Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	The University Women’s Club 2 Audley Square W1K 1DB	New Premises Licence	23/03384/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

 

5October 2023

 

Membership:      Councillor Aziz Toki (Chair) Councillor Judith Southern and Councillor Jacqui Wilkinson

 

Officer Support   Legal Adviser:              Horatio Chance

                           Policy Officer:               Daisy Gadd

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Roxsana Haq

 

 

Application for a New Premises Licence in respect of The University Women’s Club 2 Audley Square London W1K 1DB 23/03384/LIPN

 

 

Other parties present: Thomas O’Maoileoin (Thomas and Thomas Solicitors), Alex Maitland (General Manager), Sally Fabbricatore (Environmental Health Service), Ms A, Ms G, Mr A (Local residents)

 

                                                     Full Decision

 

Premises

 

The University Women’s Club

2 Audley Square

London

W1K 1DB

 

Applicant

 

The University Women’s Club Ltd

 

Cumulative Impact Area

 

N/A

 

Ward

 

West End

 

Special Consideration Zone

 

N/A

 

Activities and Hours

 

The Exhibition of Films, Live Music, Recorded Music, Performance of Dance, Anything of a similar description that falling within (e) (f) (g)

 

Monday to Sunday 07:00 to 01:00

 

Late Night Refreshment (Indoors)

 

Monday to Sunday 23:00 to 01:00

 

Sale by Retail of Alcohol (On and Off the Premises)

 

Monday to Sunday 23:00 to 01:00

 

Opening Hours of the Premises

 

Monday to Sunday: 00:00 to 00:00

 

Sunday 12:00 to 01:30

 

Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years Day.

                                                                          

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of the University Women’s Club 2 Audley Square London W1K 1DB (“The Premises”).  The Premises intends to operate as private member’s club. The Premises currently benefits from a Club Premises Certificate (06/07833/WCCMAC).

 

The Applicant has sought pre-application advice from the Council’s EHS and seeks to replace the Club Premises Certificate with a new Premises Licence as follows:

 

a)        Regularise the permitted hours for alcohol and other licensable activities to 07:00 to 01:00 Monday to Sunday - i.e. actually reducing the hours for regulated entertainment (which are currently unrestricted, 24/7); and

 

b)       Permitting alcohol to be supplied to persons attending bona fide pre-booked functions and events, alongside standard supplies to members of the Club and their guests.

 

The Premises history can be found at Appendix 3 of the agenda report.

 

The Applicant has provided documents that include an introduction and description

of the application, the pre-application advice report, list of proposed conditions, the

Club’s dispersal policy and a letter to interested parties. This can be found at

Appendix 2 of the report. The proposed 20 conditions can be found at Appendix 4

of the report.

 

The Premises are located within the West End Ward but not located in either the West End CIZ or Special Consideration Zone. There is no policy presumption to refuse applications outside of the West End CIZ. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.

 

There is a resident count of 155.

 

Representations were received from the Environmental Health Service and 29 local residents all citing concerns regarding public nuisance and public safety.

 

Representations received

 

•        Environmental Health Service (Sally Fabbricatore) (EHS).

•        29 Local residents.

 

Summary of issues raised by objectors

 

• The provision of the Supply of Alcohol may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The provision of Late-Night Refreshment may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The provision of Regulated Entertainment may cause an increase in Public Nuisance in the area, it may also impact on Public Safety.
• The non-standard timings may cause an increase in Public Nuisance in the area.
• The applicant did seek pre-application advice, 23/00855/PREAPM. Further information has been provided, including proposed conditions. Further conditions may be proposed by Environmental Health in order to promote the Licensing Objectives.
• The granting of the new Premises Licence as presented would have the likely effect of causing an increase in Public Nuisance in the area and may impact on Public Safety.

• I object to the up mentioned application for the reason is that the licence application for the university woman's club is to play music, and sale of alcohol, from 07 am until 1 am at night, Monday to Sunday that would cause me and my family nuisance due to the generated noise and that is detrimental to our peace and quiet enjoyment.

Plus, we are already suffering from the construction noise from Audley Square development and now adding this on top that would be an unbearable disturbance to us and to other residents I presume.

• I and my partner request that you reject this proposal in its entirety. We live in Chesterfield House and this is a quiet residential building. Approving this application will allow for late night noise from music and patrons. The area already has an issue with anti-social behaviour of noise on Curzon Street, that the police cannot get a grip on. Cars will loudly and dangerously show off creating noise and disturbance to residents in this building. Approving the application for The University Woman's Club will only add to this anti-social behaviour, by the noise the club will make AND give further opportunities for these dangerous drivers to show off to the patrons coming and going from the club on South Audley Street.
• Last year there was an issue with live and recorded music coming from 3 Audley Street, starting in the early evening till very late. The noise was unbearable as it reverberates around the courtyard that Chesterfield House has. My partner and I are shift workers in safety dedicated roles and we were forced to go to work not fully rested because of the noise from 3 Audley Street. The University Woman's Club is closer to us and therefore will cause even more noise and disturbance. Please keep in mind that there are plenty of other similar venues in the vicinity so there doesn't need to be anymore. Why should the long standing residents of Chesterfield House be subjected to this? There is also the question of, do we need to provide more outlets for people to binge drink, further developing an epidemic in the UK, especially London. The residents of Chesterfield House are subjected to noise all day from the current construction at Audley Square, so please don't provide more opportunities for noise in the evening.
• I am writing to voice my strong objection to the above application to allow parties where alcohol will be served to the early hours.

As a resident in Chesterfield House located to the south of the University Women's Club, my flat will be adversely affected by the noise generated by alcohol-fuelled party-goers until 1am in the morning. It will be intolerable. Allowing such revelry in this quiet residential area will fundamentally alter the nature of this peaceful corner of Mayfair.

The application claims that "external doors leading into the rear garden shall be maintained closed after 22.00 hours or whenever regulated entertainment is provided in the ground floor dining room", but how will that be enforced? Or, "The provision of licensable activity in the rear garden shall cease at 23.00 hours daily." This means that on any night of the week, there may be a party taking place in the rear garden until 11pm at night. In fact, on the application for the license it states that alcohol be served until 1am.

• This will be an infringement on the rights of the neighbours - such as those of us who live in Chesterfield House - to have an evening in without boisterousness next door. For all the above reasons stated, any activity that may take place within the University Women's Club must be restricted to indoors only, up to 11pm. I trust you will take into account my objections and reject this application.
• I object to the up mentioned application for the reason is that the license application for the university woman's club is to play music, and sale of alcohol, from 07 am until 1 am at night, Monday to Sunday that would cause me and my family nuisance due to the generated noise especially late at night and that is detrimental to our peace and quiet enjoyment.

Plus, we are already suffering from the construction noise from Audley Square development and now adding this on top that would be an unbearable disturbance to us and to other residents I presume.

• I STRONGLY OBJECT to this application as this establishment is a direct neighbour and I wish to have peace and quiet enjoyment in my home without having to listen to late night music (live and recorded), dance nights or even guests venturing out into the garden which is directly beneath flats in Chesterfield House.
• I currently enjoy the quiet environment of my home, and appreciate the quietness of the area, particularly in the evening and at weekends. There already is construction noise from the Audley Square development which detracts from the ambience of my flat during the day. If this were to be the case at night, my life would be very different and far from that which I currently enjoy. I am a long standing taxpayer in Westminster since 2001, and the quiet environment of South Audley Street, Chesterfield Gardens and Curzon Street is a key attraction of the area. Please do not grant this license and affect adversely the lives of the residents of Chesterfield House.
• As owner of Flat 27 Chesterfield House, I object to this application as this is a direct neighbour of Chesterfield House, a residential property, and the proposal will have a direct impact on our property.
• I refer to the licence application by the University Women's Club which, yet again, is another application to destroy the comfort of residents of this area. I cannot believe that any reasonable person would allow such an application to proceed. I just wonder whether these people would like to have music/noise on their doorsteps - or would they simply prefer to destroy what is currently a very pleasant residential area. Chesterfield Gardens is not Soho where one would expect to have entertainment at any time of the day to satisfy the desires of selfish people. I hope that Westminster City Council will have some sympathy for the law-abiding people who wish to live in a quiet residential area. I wonder whether the Councillors and officials would like to have this sort of disturbance next to their private homes? Please consider the interests of the residents who have resided peacefully in this area for many years. I urge you to reject this application by individuals who have no concern whatsoever for those who wish to continue living in a pleasant and relaxed atmosphere, as they have done so for many years. With the UWC on one side, and Tchenguiz on the other, this will be a very unpleasant environment in which to live.
• I have a flat in Chesterfield House, which is directly adjacent to The University Women's Club and my flat is within direct earshot of this establishment and this has been the subject of several complaints in the past. I therefore STRONGLY OBJECT to this application in entirety, as this establishment is a direct neighbour to my flat and I wish to have peace and quiet enjoyment in my home without having to listen to late night music (live and recorded), dance nights or even guests venturing out into the garden which is directly opposite my flat.

 

Policy Position

 

Policies HRS1 and PB1 apply under the City Council’s Statement of Licensing Policy apply (SLP).

 

Policy HRS1

 

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 Statement of Licensing Policy.

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 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.

3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.

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

5. The proposed hours when any music, including incidental music, will be played.

6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.

7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.

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

9. The capacity of the premises.

10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.

11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.

12. 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.

13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.

14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into

account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.

C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:

6. 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.

D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.

E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.

Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.

 

Policy PB1

 

Policy PB1 applies A. Applications outside the West End Cumulative 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 being within the council’s Core

Hours Policy HRS1.

3. The operation of any delivery services for alcohol and/or latenight

refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1.

4. The applicant has taken account of the Special Consideration

Zones policy SCZ1 if the premises are located within a designated

zone.

5. The application and operation of the venue 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

 

The Presenting Officer Roxsana Haq outlined the application to the Sub-Committee. She advised that this was an application for a New Premises Licence in respect of the University Women’s Club 2 Audley Square London W1K 1DB. She advised that the Premises intends to operate as a proprietary member’s club replacing the current Club Premises Certificate with a new licence by regularisingthe permitted hours for alcohol and other licensable activities from 07:00 to 01:00 Monday to Sunday and permitting alcohol to be supplied to persons attending bona fide pre-booked functions and events.  Representations have been received from the EHS and 29 local residents raising public nuisance concerns.

 

Mr Thomas O’Maoileoin Solicitor acting on behalf of the Applicant addressed the Sub-Committee. He advised that the club has existed for 100 years and is not limited to those who have attended a university, despite the name. Mr O’Maoileoin wanted to clear up any ambiguity in the papers which stated the club to be a “proprietary club” and this was not the case, in fact the venue was a qualifying club in terms of the Licensing Act, and that it will continue to be owned, maintained and managed by the members with no profit made.

Mr O’Maoileoin said that on page 40 of the agenda report, Mr Watson who was formerly of the EHS at Westminster City Council suggested that Conditions be placed to ensure this operates as intended. Mr O’Maoileoin said that these Conditions had been accepted and included who can be served, the rights of guests of members, prebooked functions and events.

Mr O’Maoileoin said that the rational for the application and change in status was because there was a financial need in terms of its membership which was at a low. He said that by opening the doors of the club to likeminded professional bodies for functions and events, it was hoped that some attendees then would become members.

Mr O’Maoileoin advised that this will not be a free for all, and there will be an application process should someone want to hold an event at the club. He said that there had been interactions with local residents, outreaching to them about their concerns, however a circulated letter was refused by the residents. After this, some direct letters were sent and were received with contact being made. Speaking to complaints made against the club from Environmental Health, Mr O’Maoileoin advised that one concerned an event in the summer where a classical tenor was singing and where the windows and doors were open and the second was during a wedding when a DJ had played music at a higher than expected volume despite being told not to.

Mr O’Maoileoin advised that there were suggestions on three conditions including a noise limiter, conditions on the windows and doors and finally for the rear garden to be closed by 21:00. Turning to the hours, the 07:00 time for sales of alcohol would be minimal.

In response to questions from the Sub-Committee Mr O’Maoileoin confirmed the following matters:-

·       The club’s membership is in the region of 850.

·       There are 21 bedrooms in the building which is open 24 hours for members.

·       Members are not permitted to eat or drink in the bedrooms.

·       The Applicant has contacted some specific groups with a view to holding the Premises as an events space – we do not need to over publicise.

·       In terms of the largest events held there has been 80-90 people.

·       The dining room has a capacity of 60 and that was the daily average.

·       It is important that the Club builds bridges with local residents because we do not want to cause a nuisance and be a disturbance.

·       There are currently 1-2 events weekly. These are likely to be book readings and poetry in the library/dining room and so will not cause a problem.

·       The Club’s events committee will determine the nature and type of events so there is proper screening.

·       The Applicant is happy to surrender the Club Premises Certificate should the Sub-Committee be minded granting the application.

Mr Alex Maitland the General Manager for the Applicant addressed the Sub-Committee. He advised that there is roughly an average of 1 or 2 events a week with some having 10 people or less. Mr Maitland said regarding deliveries and noise there are no early morning deliveries with any bottles being delivered after 09:00.

Mr Maitland advised that in relation to the off sales/sealed containers this may be for a wine tasting event where a person may wish to buy a case to take home.

Mrs Sally Fabbricatore appearing on behalf of the EHS addressed the Sub-Committee. She advised that EHS concerns in respect of the application related to public nuisance. Mrs Fabbricatore advised that site visits had been undertaken and that a premises licence rather than the current club premises certificate does give the Licensing Authority stricter control and greater powers under the Act over the Applicant was welcomed.

Mrs Fabbricatore said noise from people in the outside area and noise from music escaping were the main issues of their objection. She stated that Model Condition MC11 for a noise limiter had been agreed as well as Model Condition MC14 requiring that doors and windows were to be closed by 23:00.

Ms Annika Blixt, a local resident addressed the Sub-Committee regarding the circulated letter. She confirmed that this was given to the board, but actually was not sent. Ms Blixt said that there was an inner courtyard with a wall that borders the club and that it was a concern of all residents that this application would increase the levels of noise not just in the garden but from the building itself.

In reply to questions from the Sub-Committee Ms Blixt said she would like to see the closure of windows and doors and to ensure the garden is vacated at an appropriate hour. However, whilst these conditions are welcomed, during hot summers it would be unimaginable to think that a window remains open past when it was condition to be closed.

Ms Pat Gold a local resident, said she has been a resident for 30 years and has repeatedly seen parties making noise inside and outside which has disturbed her.

Mr Mike Dunn appearing on behalf of the Residents Society of Mayfair and St James addressed the Sub-Committee and said his main concern was the extension to third parties to host events in their club. He said while it was restricted to their own members, this allowed the club to sanction members and maintain a level of control.

Mr Dunn said that if third parties were allowed to host events, residents will suffer from the lack of control the club will have over those in their premises. He said that he did not wholly welcome a limit on events, but did welcome a limit on events held by third parties. Mr Dunn said he was pleased that the garden would be vacated by 21:00 except for those smoking who should not be permitted to take drinks out with them.

In response to local residents, Mr O’Maoileoin said that the Sub-Committee needed to ask themselves if this submission was robust enough, having worked with the EHS to ensure there would not be public nuisance. Speaking to off-sales of alcohol, again Mr O’Maoileoin said these were very rare and would only be for instances of a wine tasing for example. Mr O’Maoileoin spoke to the hours asked for, and said these were simply for flexibility, He said the hours sought were in line with other clubs across London.

Mr Maitland said there were sanctions against third parties including the ability for an event to end early and that their licence would not be forfeit under their current licence, but the premises licence application before Sub-Committee today would be.

Mrs Fabbricatore asked Mr O’Maoileoin if the Applicant was agreeable to the closure of windows and doors, and in response Mr Maitland did not want to have this enforced if there was a singular person in a room. He said that he was happy to have this condition for entertainment taking place in any room.

In summing up Mrs Fabbricatore said that following on from conversations about deliveries, that the Premises has operated for a number of years with no issues on deliveries this was something that did not require conditioning.

In summing up Mr O’Maoileoin said he had nothing further to add to his submissions.

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application.

 

The Sub-Committee noted that there was no policy presumption to refuse an application of this type and the test to apply was the promotion of the licensing objectives. 

 

The Sub-Committee had regard not only to the written and oral evidence but also to the requirements of the Act, The Guidance issued under section 182 of the Act and the City Councils SLP in the main policies HRS1 and PB1 and that pre-application advice was sought by the Applicant from the Council’s EHS.

The Sub-Committee noted that the Premises operates as a private members club and that it will now have tighter control with a Premises Licence and updated conditions. In this respect the Club Premises Certificate is to be surrendered.

The Sub-Committee noted the concerns of the parties that had objected to the application particularly in relation to nuisance and the breakout of music.

Having carefully considered the matter, the individual circumstances of the case and the need to promote the licensing objectives, the Sub-Committee decided to grant the application. The Sub-Committee was persuaded that the application met the policy requirements and arrived at this decision based upon the merits of the application and the various safeguards and measures the Applicant is to implement from a management perspective in the running of the Premises that will uphold the promotion of the licensing objectives.

In reaching its decision, the Sub-Committee concluded that the application was suitable for the local area that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objectives.

 

In terms of the conditions these are all the conditions as stated at pages 27-31 of the agenda report. The Timings in relation to conditions 21 and 22 have now been amended to read 21:00 hours.

 

The Sub-Committee has imposed the following model conditions and Informative which are now imposed on the premises licence:-

• MC14 requiring doors to be kept closed after 23:00 when licensable activities are taking place.
• MC11 for a noise limiter.
• MC24 requiring the Premises to provide a telephone number.
• MC43 regarding collections.
• MC61 requiring the Club Premises Certificate to be surrendered.

 

As an Informative the Sub-Committee would strongly recommend that any noise nuisance complaints are made directly to the Council’s Noise Team so that a proper log can be kept.

Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:

 

1.        To grant permission for the Exhibition of Films, Live Music, Recorded Music, Performance of Dance, anything of a similar description to that falling within (e) (f) (g) (Indoors) Monday to Sunday 07:00 to 01:00 Seasonal variations: Unrestricted for residents. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

2.        To grant permission for Late-Night Refreshment (Indoors)Monday to Sunday 23:00 to 01:00 Seasonal variations: Unrestricted for residents. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

3.        To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Sunday 23:00 to 01:00 Seasonal variations: Unrestricted for residents. Unrestricted for residents. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

4.        To grant permission for the Opening Hours of the Premises Monday to Sunday: 00:00 to 00:00 Unrestricted for residents. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

5.        That the Licence is subject to any relevant mandatory conditions.

 

6.        That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing with agreement of the Applicant:

 

7.        The supply of alcohol for consumption ‘On’ the premises shall be restricted to members of The University Women's Club and their bona fide guests and persons attending bonafide pre-booked functions and events as managed by The University Women's Club. A list of persons attending a pre-booked function or event shall be available for inspection by the relevant authorities.

 

8.        The supply of alcohol between 07.00 and 09.00 hours Monday to Sunday shall be ancillary to the provision of substantial food, except for residents and their bona fide guests.

 

9.        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.

 

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

Dining Room – 60 persons

Library – 60 persons

Drawing Room – 60 persons

 

11.      There shall be no sales of alcohol for consumption ‘Off’ the premises after 23.00 hours.

 

12.      All sales of alcohol for consumption ‘Off’ the premises will be in sealed containers only and shall not be consumed on the premises.

 

13.      A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS Hologram.

 

14.      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 is 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.

 

15.      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.

 

16.      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 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

(g) any refusal of the sale of alcohol

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

 

17.      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.

 

18.      The external doors leading into the rear garden shall be maintained closed after 22.00 hours or when ever regulated entertainment is provided in the ground floor dining room, except for immediate access and egress or in an emergency.

 

19.      The provision of licensable activity in the rear garden shall cease at 23.00 hours daily.

 

20.      Patrons permitted to temporarily leave and then re-enter the premises at ground floor level, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

21.      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.

 

22.      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.

 

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

 

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

 

25.      All windows and external doors shall be kept closed after (23:00) hours or at any time when regulated entertainment takes place except for the immediate access and egress of persons.

 

26.      A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

 

(a)  the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

(b)  The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence Holder,

(c)   The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,

(d)  No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and

(e)  No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

27.      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.

 

28.      No collections of waste or recycling materials (including bottles) from the premises shall take place between (23:00) and (08:00) hours on the following day.

 

29.      No licensable activities shall take place at the premises until Club Premises Certificate 06/07833/WCCMAC (or such other number subsequently issued for the premises) has been surrendered and is incapable of surrender.

 

Informative

 

30.      Local residents living in close proximity to the Premises disturbed by nuisance emanating from the Premises are strongly encouraged to report such instances of nuisance directly to the City Council’s Noise Team to ensure that a proper record of complaints are kept.

 

 

This is the Full Decision of the Sub-Committee which takes effect

forthwith.

 

The Licensing Sub-Committee

5 October 2023