Agenda item
Clays, 77 Brewer Street, W1F 9ZN
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 25 July 2024
Membership: Councillor Maggie Carman (Chair) Councillor Hamza Taouzzale and Councillor Caroline Sargent.
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Daisy Gadd
Committee Officer: Sarah Craddock
Presenting Officer: Sandra Robbie
Other Parties: Mr Alun Thomas and Mr Will Robinson (Solicitors for the Applicant, Thomas and Thomas)
Mr Thomas Snellock, Ms Gemma Steffenssen, Mr Roger Olsson and Ms Maddie Russell (Trigger Opcol4 Ltd, Applicant Company)
PC Reaz Guerra (Metropolitan Police Service - MPS)
Mr Anil Drayan (Environmental Health - EHS)
Ms Karyn Abbott (Licensing Authority – LA)
Mr Richard Brown, Westminster Citizens Advice Bureau Service, representing the Soho Society.
Ms M.T. (Soho Society)
Application for a New Premises Licence in respect of Clays 77 Brewer Street London W1F 9ZN 24/02953/LIPN
FULL DECISION
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 Clays 77 Brewer Street London W1F 9ZN (“The Premises”). The Premises intends to operate as a competitive socialising venue built around the time-honoured British tradition and sport of clay pigeon shooting adapted for the first time to an indoor immersive format using real (but de-activated) shotguns and cutting-edge electronic tracking and video technology. The Premises are located in the West End Ward and fall within the West End CIZ.
There is an existing licence (reference 24/02963/LIPT) and a shadow licence (reference 24/00187/LIPSL) for these Premises. These can be seen at Appendix 3 of the agenda report.
The Applicant has provided a summary of the proposal which includes submissions addressing the relevant policies relating to the application as well as capacity, management and dispersal plans. This can be seen at Appendix 2.
Assuming the Premises falls within policy CCSOS1 there is no policy presumption to refuse an application of this type. Although the Licensing Authority advances the argument that Policy COMB1 (and possibly Policy PB1) applies along with the Soho Society who object to the application.
There is a resident count of 52.
Premises
Clays
77 Brewer Street
London
W1F 9ZN
Applicant
Trigger Opco4 Ltd
Ward
West End
Cumulative Impact Area
West End Cumulative Impact Zone (“West End CIZ”)
Special Consideration Zone
N/A
Activities and Hours
Late Night Refreshment (Indoors)
Monday to Wednesday 23:00 to 00:00
Thursday to Saturday 23:00 to 01:00
Sunday N/A
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00
Sale by Retail of Alcohol (On the Premises)
Monday to Wednesday 10:00 to 00:00
Thursday to Saturday 10:00 to 01:00
Sunday 12:00 to 22:30
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00
Exhibition of Plays, Films, Live Music, Recorded Music, Indoor Sporting Events (Indoors)
Monday to Wednesday 10:00 to 00:00
Thursday to Saturday 10:00 to 01:00
Sunday 12:00 to 22:30
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00
Anything of a similar description (Indoors)
Monday to Saturday 10:00 to 00:00
Sunday 10:00 to 22:30
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00
Opening Hours of the Premises
Monday to Wednesday: 10:00 to 00:30
Thursday to Saturday 10:00 to 01:30
Sunday 12:00 to 23:00
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00
Representations Received
- The Licensing Authority (LA) (Kevin Jackaman)
- Metropolitan Police Service (MPS) (PC Reaz Guerra)
- Environmental Health Service (EHS) (Anil Drayan)
- The Soho Society
- One local resident
All representations citing concerns regarding all four licensing objectives, namely, Public Nuisance, Crime and Disorder, Public Safety and Protection of Children from Harm. The Soho Society and the local resident are requesting that the application be refused.
Policy Considerations
Policies CIP1, HRS1, COMB1, CCSOS1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Combined Use Premises Policy
Policy COMB1
B. Applications inside the West End Cumulative Impact Zones
for premises that propose to operate as a ‘combined use
premises’ will be considered on their merits and subject to:
1. The application meeting the requirements of
policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities for the relevant premises
use being within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late night
refreshment meeting the council’s Ancillary Delivery
of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant demonstrating that they will not add to
cumulative impact within the Cumulative Impact Zone.
C. When considering what weight is to be given to the relevant uses
and policies the Licensing Authority will take into account:
1. Whether it will undermine the licensing objectives.
2. The current and proposed use of the premises.
3. When those uses will take place.
4. What the primary use of the premises is or the uses that
will take place in different parts of that premises.
5. Whether there would normally be a presumption to refuse
an application for that use if it was operating as that
premises type and not a combined use premises.
6. Whether the hours sought for the all or parts of the
premises are within or outside the Core Hours.
D. The Licensing Authority will take into account, when considering
the application, the relevant considerations from each of the
appropriate premises uses policies within this statement.
E. For the purpose of this policy a Combined Use Premises means
premises which require a premises licence and where there is more
than one premises use, and where the uses are not dependent on/ or
part of the other uses i.e. are not ancillary to the other uses.
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 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.
Mrs Sandra Robbie, Presenting Officer, outlined the application to the Sub-Committee. She advised that representations had been received from the MPS, EHS and LA, the Soho Society and 1 local resident. She confirmed that the Premises is located within the West End Ward and in the West End CIZ. She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated to all parties.
Mr Alun Thomas, Solicitor appearing on behalf of the Applicant addressed the Sub-Committee. He showed a short video of the current world junior gold medal holder playing the immersive indoor clay pigeon shooting game and then outlined the application to the Sub-Committee.
Mr Thomas explained that the concept of Clays was an immersive group activity where people played the game whilst others in the group, such as an audience, watched them due to it being a competition. He advised that Clays had a proven track record at their two existing venues located in Moorgate and Canary Wharf which had been verified by the City for London Police and that this new Premises Licence would create 65 new jobs. He confirmed that the Applicant would surrender the existing Premises Licence if the application were granted.
Mr Thomas advised that the application was submitted under the Council’s Policy CCSOS1 as a “live sporting Premises” within CCSOS1 C3b and therefore the Applicant did not need to prove an exception to the Policy and/or to demonstrate that they would not add to the cumulative impact in the West End CIZ. He added that this was because of what the policy says about competitive socializing Premises and due to the diverse nature of the Premises within the West End area. He outlined how the Applicant was reducing the weekday hours so the only hours beyond the Council’s Core Hours Policy were one hour on a Friday and Saturday night and how the Applicant wished to replace the Council’s restaurant condition with a condition requiring ‘all licensable activities at the Premises to be ancillary to the main function of the Premises as a competitive socialising venue.’ He added that a minimum of 10 pegs had to be open for use whenever licensable activities were provided and the capacity of those pegs were up to 400 customers who would be taking part in the activity. He set out that the existing Premises Licence allowed for 188 customers to drink without food and had a terminal hour of 01:00 hours.
Mr Thomas advised that the primary use of this Premises was competitive socializing and therefore it should fall under Policy CCSOS1 and/or Policy COMB1. He emphasised that the Applicant did not have to prove exception and the Premises would not add to the cumulative impact because of its location within the West End. He referred to the MPS heat maps attached in the Additional Information Pack which indicated that there was very little cumulative impact in the vicinity of the Premises. He then referred to the decision notice for the Premises Boombox and advised that this Premises was located in a far worse CIA than Clays. He added that the Council’s Policy encourages a diversity of Premises within the West End.
Mr Thomas emphasised that the Applicant was not adding to the capacity of the Premises after midnight. He added that the Applicant had also agreed to a last entry condition. He considered that people would get a lot out of the Premises as it offered competitive socialising, an activity, food and drink and would therefore dilute cumulative impact because it was bringing people to the venue to do a different type of activity rather just going out for something to eat and drink.
Mr Thomas concluded by advising that the Applicant was not increasing capacity after midnight, that this type of Premises did not add to the cumulative impact area and that the MPS’s heat maps indicated that there was little cumulative impact in the location of these Premises.
In response to questions from the Sub-Committee, Mr Thomas confirmed that there had been no incidents in the existing two Premises since they had opened and by offering an activity, food and drink the customers had no reason to leave the Premises and go looking for further entertainment. He added they would finish their game and then make their way home. He again compared his application to the Boom Box and emphasised that Clays was a genuine competitive sport rather than beer ping pong that was held in Boom Box. He added that people took Clay pigeon shooting very seriously.
Mr Thomas advised of the food offer at the Premises which he considered was substantial finger food so customers could continue to participate and watch the sport whilst having something to eat and drink. He outlined that the head chef was very experienced and the food offer was very wide and accommodated all dietary requirements from vegan to kosher foods. He emphasised that the Applicant was only asking for an increase in capacity within Core Hours, with the capacity reverting to 360 (per the existing Premises Licence) after midnight, alongside a new condition imposing a last entry time of 23:30 on Thursday and midnight Friday and Saturday.
In response to questions from the Sub-Committee, Mr Thomas Snellock (Applicant) advised that his customer base was around the 24-34 age group, however, a wide range of people attended the corporate events booked at the Premises; and the vast majority of these bookings included a food package. He emphasised it was immersive entertainment. He then set out the operation of the Premises in more detail advising that there were 10 pegs with a combined capacity of 400 persons as well as a private room with an additional three pegs and one more peg upstairs, making a total of 14 pegs. He advised that an average game took around 90 minutes. He confirmed that all corporate packages included food and that 75% of people attending the existing two Premises ordered food whilst on the Premises. He advised that there were tables and chairs in all the booths.
Ms Karyn Abbott appearing on behalf of the LA addressed the Sub-Committee. She advised that there had been mediation and a visit between the LA and the Applicant. She outlined that the LA considered the application closely falls under Policy COMB1 and not policy CCSOS1. She outlined that the Council wished to see a less alcohol-led and a more diverse range and variety of uses available later at night in the West End area and therefore it was for the Committee to decide whether they were satisfied that the granting of this Premises Licence would not have an adverse impact on the West End Cumulative Impact Area.
Mr Anil Drayan appearing on behalf of the EHS addressed the Sub-Committee. He advised that they had provided pre-application advice to the Applicant and were satisfied that the Premises could safely hold 550 persons. He added that the final capacity would be agreed on completion of the works in the Premises. He confirmed that the capacity had been calculated regarding the number of toilets available in the Premises. He further advised that the EHS was also satisfied from a public nuisance and safety point of view that no noise and/or music from the sound systems would emulate from the Premises and therefore the Applicant would be able to promote the licensing objectives within the Premises. He explained that EH’s position was neutral, however, they had maintained their representation as it was a Licensing Committee decision to decide if the application applies with the policy for the West End area.
In response to a question regarding noise within the Premises, Mr Thomas advised that there were directional speakers in all the pegs and mats on the floor that absorb the gun shots, so they could not be heard in other parts of the Premises such as the bar and in no way could they be heard outside of the Premises.
PC Reaz Guerra appearing on behalf of the MPS addressed the Sub-Committee. He advised that although this Premises would not directly increase the crime and disorder in the area it would bring more people to an already busy area of the West End. He advised that the peak hours for crime and disorder was midnight until 04:00 hours with people leaving a variety of venues. He advised that the Premises already had a Premises Licence for 01:00 hours and so that would not change, however, it was the increase in capacity during the Council’s Core Hours that was the MPS concern in this case.
In response to questions from Mr Thomas and the Sub Committee, PC Reaz advised that he had not dealt with the Boom Box application and that every application was considered on its own merits. He emphasised that crime and disorder often occurred near tube/train stations.
Mr Richard Brown, Westminster Citizens Advice Bureau Service, appearing on behalf of the Soho Society, advised that the Soho Society wanted to achieve an appropriate balance of commercial, activities and residential within the West End area. He referred to the Cumulative Impact Assessment 2023 which confirms that the crime levels in Westminster are significant and associated with the night time economy.
Mr Brown advised that the significant swap regarding this application was the removal of the restaurant condition and replacing it with ‘all licensable activities at the Premises to be ancillary to the main function of the Premises as a competitive socialising venue.’ He emphasised that the Soho Society’s view was that this was not an adequate swap so as to promote the licensing objectives and the aims of the policy, especially because of the increase in capacity from 360 to 550 persons.
Mr Brown then set out the difference between the existing Premises Licence and the application that was set out in his submission at pages 7 and 8 in the additional information pack. He advised that further information was needed regarding the actual use of the shooting pegs throughout the later hours and how many people were actually using the ‘gun’ at any one time. He considered that the majority of people as in the Boom Box application should be actively engaged in the sporting activity at any one time.
Mr Brown referred to the MPS’s heat map. He endorsed that crime was common around transport hubs and therefore an increase in capacity would have an impact in the cumulative area as a whole. He considered whether the Applicant actually needed a 550 capacity and the late-night hours until 01:00 hours as the Applicant’s Premises in Moorgate and Canary Wharf closed at midnight.
Mr Brown then referred to Mr Thomas’s submissions regarding the Boom Box and strongly advised that all applications should be considered on their own merits. He further advised that Mr Thomas could pick out bits that helped him however he could do the same and therefore applications already granted should not be used or set a precedence to grant future application.
Ms M.T (Soho Society) advised that she lived locally and that the heat maps were irrelevant when so many people were moving around the West End area and the total number of people in the area needed to be considered by the Sub-Committee. She advised that the Piccadilly Circus area was now very built up and a hot spot for anti-social behaviour and crime and disorder. She was concerned how dark Brewer Street was at night and explained how unsafe residents felt now walking around Soho. She advised of the high statistics of mobile phone theft and how the high numbers of people in Soho attracted criminals to the area.
Ms M.T considered that an increase of 190 people was significant in the cumulative impact area. She advised that she had visited the Premises and had found this very worthwhile. She advised that there seemed to be no restrictions on alcohol and that patrons could drink throughout their visit. She wondered how customers would be dispersed. She referred to the bottom brunch offers and shot offers at the other venues and she requested that the Committee did not increase the capacity of the Premises.
Mr Horatio Chance, Legal Advisor to the Sub Committee, referred to page 72 of the Agenda Pack and discussed whether Clay pigeon shooting was deregulated until 23:00 hours under the Act and the wording to the proposed condition 11.
Ms Daisy Gadd, Policy Advisor to the Sub Committee, advised that it would be useful for Mr Thomas during his summary to advise what customers would be doing when they were not actively engaging in clay shooting and what measures the Applicant would take to mitigate cumulative impact in the West End area.
During his summing up Mr Brown strongly advised that he considered that the application did not fall within the Council’s CCSOS1 policy however what was key was the effect that granting this application would have on the cumulative impact in the whole West End area. He advised that the increase of 190 customers was significant as so was what would customers be doing when they were not clay pigeon shooting. He strongly emphasised that the Applicant should kept the capacity as set out in the existing licence for the Premises.
During his summing up, Mr Drayan requested that the Council’s Model Conditions 32 and 33 conditions be attached to the Premises Licence unless the Applicant was planning to use the Council’s waste collection for the street as this would help reduce the traffic in the area.
During his summing up, Mr Thomas advised that the Council strongly encourages a greater diversity of attractions in the West End area by shifting the focus away from alcohol and drawing a more diverse crowd which was set out repeatedly in policy paragraphs B4, B5, D9, D26 and E9. He set out that they reduced the capacity at midnight by simply reducing the bookings and that shots would not be part of package/the offer in this Premises. He explained that the DJ would be playing a wide range of music which was much more interesting than a tape on repeat. He advised that bottomless brunch would be on offer for 60-90 minutes however the Premises prided itself on quality and not quantity.
Mr Thomas outlined that the granting of this Premises would not add to cumulative impact because of the reduction of the hours at the beginning of the week and because there was no increase in capacity after core hours. He set out that there were 400 people actively participating in Clay Pigeon shooting at any one time as each turn takes 2-3 minutes so rotation was pretty constant. He emphasised that there would not be an increase in people drinking on the Premises compared to the existing Premises Licence.
Mr Thomas referred to the Police’s submission about crime and disorder and set out that there was no increase in capacity after midnight when the increase in crime and disorder starts. He added that the Applicant had also agreed to a last entry condition. He advised that allowing a 01:00 hour finish time gave the Applicant flexibility within his business model. He concluded that this Premises would provide a broader experience for people visiting the West End and would form part of the solution to the issues within the West End.
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 this application.
The Sub-Committee had regard not only to the written and oral evidence but also to the Act, the Revised Home Office Guidance issued under section 182 of the Act and the City Council’s SLP, in particular policies CIP1, HRS1, COMB1 and CCSOS1.
In order to determine what policy the Premises came within it was important to establish how the Premises is to operate so the style, nature and character of the Premises were crucial factors in determining what policy was applicable. It was the Sub-Committee’s considered view that Policy CCSOS1 was in line with the evidence presented and therefore the correct policy to apply. Mention was made of Policies PB1 and COMB1, however Policy PB1 was considered not to apply in its entirety, nor was Policy COMB1 either as the Premises, whilst a multi-functional premises with the emphasis being on live sport where the activity is being held within a building where the sport and audience are accommodated wholly within the Premises as required under Policy CCS0S1.
The Sub-Committee noted that under Policy CCSOS1 there is no policy requirement to show exceptional circumstances and the application should generally be granted provided the Applicant is able to demonstrate that the proposals will not add to cumulative impact in the West End CIZ.
The Sub-Committee had regard to paragraph C (3) on page 72 of the SLP which states:-
“For the purposes of this policy the primary function of a cinema, cultural venue and live sporting premises is defined as:-
3. Live Sporting Premises: the premises or the use to which the licence is intended for
a. Live sporting events in the form of boxing and wrestling which takes place either inside or outside in the presence of an audience.
b. Live sporting events that are licensable as they are being held within a building where the sport and audience are accommodated wholly or partly inside that building.
The Sub-Committee decided after hearing the evidence that the Premises fell within CCS0S1 and noted that there is no presumption to refuse an application of this type within the West End CIZ, provided this did not conflict with other policies covered under Paragraph B on page 72. Due to the Applicant scaling back the hours to core hours (with the exception that the terminal hour Thursday to Saturday was one hour later) this meant that the Applicant was not required to prove exceptional reasons but rather would the granting of the application lead to cumulative impact in the West End CIZ and therefore undermine the licensing objectives.
The Sub-Committee noted that Conditions had been agreed with the Responsible Authorities namely the MPS, EHS and the LA although each were asking for the Sub-Committee to consider Policy COMB1 as opposed to Policy CCSOS1.
The Sub-Committee noted the concerns of the Responsible Authorities but this was not an application which merited an outright refusal based on the evidence presented. The Application fell within core hours save for Thursday to Saturday and as such came within the HRS1 Policy which states that consideration will be given to those hours. Further, there was no obligation on the Applicant to prove exceptionality under Policy CCSOS1.
The Sub-Committee having carefully considered the matter and the evidence before it decided to Grant the Premises Licence with the licensable activities applied for and to core hours with the exception that Thursday to Saturday the terminal hour would be 01:00. The Sub-Committee considered that this was the right balance when considering the objections from the parties who had objected and for the start time and terminal hours accordingly having regard to the s.182 Guidance and the City Councils SLP.
The Sub-Committee noted the various undertakings and commitments given by the Applicant into the daily running of the Premises and the robust management practices the Applicant was to employ, by an experienced team use to running a similar venue in the City of London which was advised to not be a problematic venue as well as the many offered conditions which would have the desired effect of promoting the licensing objectives.
The Sub-Committee considers that the conditions it has imposed on the premises licence to include CCTV and SIA by way of security, log incident records, queues signage, a direct telephone number for the manager of the Premises, last entry time, restricting the Premises use so that provision of licensable activities shall be ancillary to the main function of the premises as a competitive socialising and virtual indoor clay target shooting venue, setting a capacity limit of 360 after Midnight, staff training, Challenge 25, food to be made available in all parts of the Premises, service of alcohol by waiter/waitress service in all parts of the Premises other than the
hatched pink areas, a works condition requiring the EHS to sign off the necessary works before licensable activities can commence and collections of waste to the Premises within permitted hours so as to prevent nuisance and the inclusion of Model Conditions to be appropriate and proportionate and will have the overall effect of promoting the licensing objectives, in particular the prevention of public nuisance and crime and disorder licensing objectives.
In reaching its decision, the Sub-Committee concluded that the conditions now attached to the licence would mitigate and alleviate the residents’ concerns of the parties who had objected and were appropriate, proportionate, enforceable and would have the desired effect of promoting the licensing objectives.
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 Late Night Refreshment (Indoors) Monday to Wednesday 23:00 to 00:00 Thursday to Saturday 23:00 to 01:00
Sunday N/A Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00.
2. To Grant permission for the Sale by Retail of Alcohol (On the Premises) Monday to Wednesday 10:00 to 00:00 Thursday to Saturday 10:00 to 01:00Sunday 12:00 to 22:30 Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to a bank holiday: 10:00 to 01:00.
3. To Grant permission for Exhibition of Plays, Films, Live Music, Recorded Music, Indoor Sporting Events (Indoors) Monday to Wednesday 10:00 to 00:00 Thursday to Saturday 10:00 to 01:00Sunday 12:00 to 22:30. Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.Sundays immediately prior to a bank holiday: 10:00 to 01:00.
4. To Grant permission for Anything of a similar description (Indoors) Monday to Saturday 10:00 to 00:00 Sunday 10:00 to 22:30 Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.Sundays immediately prior to a bank holiday: 10:00 to 01:00.
5. To Grant permission for the Opening Hours of the Premises Monday to Wednesday: 10:00 to 00:30Thursday to Saturday 10:00 to 01:30
Sunday 12:00 to 23:00 Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays immediately prior to a bank holiday: 10:00 to 01:00
6. That the Licence is subject to any relevant mandatory conditions.
7. That the conditions as specified below and numbered 8-46 are imposed on the premises licence which are considered appropriate and proportionate to promote the licensing objectives
Conditions imposed by the Committee after a hearing with agreement of the Applicant:
8. a. The provision of licensable activities shall be ancillary to the main function of the premises as a competitive socialising and virtual indoor clay target shooting venue.
b. A minimum of 10 competitive socialising areas must be open for public use whenever licensable activities are provided at the premises.
9. There shall be no new entry to the Premises by customers after 23:30 on Thursdays and after 00:00 on Fridays and Saturdays.
10. 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.
11. Save for the areas hatched pink on the premises plan the sale of alcohol shall only be by Waiter/Waitress service.
12. A challenge 25 proof of age scheme shall be operated at the premise where the only acceptable forms of identification are recognised photographic identification cards such as a driving licence, passport or proof of age card with the PASS hologram.
13. There shall be no takeaway of hot food and hot drinks after 23:00 hours.
14. All external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.
15. No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
16. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
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 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.
19. 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.
20. 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, or scanning equipment;
g. Any refusal of sale of alcohol;
h. Any visit by a relevant authority or emergency service.
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of the local residents and businesses and leave the area quietly.
22. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
23. During the hours of operation, 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.
24. No drinks shall be taken outside the premises.
25. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
26. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
27. 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.
28. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.
29. 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.
30. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 and 08.00 hours on the following day unless it is during Westminster City Councils collection times for the street.
31. No deliveries to the premises shall take place between 23:00 and 07:00 hours on the following day unless it is during Westminster City Councils collection times for the street.
32. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.
33. 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.
34. 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.
35. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
36. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
37. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
38. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
39. The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.
40. The premises licence holder shall ensure that:
(a) All licensed SIA door staff on duty at premises shall be equipped with Body Worn Video (BWV), capable of recording audio and video in any light condition as per the minimum requirements of the Westminster Police Licensing Team.
(b) All recordings shall be stored for a minimum period of 31 days with date and time stamping, and
(c) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
41. All management shall receive Welfare and Vulnerability Engagement (WAVE) training or similar by a qualified trainer, and once every 12 months thereafter. The date the training was provided and signed confirmation from the member of staff shall be recorded and made available for inspection by the Responsible Authorities upon request.
42. No licensable activities shall take place at the premises 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.
43. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined, such capacity not to exceed 550 (excluding staff) at any time.
44. After midnight the maximum number of persons in the premises at any one time shall not exceed 360 (excluding staff).
45. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
46. No licensable activities shall take place at the premises until premises licence 24/02963 (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
47. No licensable activities shall take place at the premises 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
25 July 2024
Supporting documents:
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Clays 77 Brewer Street_Report_PUBLIC, item 1.
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