extension added to the CIZ and the problems in Soho. She advised that she too had been very disappointed that the Metropolitan Police Service had withdrawn their representation because their data clearly set out the very high crime figures in Soho. She strongly suggested that the number of events to be held annually be limited and conditioned as the residents did not want non-ticketed events to be held in the Premises every evening.
Mr Feeney, Legal Advisor to the Sub-Committee, discussed the wording of the agreed proposed conditions (if the application is granted), with all parties. Mr Mills confirmed that Live Music and Dance were necessary because a performer may wish to bring their own piano and/or a performer might want to perform a dance as part of their act. Mr Mills further advised that he would be content for the number of events to be limited to 52 annually.
During his summing up, Mr Mills advised that they would not be operating a bar but a performance arts venue. He outlined that they were experienced and responsible operators and all staff were given extensive training. He advised that there would no queuing outside because there was space inside of the Premises for patrons to wait and purchase a drink before any show. He emphasised that they very much wished to interact and be part of the community and would promote the licensing objectives.
Reasons and Conclusion
The Sub-Committee has determined an application for a grant of a New Premises Licence under the Act . The Sub-Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application. The Sub-Committee had regard not only to the written and oral evidence but also to the Act, the Guidance issued under section 182 of the Act and the City Council’s SLP, in particular policies CIP1, HRS1 and CCSOS1.
It is accepted that any new Premises Licence, no matter how small in capacity, is likely to add to the Cumulative Impact by retaining patrons in the area for longer. However, this must be balanced with the nature of the operation and the appropriateness of the agreed conditions and the evidence given during the hearing.
The Sub-Committee welcomed the Premises’ use of a Dispersal Policy as this would help ensure the smooth running of the Premises particularly at the terminal hour when the Premises closes and patrons leave the Premises thereby minimising the risk of nuisance. The requirement of a dispersal policy is conditioned on the premises licence.
The Sub-Committee noted that the Metropolitan Police Service (who were considered the experts on crime and disorder) had withdrawn their representation. The Environmental Health Service and Licensing Authority (who were considered the experts on public nuisance and the SLP) were generally satisfied with the Application, and both responsible authorities felt that it was for the Sub-Committee to reach a determination as to whether the Application would increase cumulative impact in the West End CIZ.
The Sub-Committee concluded that the Application (in accordance with policies CIP1, HRS1 and CCSOS1) would not add to cumulative impact. The Sub-Committee considered that the conditions imposed would ensure that the Premises would operate as a live comedy venue and not as a vertical drinking bar, and cultural venues were considered less likely to add to cumulative impact.
The Sub-Committee considered that the restrictions on sales of alcohol, including restricting off-sales and limiting sales of alcohol after 21:00 would also promote the licensing objectives and ensure that the Premises did not operate as a bar. Restrictions on the number of private events held were considered necessary to promote the licensing objectives and to ensure that the Premises was not used habitually for private events but was used as a cultural venue, namely a comedy club. The Sub-Committee also placed weight on the fact that the Application was within core hours; coupled with the Premises’ dispersal policy the Application would therefore be unlikely to increase cumulative impact in the early hours of the morning. The Sub-Committee also placed weight on the conditions proposed by MPS and EHS and agreed by the Applicant, as these would help promote the licensing objectives. Finally, the Sub-Committee considered it appropriate to impose a condition preventing queuing on the highway so as to prevent public nuisance.
Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Sub-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 for:
Late Night Refreshment Indoors
Monday to Thursday:23:00-23:30
Friday to Saturday: 23:00-Midnight
Sunday: N/A
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 23:00-Midnight
Sale by Retail of Alcohol On Sales Only
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:Noon-22:30
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: Noon-Midnight
Performance of a Play Indoors
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:10:00-23:00
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00-Midnight
Exhibition of a Film Indoors
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:10:00-23:00
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00-Midnight
Live Music Indoors
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:10:00-23:00
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00-Midnight
Recorded Music Indoors
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:10:00-23:00
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00-Midnight
Performance of Dance Indoors
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:10:00-23:00
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00-Midnight
Anything of a Similar Description Indoors
Monday to Thursday: 10:00-23:30
Friday to Saturday: 10:00-Midnight
Sunday:10:00-23:00
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 10:00-Midnight
Hours Premises Are Open to the Public
Monday to Thursday: 8:00-23:30
Friday to Saturday: 8:00-Midnight
Sunday:9:00-22:30
Non-standard timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 9:00-Midnight
2. That the Licence is subject to any relevant mandatory conditions.
3. That the Licence is subject to the following conditions and Informative imposed by the Sub-Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing
4. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31-day period.
5. All door supervisors will correctly display their SIA licence so as to be visible when on duty at the premises.
6. There shall be no sales of alcohol for consumption off the premises.
7. 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. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
8. 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 will 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.
9. As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local Pubwatch, Safer Business Network or other local crime reduction scheme approved by the police, and local radio scheme if available.
10. Any special effects or mechanical installations shall be arranged, operated 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:
· Dry ice an cryogenic fog
· Smoke machines and fog generators
· Pyrotechnics including fireworks
· Firearms
· Lasers
· Explosives and highly flammable substances
· Real flame
· Strobe lighting
11. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
12. 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.
13. 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.
14 All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
15. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
16. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
17. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
18. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.
19. The certificates listed below shall be submitted to the licensing authority upon written request:
a) Any permanent or temporary emergency lighting battery or system
b) Any permanent or temporary electrical installation
c) Any permanent or temporary emergency warning system
20. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
21. 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.
22. Loudspeaker shall not be located in the entrance and exit of the premises or outside the building.
23. All windows and external doors to be kept closed after 21:00 hours or at any time when regulated entertainment takes place, except for immediate access and egress of persons.
24. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
25. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
26. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
27. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
28. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day.
29. 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.
30. 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 for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited on any public highway. 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.
31. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
32. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.
33. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport or proof of age card with the PASS hologram.
34. 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 are 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.
35. There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 hours.
36. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises building as a live entertainment venue for live comedy performances.
37. The name and address of any person hosting a bona fide private event shall be kept at the premises at all times and shall be made available on demand for inspection by Responsible Authority officers.
38. The requirement for SIA Door Supervisors at the premises shall be based on a risk assessment carried out by the DPS taking cognisance of any police advice. The risk assessment shall be made available on request to an authorised officer of the City Council or the Police with the absolute minimum of delay when requested. All door supervisors to be trained to SIA level and to be instructed by the Premises Licence holder.
39. For any electronic sound system at the Premises a noise limiter must be fitted and 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 Service 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.
40. No licensable activities shall take place at the Premises until the works have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed form the licence by the licensing authority.
41. Before the Premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the Premises constructed. If there are minor changes during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
42. No licensable activities shall take place 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 in each of the areas. In any case the maximum overall capacity (excluding staff) shall not be permitted to be more than 180 persons.
43. There shall be no more than 52 bona fide private events held in the Premises per annum. There shall be no more than 5 bona fide private events held in the Premises in any given month.
44. After 9pm alcohol shall only be sold to persons attending a ticketed theatre show, other stage performance or bona fide private event.
45. There shall be no queuing on the highway.
46. 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.
Informative
The granting of this licence is without prejudice to any requirement to obtain planning permission or a licence for the use of tables and chairs on a street.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
14 September 2023
Supporting documents:
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2303793LIPN 3 - 5 Soho Street Report Redacted, item 2.
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