Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Basement to First Floor 30 Dean Street W1D 3SA	New Shadow Premises Licence	24/01178/ LIPSL
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6

(“The Committee”)

 

Thursday 16 May 2024

 

Membership:           Councillor Maggie Carman (Chair) Councillor Hamza Taouzzale and Councillor Karen Scarborough

 

Officer Support:       Legal Advisor – Michael Feeney

                                Policy Officer – Kerry Simpkin

Committee Officer – Katherine Stagg
Presenting Officer – Roxsana Haq

 

Others present:       Gary Grant (Counsel) and Alun Thomas (Thomas and Thomas Partners) representing the Applicant, James Rankin (Counsel) representing the Metropolitan Police Service, James Hayes (Licensing Authority), Anil Drayan (Environmental Health Services), Richard Brown representing the Soho Society

 

Application for a New Shadow Premises Licence in respect of Basement to First Floor, 30 Dean Street, London, W1D 3SA

 

Full Decision

Premises

 

Basement to First Floor

30 Dean Street

London

W1D 3SA

 

Applicant

 

Soho Estates Ltd

 

Ward

 

West End

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

Summary of Application

 

The Premises operates as an SEV and bar. The application is for a shadow premises licence in the same terms, conditions and plans as the current premises licence.  

 

Representations Received

 

Licensing Authority

Metropolitan Police Service

Environmental Health Service

Three Local Residents

 

Issues raised by Objectors

 

Licensing Authority: The Applicant is encouraged to provide submissions as to how the operation of the premises will not add to cumulative impact and how they intend to manage potential risks. A condition restricting the involvement of named individuals in the running of the Premises was proposed.

 

EHS: Pending the on-going review of the current premises licence, the application may adversely affect public nuisance and public safety.  

 

MPS: The application may undermine the prevention of crime and disorder, as the current premises licence is subject to a review application.

 

Soho Society: There are concerns with the recent history of the Premises. The Soho Society is willing to withdraw its representation if the Applicant was willing to agree to MC97.

 

Policy Considerations

 

Policies CIP1, HRS1, SCEV1 and PB1 apply.

 

Submissions

 

1.     The Presenting Officer, Roxsana Haq, introduced the application and explained that the Applicant was seeking a new shadow premises licence.

 

2.     Mr Grant for the Applicant explained that the application was being made to ensure that the building remained as a licensed premises, regardless of the decision made as to whether to revoke the premises licence or the SEV Licence. Mr Grant submitted that the recent history with the Premises demonstrated there was a problem with the licence holder, but not with the operation as a licensed premises. It was not in anyone’s interests for the building to remain empty.

 

3.     The Applicant was a respected and responsible landholder with an excellent working relationship with the Responsible Authorities. The Applicant could be trusted, and a shadow licence is an insurance policy, which is perfectly valid in law. If the premises licence and SEV licence were revoked, then the shadow licence could be marketed to other responsible tenants. Without the shadow licence, there was no guarantee that a further licence would be granted, particularly given the Premises’ location in the CIZ.

 

4.     Mr Grant submitted that the shadow licence would not add to cumulative impact since the Premises already has a premises licence. The Application at worst would maintain the status quo. Mr Grant then referred to page 88 of the Additional Information pack, where three conditions were offered. The first was a variation of Model Condition 97, saying that if the primary licence stays in existence then the shadow licence does not take effect. Mr Grant submitted that MC97 undermines the very purpose of a shadow licence, and in the Applicant’s view was likely to be unlawful. The second condition was that named individuals shall not have any involvement in the day to day running of the Premises. The final condition was that the licence would not be transferred to Sohomead Ltd and (at the suggestion of the MPS) the Applicant was happy to add ‘or any associated companies’. These conditions ensured that the shadow licence was not a backdoor attempt for the current premises licence holder to start running the Premises again.

 

5.     Mr Grant also noted that the shadow licence would not permit SEV activities. A tenant wishing to operate an SEV would have to apply for an SEV Licence if the current SEV Licence were revoked. The Council’s Statement of Licensing Policy (‘SLP’) at paragraph I22 highlights an advantage of shadow licences, namely that where a landlord is a licence holder then they have further responsibilities to promote the licensing objectives. Granting the application would impose further supervisory duties on the Applicant. In summary, the Application would enable the continued existence of the building as a licensed premises, and it would not have any negative effects.

 

6.     Mr Hayes for the Licensing Authority explained that the Licensing Authority was initially concerned that the application could potentially be used as a way for the current operator to continue running the Premises. The Licensing Authority stated that the issues with the Premises were inside the Premises and there was no history of environmental issues. The Sub-Committee could grant the application if it was satisfied that it would not add to cumulative impact, but the Licensing Authority would welcome a condition preventing the transfer of the shadow licence to the current premises licence holder and the imposition of MC97. The Licensing Authority were content with the condition restricting named people proposed by the Applicant.

 

7.     Mr Drayan for EHS stated that EHS had an issue with shadow licences, as they could produce a ‘conveyor belt’ of licences, where the primary licence gets reviewed or revoked and someone puts in a shadow licence application. Mr Drayan added that generally premises licences that operate with an SEV licence cause fewer problems from a public nuisance/public safety point of view. There was therefore potential for cumulative impact to be added if the shadow licence were operated without an SEV licence.

 

8.     In response to questions from the Sub-Committee, Mr Drayan confirmed that the Premises would likely cause more issues for the licensing objectives if it were operated as a nightclub compared to an SEV.

 

9.     Mr Rankin for the MPS stated that the MPS were neutral on the application, subject to the Applicant’s third proposed condition being amended as highlighted by Mr Grant.

 

10. Mr Brown for the Soho Society stated that the Soho Society had proposed MC97, which was in accordance with paragraph D20 of the SLP. MC97 operates to defer consideration of the application and the specific operation until a later date. There was no such thing as a ‘shadow licence’ in the legislation, and an application for a new shadow licence needs to be scrutinised the same as any other licence application. Paragraph D20 of the SLP and MC97 reflect that in many or most cases a shadow licence will not add to cumulative impact but that is not always the case and there may be cases where it is appropriate to give more detail. The Soho Society was therefore fairly neutral, subject to MC97 being added.

 

11. In response to a question from the legal advisor, Michael Feeney, Mr Brown stated that MC97 was a model condition and therefore approved by the Council’s legal department. MC97 was an acknowledgement that shadow licences are legitimate, and the Soho Society did not have any issues with the applicant applying for a shadow licence. Mr Grant responded that MC97 by preventing use if the current licence is or is not in operation defeated the entire purpose of a shadow licence to find a new tenant. The Applicant’s proposed condition was preferable, as it would provide clarity and assist with enforcement if required. Mr Grant also noted that the police would be able to object to the transfer of the shadow licence.

 

12. In summing-up, Mr Hayes stated that the Licensing Authority requested MC97 for almost every shadow licence application and they would request it to be included.

 

13. In summing-up, Mr Grant added that the Applicant was wiling to agree to a condition that the Premises shall not operate as a nightclub. The Applicant (without agreeing to the condition- it would prefer for it not to be included) also suggested that potentially a condition could be added stating that the Premises Licence shall operate only in conjunction with an SEV licence.

 

Conclusion and Reasons

 

1.     The Committee has determined an application for a Premises Licence under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application.

 

2.     Shadow licences are well-established and legitimate in licensing, and there was no fundamental objection from the Responsible Authorities or the Soho Society to the application being granted. The main issue was whether the shadow licence should include MC97.

 

3.     MC97 is as follows: ‘The shadow licence will not take effect when the current licence is in operation, or it lapses, is surrendered or revoked.’ Paragraph D20 of the SLP explains the interaction between shadow licences and the CIZ as follows: ‘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 not affect by condition. These ‘Shadow Licences’ are normally sought by the landowner to protect the interests 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 owner 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.’

 

4.     The Sub-Committee in this case considered it appropriate and proportionate to impose MC97 in line with the recommendation of the SLP. The Premises is situated in the CIZ. There was no detail available as to the nature of the business that might be run from the Premises in the future, and in those circumstances it was not possible for the Sub-Committee to conclude that the shadow licence without MC97 would not add to cumulative impact. The imposition of MC97 would ensure that the licence holder would have to apply for a variation of the licence to remove MC97. At that stage, there would be more detail available and the Sub-Committee would be in a position to assess whether the application would or would not add to cumulative impact. The Sub-Committee did not agree with the Applicant that MC97 undermines the purpose of shadow licences, as the Applicant would still be able to market the Premises with a shadow licence to potential new tenants. However, MC97 was an important safeguard to ensure scrutiny of applications, particularly within the CIZ. 

 

5.     The Sub-Committee agreed with all parties that the other conditions proposed by the Applicant should be added to the shadow licence to ensure that the shadow licence would not be able to be used by the current premises licence holder. It was also appropriate and proportionate to add the condition offered by the Applicant that the Premises shall not operate as a nightclub, as this particular operation would add to cumulative impact. Finally, the Sub-Committee did not consider it appropriate and proportionate to impose a condition requiring that the Premises Licence be used only in conjunction with an SEV licence, as other potential businesses could also operate from the Premises in a way that would promote the licensing objectives and that would not add to cumulative impact.

 

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 Live Music (Indoors) Monday to Saturday 09:00 to 01:00, Sunday 09:00 to 23:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

2.     To grant permission for Recorded Music Monday to Sunday 09:00 to 09:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

3.     To grant permission for Provision of facilities for making music Monday to Saturday 09:00 to 01:00, Sunday 09:00 to 23:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

4.     To grant permission for Provision of facilities for entertainment of a similar description to making music or dancing Monday to Saturday 09:00 to 01:00, Sunday 09:00 to 23:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

5.     To grant permission for Performance of Dance Monday to Saturday 09:00 to 01:00, Sunday 09:00 to 23:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

6.     To grant permission for Anything of a similar description to that falling within (e), (f) or (g) Monday to Saturday 09:00 to 01:00, Sunday 09:00 to 23:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

7.     To grant permission for Late Night Refreshment Monday to Saturday 23:00 to 01:30, Sunday 23:00 to 01:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

8.     To grant permission for Sale by Retail of Alcohol (On and Off Sales) Monday to Saturday 10:00 to 01:00, Sunday 12:00 to 00:30. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1.

 

9.     To grant permission for the Opening Hours of the Premises Monday to Saturday 09:00 to 01:30, Sunday 09:00 to 00:00. For times authorised for Christmas, New Year and Good Friday see conditions at Annex 1. Restricted access to children due to presence of full nudity in accordance with Sexual Entertainment Venue Licence.

 

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

 

11. 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 marked with an asterisk (‘*’) shall not apply when a Sexual Entertainment Licence is in effect at the premises.

 

12. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

 

13. On New Year’s Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year’s Eve to the time when regulated entertainment can commence on New Year’s Day (or until midnight on New Year’s Eve where no regulated entertainment takes place on New Year’s Day).

 

14. Notwithstanding the provisions of Rule Management No.6 the premises may remain open for the purposes of this licence from 11pm on each of the days Monday to Saturday to 1am on the day following.

 

15. Patrons shall not be permitted to queue outside the premises.

 

16. Notices shall be prominently displayed at the exits reminding patrons that the premises are within a residential area. The notices shall also request patrons to leave in a quiet and orderly manner.

 

17. Deliveries to the premises shall not take place before 8am.

 

18. No person under 18 years of age shall take part in a striptease performance or shall otherwise be employed or allowed in the premises whilst the premises are in use under this licence.

 

19. Striptease will only be provided by the performers and the audience will not be permitted to be on the stage or participate in any other way.

 

20. Persons who have paid the fee allowing them to visit the premises as many times in one day as they wish may only be allowed re-entry to the premises up to 11pm. Thereafter, the minimum entrance charges at Condition 15 will apply with no re-entry.

 

21. There shall be no payment made by or on behalf of the licensees to any person for bringing customers to the premises.

 

22. No gaming otherwise than by machines authorised under part III, Gaming Act, 1968.

 

23. Striptease performances will only be provided by the dancers and the audience will not be permitted to participate in any way.

 

24. No persons under the age of 18 years shall be allowed to enter or remain on the licensed premises, and a clear notice shall be displayed, in the following terms, at the entrance to the premises in a prominent position so that it can be easily read by persons entering: NO PERSON UNDER 18 YEARS WILL BE ADMITTED.

 

25. The sound level at the premises to be maintained at a level so as to prevent noise escape to the exterior.

 

26. Customers shall not be permitted to form a queue outside the premises and thus obstruct the pavement.

 

27. Silence notices to be placed by the exits warning patrons that the premises are in proximity of residential premises and requesting them to make an orderly exit.

 

28.  (i) Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitting hours.

 

In this condition, permitted hours means:

 

(a)  On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10:00 to 23:00.

(b)  On Sundays, other than Christmas Day or New Year’s Eve, 12:00 noon to 22:30.

(c)   On Good Friday, 12:00 to 22:30.

(d)  ON Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

(e)  On New Year’s Eve, except on a Sunday, 10:00 to 22:30.

(f)    On New Year’s Eve on a Sunday, 12:00 to 22:30

(g)  On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00:00 midnight on 31^st December).

 

(ii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year’s Eve), and on Christmas Day, between 15:00 and 19:00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

(iii) (a) Alcohol may be sold or supplied until 01:00 in the morning following weekdays (other than Good Friday and Christmas Day), 00.30am in the morning following Sundays (other than Christmas Day) and 00.30 in the morning following Good Friday to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by that person in that part of the premises as an ancillary to his meal.

 

(b) That part of the premises must also be used for the provision of entertainment by persons present and performing to which the sale or supply of alcohol is also ancillary.

 

(c) That alcohol must be sold or supplied at the time before (i) the provision of entertainment by persons present and performing or (ii) the provision of substantial refreshment, has ended. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

(d) This condition does not authorise any sale or supply to any person admitted to the premises either after midnight (23:00 on Sunday) or less than half an hour before the entertainment is due to end, except in accordance with condition number 28(ii) above.

 

NOTE- The above restrictions do not prohibit:

 

(a)  During the first thirty minutes after the above hours the consumption of the alcohol on the premises;

(b)  During the first twenty minutes after the above hours, the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c)   During the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

(d)  The sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(e)  The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(f)    The sale of alcohol to a trader or registered club for the purposes of the trade or club;

(g)  The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces ;

(h)  The taking of alcohol from the premises by a person residing there;

(i)    The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(j)    The supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

In this condition any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

 

29. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

 

(a)  He is the child of the holder of the premises licence.

(b)  He resides in the premises, but is not employed there.

(c)   He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d)  The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

 

In this condition ‘bar’ includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

 

 

30. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of the premises licence:

 

(a)  To station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,

(b)  To control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and

(c)   To take all other reasonable precautions for the safety of the children. 

 

31. The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day.

 

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

 

33. The maximum number of persons, including staff, to be present in the licensed premises shall not exceed the number specified from time to time by the proper officer of the London Fire and Civil Defence Authority. Maximum number of persons permitted (including staff) – 65.

 

34. Two SIA licensed doormen shall be on duty at the premises at all times and shall routinely monitor the premises.

 

35. *An SIA trained licensed doorman shall be predominately based in the basement area during any stage performances.

 

36. *Whilst the premises are in use under this licence Rule Management No.4 is waived in part so as to only permit the performance of striptease on the raised stage or designated dance area in the basement.

 

37. *At least one ‘Personal Licence Holder’ shall be present during the whole time intoxicating liquor is supplied, sold or consumed.

 

38. * Striptease and nudity shall only be allowed in the basement floor, on a raised stage or in the private designated dance area as indicated on the Premises Plan. The stage performance provided to customers seated in theatre style seating or customers standing in the area to rear of that seating only. The private performance provided in the Designated Dance area to customers seated on fixed seating within the area.

 

39. * Striptease or nudity shall only be allowed in performance presented by or in association with the licensees in the designated dance or stage areas.

 

If at any time hostesses are operating at the premises Conditions 38-43 shall apply:

 

40. *The Code Conduct for hostesses shall be lodged with the Police Authority responsible for licensing and Westminster City Council Licensing Authority. All hostesses shall sign the Code of Conduct as agreed by the Police in their proper name acknowledging that they have read and understood, and are prepared to abide by the said Code of Conduct, and copy so signed shall be retained by the licensees and shall be readily available for inspection by the Police and/or authorised persons upon reasonable request.

 

41. *A record shall be kept at the premises of the real names, addresses and ‘stage names’ of all hostesses and this record shall be readily available to the Police and/or the Licensing Authority upon reasonable request.

 

42. *A notice outlining the Code of Conduct for the customer- as agreed with the Police- shall be positioned at the entrance, reception, bar area and table menus. It shall be of an adequate size (font 16) so that it can be easily read by the customer.

 

43. *All hostesses’ activities shall be conducted openly and at no time shall hostesses entertain customers in areas of the premises that are screened, hidden by curtains or not in public use.

 

44. *Hostesses will not accept any telephone number or any other contact information from any customer.

 

45. *Customers will not be in the company of the hostess except in any area open to the public within the Club.

 

46. *Customers must remain fully clothed at all times. The dancers must not remove any of the customers’ clothing at any time.

 

47. *There shall be no indecent conduct between the customer and dancers.

 

48. *Customers will not offer any payment in return for sexual favours.

 

49. *At all times customers will behave in a decent and appropriate manner. Any customers not acting in accordance with these codes of conduct will (at the management’s discretion) be asked to leave the premises.

 

50. *There shall be no physical contact between dancers whilst performing.

 

51. There shall be no physical contact between customers and the dancers except for the placing of money or tokens in a garter or into the hands of the dancer at the beginning or conclusion of the performance. Whilst the dancers are performing there shall be a minimum distance of one metre between the dancer and the seated customers. Notices to this effect shall clearly be displayed at each table and at the entrance to the premises.

 

52. CCTV will be installed in the whole of the licensed areas, including all dance areas, and in particular cameras to be placed to cover the entrance, the toilet entrance and the entrance to the dancers changing room. All cameras will continually record whilst the premises are open to the public. The recordings will be retained for a period of 28 days, time/date stamped, and made available to the statutory authorities upon request (all areas are to be sufficiently lit, in order that the recorded images are of reasonable quality).

 

53. Suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

 

54. *On any day that performers are taking part in acts of striptease (whether on stage or at table side) they shall not perform towards each other, or make any physical contact with another person.

 

55. *Such striptease and topless performers shall be engaged subject to the rules the same as or similar to the Management Rules of Conduct deposited with the Licensing Authority. The striptease dancers shall be provided with copy of those rules.

 

56. *Entertainment may be provided solely by fully nude dancers to customers seated at tables in the approved part of the premises. No audience participation shall be permitted.

 

57. *The maximum number of customers accommodated in the area at any one time shall be 4 persons excluding staff, dancers, or hostesses.

 

58. Consumption of alcohol is permitted outside the premises subject to being restricted to the Designated Smoking Area supervised by a licensed doorman positioned outside the premises at all material times and involves a maximum of 10 patrons at any one time.

 

59. No licensable activities shall take place until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.

 

60. Before the premises open to the public, the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

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

 

62. The capacity of the first floor terrace shall be limited to a maximum of seven persons, including staff.

 

63.Mr Sajead Ghaffar, Mr Gavin Venamore and/or Mr Declan Joseph Forde shall not have any involvement in the day to day running of the Premises, management of the Premises or management of the operation of the Premises.

 

64.The shadow licence may not be transferred to Sohomead Ltd or any associated companies.

 

65.The Premises shall not operate as a nightclub.

 

66.  This licence will not take effect when the current licence (21/02690/LIPDPS or successor licence) is in operation, or it lapses, is surrendered or revoked.

 

 

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

 

The Licensing Sub-Committee

16 May 2024