Agenda item

4 Greek Street, W1D 4DB

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

 

* West End

 

** None

 

4 Greek Street

W1D 4DB

 

Shadow Licence

23/04566/LIPSL

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

 (“The Committee”)

 

Wednesday 22 November 2023

 

Membership:           Councillor Iman Less (Chair) and Councillor Karen Scarborough

 

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Others present:       Niall McCann Keystone Law Solicitors representing Samocca Assets Ltd Mr Chaim Aziz (Managing Director) 

 

Application for a New Premises Licence - Shadow Licence 4 Greek Street London W1D 4DB 23/04566/LIPSL

 

 

FULL DECISION

 

Premises

 

Shadow Licence

4 Greek Street

London

W1D 4DB

 

Applicant

 

Samocca Assets Limited

 

Ward

 

West End

 

Cumulative Impact

 

West End Cumulative Impact Zone (WCIZ)

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Live Music (Indoors)

 

Monday to Sunday 09:00 to 02:00

 

Seasonal variations: Private entertainment - Unrestricted Hours

 

Playing of Recorded Music (Indoors)

 

Monday to Sunday 00:00 to 00:00

 

Seasonal variations: Private entertainment - Unrestricted Hours

 

Performance of Dance (Indoors)

 

Monday to Sunday 09:00 to 02:00

 

Seasonal variations: Private entertainment - Unrestricted Hours

 

Anything of a similar description to that falling within (e), (f) or (g)

Monday to Sunday 09:00 to 02:00

 

Monday to Sunday 09:00 to 02:00

 

Seasonal variations: Private entertainment - Unrestricted Hours

 

Late Night Refreshment (Indoors)

 

Monday to Saturday 23:00 to 02:30

Sunday 23:00 to 02:00

 

Seasonal Variations: Sunday before Bank Holidays: 23:00 to 02:30

 

Sale by Retail of Alcohol (On the Premises)

 

Monday to Saturday 10:00 to 02:00

Sunday 12:00 to 00:30

 

Seasonal Variations: Sunday before Bank Holidays: 12:00 to 02:00

 

The Opening Hours of the Premises:

 

Monday to Saturday: 09:00 to 02:30

Sunday: 09:00 to 02:00

 

Seasonal Variations: Sundays before Bank Holidays: 09:00 to 02:30

 

Summary of Application

 

The Sub-Committee has determined an application for a Shadow Premises Licence in respect of 4 Greek Street London W1D 4DB under the Licensing Act 2003 (“The Act”) under the same terms, conditions and plans as Premises Licence (23/04544/LIPDPS).

 

The Premises benefits from two Premises Licences. The first Premises Licence (21/10072/LIPVM) was granted in full by a Licensing Sub-Committee in October 2013. Officers granted under delegated powers in October 2020 an application

for a shadow licence (23/04544/LIPDPS) which was made on the same terms, conditions and plans of 21/10072/LIPVM.

 

In July 2023, the landlord transferred licence number 23/04544/LIPDPS to a Mr Elliott Dennis Rogers so he was able to use this licence. As both premises licences are on the same terms and conditions only a copy of premises licences 23/04544/LIPDPS can be found at Appendix 2 of the agenda report.

 

During consultation, the Applicant agreed an amended model condition MC97 with the Licensing Authority. This can be found at Appendix 5.

 

The Premises are located within the West End Ward and West End Cumulative Impact Zone. There is a presumption to refuse the application unless an exception to policy is made. 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.

 

A written submission was produced by the solicitors acting for the Applicant and this can be found on Pages 3-6 of the additional agenda papers. Representations were received from the Licensing Authority and a local resident.

 

There is a resident count of 47.

 

Representations Received

 

·       The Licensing Authority (Karyn Abbott) (Withdrawn)

·       Andy Vining Flat 4A Greek Street London W1D

 

Summary of Representations

 

·       The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1 and MD1.

·       The application is made by the freeholder of the premises for a ‘shadow’ licence of 20/08314/LIPN. The Licensing Authority has reviewed the application against Licence number 20/08314/LIPN and the application has been made on the exact terms and conditions as the current issued licence.

·       The Licensing Authority encourages the applicant to consider Westminster’s model condition 97 below.

·       The shadow licence will not take effect when the current licence is in operation, or it lapses, is surrendered or revoked. Should the applicant consider model condition mc97 it will allow the Licensing Authority to consider this application as a genuine application for a shadow licence. The Licensing Authority looks forward to receiving submissions from the applicant in due course to access the application further.

·       Please accept this as a formal representation. Following agreement of a further condition, the Licensing Authority withdrew their representation on 28th September 2023.

·       The agreed condition appears at Appendix 5.

·       I object to the transfer of any shadow or premises licence relating to 4 Greek. I live alone immediately above the bar in flat 4A and have been here for many years with a number of different owner/ operators running the bar downstairs.

·       The leasehold of the bar has been transferred in the last year to a new owner who is probably Samocca. Since that transfer I have experienced the following problems:-

·       Late night noise going on to 2 am with staff and cleaners still there at 3am in the morning I think it must be the new bar owner who has moved the front door on Greek Street which leads to my flat so that it is now next door to the entrance to the bar. This means I have to walk through a lot of smokers and aggressive drunk people and also have to pass next to the bouncers who have been extremely intimidating.

·       After the leasehold was transferred it seems that the new owners were unhappy that I was still living in 4A Greek Street. I suspect that the leasehold of the whole building would have a higher value if I was not there. I have CCTV cameras in my flat and outside in the common hall areas leading on to Greek Street for my own protection and safety. Those cameras have been working for many years. The landlord’s agent Chaim Aziz of Estate Office tried to remove the camera in the downstairs hall using an umbrella and I have the evidence on video to prove this.

·       A few days before 20th April 2023 the same landlord’s agent used false pretences to book a stay at the other flat 4B in the building which is rented out at some times with Air b&b. False names and details were provided and after they obtained access with ex-military men they refused to leave the flat. The locks were changed by them without permission. The tenants of flat 4B were illegally evicted by the landlord’s agent and there is a court case ongoing. I was in flat 4A at the time of this deceit and was terrified for my own safety. On 20th April 2023 I was at the flat alone when Russell Taylor turned up with the landlord’s agent, Chaim Aziz, and three other men. Russell Taylor described himself as one of the operators of the bar downstairs and as owning venues in London including Rocket Leisure Ltd. They questioned my paperwork and right to stay in my flat. I was then taken into my living room while three other people made it clear they wanted me to vacate the flat. One of them said he would get me “by the scruff of the neck for £500” and get rid of me. I have done nothing wrong and this cannot be right that a drink licence is given to such people.

·       In the last few months, I have had many harassing text messages and threats from the same landlord’s agent and Russell Taylor. I know that everyone connected with the new leasehold owners and the landlord’s agent want to get rid of me. I have looked at my cameras and seen them discussing how to get me out as they stole the CCTV cameras and failed to realise that the cameras, they removed continued to record and down load their plots and plans as they were still connected to the wifi.

·       I do not think that the building complies with fire regulations. I have photographic evidence of this. There are 2 fire exits which evacuate in to the communal stair way of the 2 flats 4A and 4B Greek street which the bar downstairs use as a dumping ground for rubbish blocking stair ways which the only way for the occupants of the flats to escape if there is a fire. The fire alarm and fire extinguishers have not been maintained and serviced in this resident area which directly impacts the fire escapes from the bar and falls under someone such as Samocca to maintain.

·       The notice for the licence was applied for on 7th July 2023 but when it went up at the premises on 18th July, I took a photo of the form. It was immediately removed by a member of the staff from within the premises and has not to my knowledge been put back up. Is this not a legal requirement?

·       As the date to make a representation about the drink licences is approaching could someone, please contact me to help me. I am severely dyslexic so had to have help to type this letter. I need to talk to someone from your department on the telephone urgently. I am in constant fear of being wrongfully evicted from my flat by persons or a company that has applied to your department at Westminster Council for drink licences. I have significant long term health issues and the worry is affecting my mental health. Westminster Council should not give drink licences to any person or company that has behaved in such a threatening manner.

 

Policy Position

 

Policies CIP1, HRS1 and MD1 apply under the City of Council’s Statement of Licensing Policy (“SLP”).

 

Policy CIP1

 

A. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other than applications to:

1. Vary the hours within Core Hours under Policy HRS1, and/or

2. Vary the licence to reduce the overall capacity of the premises.

C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.

D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.

 

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.

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 foreach 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 MD1

 

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 Zone Policy SCZ1 if the premises are located within a designated zone.

5. The application and operation of the venue meet the definition of a music and dance premises or similar entertainment in Clause D.

B. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone other than:

1. Applications to vary the existing licence hours within the council’s Core Hours Policy HRS1, and/or,

2. Applications that seek to vary the existing licence so as to reduce the overall capacity of the premises.

C. The applications referred to in Clause B1 and B2 will generally be granted subject to:

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. 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.

3. The application and operation of the venue continuing to meet the definition of a music and dance premises in Clause D.

D. For the purposes of this policy a music and dance premises is

Defined as a premises whereby the primary purpose of the venue is to:

1. Provide regulated entertainment in the form of music, either in

the form of live performances or recorded, to customers.

2. Provide regulated entertainment in the form of music, either as live performances or recorded, and provide facilities for the provision of dance.

3. The sale by retail of alcohol may be provided as either a considerable element of the operation of the premises or ancillary to the provision of regulated entertainment.

a. Examples of venues that would fall within this policy are night clubs or bars that provide music and dancing.

b. De-regulated entertainment (as set out in the glossary will not be subject to this policy)

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer Kevin Jackaman introduced the application to the Sub-Committee. He advised that this was an application for a shadow licence under the Act in respect of 4 Greek Street London W1D 4DB. The application has been made by Samocca Assets Limitedrepresented by Niall McCann Solicitor. The Applicant has applied for a shadow licence on the same terms, plans and conditions as the current existing licence. Full details can be found on pages 2-3 of the agenda report. Representations have been made by the Licensing Authority however following agreement of a condition this was later withdrawn. A representation was also made by a local resident but they are not in attendance today. The Premises is situated within the West End Ward and falls within the West End Cumulative Impact Zone.

 

Mr Niall McCann appearing on behalf of the Sub-Committee addressed the Sub-Committee and advised that this was an application for a shadow licence with the Applicant being the freeholder of the building as landlord.

Mr McCann confirmed the following matters:

·       A shadow licence was granted by the Licensing Authority in 2020 under delegated authority by officers which then became operational due to the tenant falling behind with their rent. 

·       The rationale for the application is a protection mechanism so that the Applicant as landlord has the necessary protection in place if the current licence lapses for whatever reason.

·       These types of applications are usually granted by delegated authority as we are not adding to the current permitted hours, and it is only adding continuity if the current licence lapses.

·       We are of the view that the four licensing objectives will be promoted should the application be granted.

·       Referring to the resident one objector we feel that if he had genuine concerns then he should have raised them in the first instance with the tenant and then the freeholder or the relevant authorities but none of this has been done. He was directed to the Westminster Licensing Project for assistance which he declined; he has not responded to us.

·       In terms of the application this is on exactly the same terms as the existing licence save for one additional condition. There is to be no additional use or impact of granting the application.

 

Mr McCann said that it has been established in case law that a premises can have more than one licence in operation at anyone time.  He therefore requested that the Sub-Committee grant the application accordingly.

Conclusion

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

The Sub-Committee noted that the Applicant is the freehold owner of the Premises which is currently trading as Louche Soho, a live music venue and bar which has the benefit of a premises licence with a closing time of 02.30 hours. Given this terminal hour and the location of the Premises within the West End Cumulative Impact Zone, a premises licence is an asset which the Applicant is seeking to protect by applying for a Shadow Premises Licence which is common practice for landlords.

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 CIP1, HRS1 and MD1.

It was noted by the Sub-Committee that only the Licensing Authority initially objected from the Responsible Authorities but later withdrew their objection after agreeing a condition and so the remaining representation was that of a local resident.

The Sub-Committee noted the Applicant had tried to contact the local resident concerning the matters raised in the representation which in the main were of a landlord & tenant nature and therefore subject to private law. However, those issues that concerned licensing matters were duly considered when looking at the promotion of the licensing objectives. 

The Sub-Committee considering the evidence before it and the arguments advanced by McCann in his submissions to the Sub-Committee considered Paragraph D20 on page 28 of the SLP and all other relevant parts of the SLP. 

Paragraph D20 states:-

The Licensing Authority may consider granting applications for licences that duplicate the terms and conditions of the current operational licence for that same premises but are issued to the landowner, or other person with an interest in the property and that the licence has no affect by condition. These ‘Shadow Licences’ are normally sought by the landowner to protect the interest of their property due to the Policy to refuse certain new applications. A Shadow Licence will, in the event that a licence lapses, is surrendered or is revoked the property own can look to market the property with the licence. The holder of the Shadow Licence would in those circumstances need to apply to the Licensing Authority to vary the licence to remove any conditions preventing the use of that licence. At that point the Licensing Authority will consider whether the operation of the premises is likely to be an exception to policy. It will be for the Shadow Licence licensee to demonstrate that they are an exception within the applications operating schedule”.

The Sub-Committee using its discretionary powers concluded that Paragraph D20 of the Policy had been met by the Applicant on the basis that this was an application for a shadow licence identical to the existing Premises Licence in terms of hours and conditions. Therefore, the Sub-Committee could see no real justification for rejecting the application.  The Sub-Committee would request that the Licensing Authority should be informed of who eventually takes over the shadow licence.

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 for a shadow licence. The Sub-Committee was persuaded that the application met the policy requirements under the SLP and that an exception had been proven with valid reasons given by the Applicant.

The Sub-Committee arrived at this decision based upon the merits of the application and the various safeguards and measures the Applicant is to implement 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.

 

The Sub-Committee has imposed all the conditions with a slight variation to Model Condition MC97 as specified below in condition 41.

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has 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 Live Music (Indoors) Monday to Sunday 09:00 to 02:00 Seasonal variations: Private entertainment - Unrestricted Hours

 

2.        To grant permission for Recorded Music (Indoors) Monday to Sunday 00:00 to 00:00 Seasonal variations: Private entertainment - Unrestricted Hours

 

3.        To grant permission for Performance of Dance (Indoors) Monday to Sunday 09:00 to 02:00 Seasonal variations: Private entertainment - Unrestricted Hours

 

4.        To grant permission for Anything of a similar description to that falling within (e ), (f) or (g) (Indoors) Monday to Sunday 09:00 to 02:00

Seasonal variations: Private entertainment - Unrestricted Hours

 

5.        To grant permission for Late Night Refreshment (Indoors) Monday to Saturday 23:00 to 02:30 Sunday 23:00 to 02:00

Seasonal Variations: Sundays before Bank Holidays: 23:00 to 02:30

 

6.        To grant permission for Sale by Retail of alcohol (On and Off Sales)

Monday to Saturday 10:00 to 02:00 Sunday 12:00 to 00:30

Seasonal Variations: Sundays before Bank Holidays: 12:00 to 02:00

 

7.        To grant permission for the Opening Hours for the Premises

Monday to Saturday: 09:00 to 02:30 Sunday: 09:00 to 02:00

Seasonal Variations: Sundays before Bank Holidays: 09:00 to 02:30

 

8.        That the Premises Licence is subject to any relevant mandatory conditions.

 

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

 

Conditions attached by the Committee after a licensing hearing

 

10.      A noise limiter must be fitted to any musical amplification system and set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management 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.

 

10.      The premises shall install and maintain a comprehensive CCTV system as per the requirements of a Metropolitan 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. 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.

 

11.      A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. 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.

 

12.      The first floor windows shall be kept shut except in an emergency.

 

13.      On any evening where the premises or part of the premises are open for the purpose of music and dance, alcohol shall not be sold or supplied to persons entering that part of the premises except to:

(a) Persons who have paid a minimum admission fee of at least £5.00 Monday to Thursday and £7.00 Friday and Saturday for music, dancing and entertainment, such charges not to be credited against consumables; or

(b) Persons who have paid a minimum annual admission fee of at least £150 payable in advance for music, dancing and entertainment (not to be credited against consumables). A list of all persons who have paid an annual admission fee will be held at reception for inspection by the relevant authority; or

(c) Persons attending a private function/event booked at least 24 hours in advance, where the functions organiser's name and address is to be kept at reception for inspection by Police.

(d) Artistes or persons employed on the premises.

(e) Bona fide guests of the management not to exceed 10% of capacity, a list of whom shall be kept at reception for inspection by relevant authorities; or

(f) Persons taking full table meals a list of whom are held at reception for inspection by the relevant authorities.

 

14.      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.

 

15.      Non alcoholic beverages, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where alcohol is provided.

 

16.      The premises shall join the local pub watch scheme or other local crime reduction scheme approved by the police, and local radio scheme if available.

 

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

 

18.      Loud speakers shall not be located in the entrance lobby or outside the premises building.

 

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

 

20.      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.

 

21.      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.

 

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

 

23.      No unauthorised advertisement of any kind ( including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree or other property, or be distributed to the public.

 

24.      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

(d) Any incidents of disorder

(e) All seizures of drugs or offensive weapons

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

(g) Any refusal of the sale of alcohol

(h) Any visit by a relevant authority or emergency services

 

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

o Dry ice and cryogenic fog

o Smoke machines and fog generators

o Pyrotechnics including fireworks

o firearms

o lasers

o explosives and highly flammable substances

o Real flame

o Strobe lighting.

 

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

 

27.      The summary of the premises licence that the premises is actually operating under shall be prominently displayed at the reception of the premises so officers attending can be aware of which licence is in operational effect without speaking to a member of management.

 

28.      The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

 

29.      On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the where the existing terminal hour for the activities and/or closing hour for the premises ends after 02.00

 

30.      The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

 

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

Ground Floor - 160 persons

First Floor - 100

 

32.      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.

 

33.      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.

 

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

 

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

 

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

 

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

 

38.      All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flameretarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.

 

39.      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.

 

40.      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.

 

41.      The shadow licence will not take effect when the current licence is in operation until the current licence lapses is surrendered or revoked and an application has been approved for a minor variation to remove this condition.

 

 

 

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

 

The Licensing Sub-Committee

22 November 2023

 

Supporting documents: