Agenda item
"14", Basement, Victory House, 14 Leicester Square, WC2 - Licensing Act 2003 application
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
St James’s Ward / West End Cumulative Impact Area |
"14", Basement, Victory House, 14 Leicester Square, WC2 |
Variation of premises licence – LA03 |
17/01159/LIPV
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Minutes:
LICENSING SUB-COMMITTEE No. 6
Thursday 18th May 2017
Membership: Councillor Melvyn Caplan (Chairman), Councillor Julia Alexander and Councillor Rita Begum
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Yolanda Wade
Relevant Representations: Objecting to the Application:
Environmental Health, The Metropolitan Police and The Licensing Authority.
Supporting the Application:
Eight local businesses, one local resident, The Leicester Square Association and the Heart of London Business Alliance.
Present: Mr Philip Kolvin QC (Barrister, representing the applicant), Ms Lana Tricker (on behalf of the applicant), Mr Simon Warr (Director, Applicant Company) Mr Ian Watson (Environmental Health), PC Toby Janes (Metropolitan Police), Mr David Sycamore (Licensing Authority) and Mr Fadil Maqedonci (local resident).
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“14”, Basement, Victory house, 14 Leicester Square 17/01159/LIPV
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1. |
Recorded Music |
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Seasonal Variations/Non-Standards Timings:
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee considered an application by Number Fourteen (Management) Ltd for a variation of a premises licence in respect of “14”, Basement, Victory House, 14 Leicester Square, London.
The Chairman confirmed that the applicant had submitted two different applications for the premises, a variation of the premises licence under the Licensing Act 2003 and a variation of the Sexual Entertainment Venue (SEV) premises licence. With the agreement of all the parties present it was decided to hear both applications simultaneously.
The Licensing Officer provided an outline of the applications to the Sub-Committee and confirmed that the applicant had agreed to amend the hours for the sale of alcohol to 17:00 to 05:30 Monday to Saturday.
The Council’s Legal Adviser confirmed that a further amendment to condition 48 had been submitted by the applicant further restricting the capacity of the premises as follows:
At the request of the Sub-Committee the Council’s Policy Adviser set out the policy considerations for both applications. The premises was located in a Cumulative Impact Area (CIA) and within Policy CIP1, for certain types of premises, there was a presumption against granting an application. It was important to understand whether the application should be considered an exception to policy. There was a degree of overlap between policies PVC2 and MD2 but all premises located within a CIA had to demonstrate that the licensable activities carried on would not add to cumulative impact in the area. Whether the Sub-Committee came to the view that it needed to be demonstrated that the application was an exception to policy, in addition to a demonstration that it would not add to cumulative impact, depended on the view the Sub-Committee came to regarding what the activities at the premises actually constituted. If it was their opinion that it was a performance venue and the provision of alcohol was only provided ancillary to a performance then policy PVC2 would apply. If it came to the view that it was alcohol-led premises or that alcohol formed a significant part of the offer, or was not related to the provision of the entertainment, or did not rely on performance then it would be a premises where an exception had to be proved. To demonstrate that the application was an exception to policy it would be necessary for the applicant to show that the reasons for the policy would not be undermined and demonstrate that there would be no additional cumulative impact caused by the application on balance.
In response to a question from the applicants regarding the extension of hours to allow the premises to sell alcohol earlier in the day the Council’s Policy Adviser clarified that the policy did not distinguish on hours. However, it was generally accepted that within the context of the policy cumulative impact was an issue later in the evening after core hours.
Mr Kolvin, representing the applicant, explained that application was essentially in three parts. The first was the deletion of conditions 43 and 44 which related to works conditions and were now spent. The second centred on the bringing forward of the hours to 17:00 from 20:00. Given the venue currently traded with no impact on the local area there was no evidence against allowing the proposal. The earlier hours were being requested to attract local employees leaving work who wanted to relax in a lounge environment. The applicant believed that the earlier hours provided a suitable business opportunity. Thirdly, the application involved the request for later hours for licensable activities. Mr Kolvin circulated a revised table of the hours requested. The Sub-Committee’s attention was brought to Sundays where the terminal hour for the sale of alcohol would remain at 00:30 as currently operated. This was in acknowledgement of Sundays as a day when local residents could be expected to receive respite from additional noise in the local area. Longer hours for the sale of alcohol were being requested Monday to Thursday, 17:00 to 05:30 hours. In response to a question Mr Kolvin confirmed that alcohol could be served until 05:30 and customers could continue drinking until the premises closed. The sexual entrainment would continue until 06:00 however and this allowed for a ‘drinking-up’ period. Mr Kolvin confirmed that regarding the later hours requested several conditions had been suggested to provide reassurance it would uphold the licensing objectives. It was confirmed that the proposal was to extend the hours for the sale of alcohol in a CIA and therefore the application would be dealt with on the basis that exceptional circumstances had to be shown.
When the Sub-Committee originally granted the application in 2013 it was anticipated that the venue would have a low impact on the local area as it was recognised that sexual entertainment venues did not create significant levels of crime and disorder. It had been accepted that conditions could provide a basis for an exception to policy if they were able to constrain licensable activity and minimise cumulative impact. The exemplary record of the premises was proof that the Sub-Committee’s decision had proven to be correct. The applicant, Mr Walls, was an experienced operator and had ensured that the premises was a professional operation. The following points were raised as evidence of this: firstly the nature of the venue, it was a well-run premises which would remain a sexual entertainment venue. This was the reason why people frequented the premises and it would therefore continue not to add to any crime and disorder in the area. Secondly, the venue was of a very high quality. It was decorated to a very high specification to provide a lounge type environment. Thirdly was the high quality of the staff and management at the premises. There was a high ratio of staff to customers providing a high service environment and this ensured the good behaviour of customers. SIA’s were always in attendance however they operated more like meeters and greeters then security staff. Fourthly, it was emphasised that alcohol was ancillary to the entertainment provided. The price of alcoholic drinks was high, no draught beer was available and no promotions involving alcohol took place. The clientele at the venue were of an older nature, averaging between the ages of 35 and 55. Free tea and coffee was supplied to customers after 03:00 and this helped create the low-key conversational environment. Music levels were low and this allowed customers and dancers to engage with one another in conversation. Finally, the venue was not a mass occupancy premises. No queuing took place outside the premises, only five smokers were allowed outside and there was no rapid emptying of the premises. Previously the operation had been a nightclub which had caused considerable trouble to the responsible authorities. Since the applicants had purchased the premises and turned it into a sexual entertainment venue it was now a well-run operation which was having a positive impact on the area. No crime and disorder or nuisance complaints had been made since the premises opened seven years ago.
Mr Kolvin explained that there were no external images displaying the fact that the premises was a sexual entertainment venue. It was very discrete, the door was kept closed at all times and no external drinking was permitted. The venue did not affect the character of Leicester Square and had demonstrated it had been a good neighbour to local businesses and residents. It played an active role in keeping Leicester Square safe and no objections had been received from local residents, businesses or community associations. It was making a positive contribution to upholding the licensing objectives in the local area. For these reasons it was felt that the premises could be regarded as an exception to policy. The request for later hours did mean that the application was very similar to the application from Platinum Lace Gentleman’s Club made in 2011. That application was granted and allowed the premises to sell alcohol until 06:00 hours as it had been demonstrated it was an exception to policy. Platinum Lace requested a year later for the last entry to the premises to be extended to 04:00 and this had been granted based on the fact no objections had been received, and no issues reported. This provided empirical evidence of what happened when the precise extension requested was granted. This provided the following, powerful pieces of evidence to support the application before the Sub-Committee:
The Sub-Committee was interested in how in practice the reduction in capacity would work? Mr Walls, representing the applicant company, advised that a count on how many customers were within the premises was maintained. This allowed staff to refuse entry to customers if required however it was very unusual to a have a high capacity later in the evening. Customers normally stayed in the premises for an average of 2 to 2.5 hours and the capacity was usually maintained through natural filtration. If the capacity was too high at a certain allocated hour then customers would be asked to leave, although this had never occurred.
In requesting the extension in hours Mr Kolvin highlighted the concessions being offered by the applicant to ensure the premises did not add to the cumulative impact in the area. The tapered limit on the capacity of the venue would help ensure there were no issues with the dispersal of customers. It was also proposed to only serve alcohol to customers who were seated after 03:00 to ensure the premises became even more low-key the later it operated. A taxi marshal would also be deployed from 03:00 to escort exiting customers’ to taxis, providing more guardianship in the local area. The Sub-Committee was reminded that the application was very similar to Platinum Lace’s except “14” would have half the capacity. The application had strong local support and there was actual evidence of the benign consequences of granting later hours for sexual entertainment venues.
Mr Kolvin suggested that the application would not have any impact on the local area. Extensive conditions were already attached to the licence, an additional security presence was proposed and the sale of alcohol would be ancillary to the entertainment provided. There was empirical evidence from Platinum Lace and the previous application submitted for “14” that it would promote the licensing objectives. The local support for the application, the tapered capacity limits and the successful operation of numerous TENS all made the application an exception to policy.
Mr Kolvin recognised that representations had been received from the responsible authorities. Environmental Health (EH) had submitted a standard representation based on that the later hours were likely to increase levels of nuisance. Evidence had been subsequently presented that this was not the case and no further evidence had been supplied by EH. The Licensing Authority had submitted a policy based representation and no further details had been provided. The Police had submitted a brief representation regarding cumulative impact which stated that further details would be forthcoming.
In response to a question Mr Walls confirmed that any events would be internal only and the cover charge to enter the premises was £20.
Mr Watson, representing Environmental Health, confirmed that the premises had not created any additional nuisance in the local area and had not been subject to any enforcement action. The previous premises had operated as a nightclub and had been an operation creating nuisance. The three aspects of the application were addressed:
Mr Watson was of the opinion that the proposals would not increase levels of nuisance in the local area and the representation had been maintained to simply answer any questions the Sub-Committee may have had. In response to a question Mr Watson confirmed that as the licence was already heavily conditioned there were no further conditions he would add to the licence.
My Sycamore, representing the Licensing Authority, agreed that the conditions on the licence were sufficient. With regards to the earlier hours requested the character of the area had to be taken into account. The premises was discrete however the Sub-Committee had to consider if allowing a sexual entertainment venue to be open in a family location from 17:00 was appropriate. Concern was also expressed that allowing the later hours would result in additional people being located within a CIA after core hours. After 04:00 50 additional people would be in the CIA resulting in an increase in cumulative impact. Extending the last entry hour for customers to 04:00 had the potential to result in people remaining in the CIA longer before entering the premises.
PC Janes, representing the Metropolitan Police, confirmed that their representation was maintained on the grounds that the later hours applied for went beyond the core hours policy. PC Janes confirmed that the Police had no concerns over the premises opening at 17:00 hours. The Sub-Committee was advised that the venue was not a source of crime and disorder and had operated TENs without any issues arising. Only one incident had been reported in the last year and this related to a theft at the premises.
Mr Maqedonci, a local resident, explained that he lived on the south side of Leicester Square. Problems had been experienced when it had been previously operated as a nightclub however since the current owners had operated the premises all the problems had ceased. The venue was very discrete, no customers congregated outside the premises and it had a very positive impact on Leicester Square.
Mr Kolvin highlighted how a debate had taken place over the late last entry hour during the decision to grant the Platinum Lace application and no issues had arisen from granting it. The Sub-Committees attention was drawn to the evidence supplied which highlighted the premises was not having a negative impact on the area but was in fact having a positive impact on the Leicester Square area. If the Sub-Committee was satisfied if that was the case then it would be appropriate to grant the application as an exception to policy.
The Council’s Policy Adviser requested clarification on the nature and extent of vertical drinking which could occur at the venue. Mr Kolvin advised that there was a bar at the venue which allowed customers to stand, drink and watch the entertainment. Therefore there was the opportunity for vertical drinking but the premises was more setup to provide a seated lounge experience. If the Sub-Committee was minded to grant the later hours restrictions on capacity would be imposed, drinks would only be served after 03:00 to those customers seated and this would all create a safe, relaxed environment.
The Sub-Committee carefully considered the application and recognised that the applicant had accepted that for the application to be granted it had to be demonstrated it was an exception to policy. The Sub-Committee acknowledged that the premises was professionally run and the applicant had significant experience in managing such an operation. The positive effect it was having on the local area was highlighted by the lack of objections received to the application and the numerous letters of support received by residents and businesses. The discrete nature of the venue was recognised and it was felt this made it appropriate for the local area especially bearing in mind that the previous operation had been a nightclub which had created significant disturbance to Leicester Square. In considering the application the Sub-Committee acknowledged that sexual entertainment venues generally caused fewer problems than other types of premises. The condition restricting the sale of alcohol to be ancillary to striptease entertainment, and with the venue only intended to operate as a sexual entertainment venue provided reassurance that the premises would not become alcohol-led. The licence was already heavily conditioned to ensure the licensing objectives were upheld plus the proposed restrictions to the capacity of the venue would help ensure it would not add to cumulative impact in the area. This would be helped through the condition requiring a marshal to be deployed outside the venue from 03:00 to escort customers leaving the premises to taxis and help provide further guardianship in the area. These proposals would ensure there was a gradual and well managed dispersal of customers from the premises. The Sub-Committee was pleased to note that the proposed extension to hours on Sundays had been withdrawn as the Council’s Licensing Policy considered Sunday to be different to other days of the week and one where residents could expect respite from any disturbance. No issues had also arisen from the operation of the TENS. As such, after careful consideration, the Sub-Committee agreed to grant the application accordingly as it was of the opinion that it would uphold the licensing objectives, not add to cumulative impact in the area and therefore could be considered an exception to policy.
The Sub-Committee agreed to amend, delete or add the following conditions in order to update the licence accordingly:
· Condition 11 be amended to read “The sale and consumption of intoxicating liquor shall be ancillary to the provision of striptease entertainment.” · Condition 43 be removed from the licence. · Condition 44 be removed from the licence. · Condition 48 be amended to read “The maximum number of persons accommodated at any one time (excluding staff) shall not exceed the following:
a) Capacity of 200 (customers) until 2.00am b) Capacity of 150 (customers) from 2.00am to 3.30am c) Capacity of 100 (customers) from 3.30am until 4.30 am d) Capacity of 50 (customers) from 4.30am until closing time · Condition 49 be amended to read “There shall be no new admittance or re-admittance to the premises after i) 02:30 on Monday, ii) 04:00 on Bank Holiday Monday iii) 04:00 Tuesday to Sunday s save for persons temporarily leaving to smoke”
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2. |
Exhibition of Films |
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Seasonal Variations/Non-Standards Timings:
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The application was granted; the reason for the decision is detailed in section 1.
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3. |
Performance of Live Music |
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Seasonal Variations/Non-Standards Timings:
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Amendments to application advised at hearing:
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None. |
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Decision (including reasons if different from those set out in report): |
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The application was granted; the reason for the decision is detailed in section 1.
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4. |
Performance of Dance |
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Seasonal Variations/Non-Standards Timings:
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The application was granted; the reason for the decision is detailed in section 1.
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5. |
Late Night Refreshment |
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Seasonal Variations/Non-Standards Timings:
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Amendments to application advised at hearing:
None
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Decision (including reasons if different from those set out in report):
The application was granted; the reason for the decision is detailed in section 1.
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6. |
On Sales by Retail of Alcohol |
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Seasonal Variations/Non-Standards Timings:
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Amendments to application advised at hearing:
The Sub-Committee was notified of the following amendments to the proposed hours:
Monday to Saturday 17:00 to 05:30 Sunday 17:00 to 00:30
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Decision (including reasons if different from those set out in report):
The application was granted; the reason for the decision is detailed in section 1.
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7. |
Hours Premises Are Open to the Public |
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report):
The application was granted; the reason for the decision is detailed in section 1.
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8. |
Conditions Being Varied, Added or Removed |
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Amendments to application advised at hearing:
The Sub-Committee was informed that the hours in the report should read
The maximum number of persons accommodated at any one time (excluding staff) shall not exceed the following: a) Capacity of 200 (customers) until 2.00am b) Capacity of 150 (customers) from 2.00am to 3.30am c) Capacity of 100 (customers) from 3.30am to 4.30am d) Capacity of 50 (customers) from 4.30am until closing time.”
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Decision (including reasons if different from those set out in report):
The application was granted subject to condition 49 being reworded as set out below (now appearing as condition 47 on the amended licence); the reason for the decision is detailed in section 1.
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Conditions attached to the Licence |
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Mandatory Conditions
1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children;
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise); (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act); (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less; (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on; (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring; (e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.
5. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
6. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
8. The responsible person shall ensure that;
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures;
(i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
Conditions Consistent with the Operating Schedule
11.The sale and consumption of intoxicating liquor shall be ancillary to the provision of striptease entertainment.
12.Any person 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.
13.There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
14.The premises are not be used by any outside promoters save those that give the Metropolitan Police 14 days’ notice and the Police to have absolute veto.
15.Alcohol shall not be sold for consumption off the premises.
16.The supply of alcohol at tables shall be by waiter/waitress service only.
17.There shall be no draught beers sold at the premises.
18.All seating shall consist of tables and chairs arrangement and there shall be no cinema style seating.
19.Door staff shall be employed at all times when the premises are open for licensable activity. There shall be a minimum of two door supervisors to be employed at the entrance of the premises from 8pm. All door supervisors at the entrance to wear high visibility jackets.
20.All public areas of the premises shall be sufficiently illuminated to afford SIA registered supervisors a clear view of the dancers.
21.The premises management will become members and actively participate in a pub watch scheme (or similar) if one is operating in the area of the premises.
22.There shall be no dancing by customers.
23.The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer of the City Council throughout the preceding 31 day period.
24.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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
25. A sound limiting device located in a separate and remote lockable cabinet from the volume control shall 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 to ensure that no noise nuisance is caused to local residents. The operational panel of the noise limiter shall then be secured to the satisfaction of officer from the Environmental Health Service. The keys securing the noise limiter cabinet shall be held by the licence holder or authorised manager only, and shall not be accessed by any other person. The limiter shall not be altered without prior agreement with the Environmental Health Service.
26.No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
27.Loudspeakers shall not be located in the entrance lobby or outside the premises building.
28.All external doors shall be kept closed after (21:00) hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
29.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
30.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.
31.No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between (23.00) hours and (08.00) hours.
32.The highway and public spaces in the vicinity of the premises shall be kept free of litter from the premises at all material times to the satisfaction of the Council. All litter and sweepings shall be collected and stored in accordance with the approved refuse storage arrangements.
33.A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
34.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 service.
35.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 on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.
dry ice and cryogenic fog smoke machines and fog generators pyrotechnics including fire works firearms lasers explosives and highly flammable substances. real flame. strobe lighting.
36.The licence holder shall enter into an agreement with a hackney carriage and/or private hire firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
37.All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
38.The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
39.Curtains and hangings shall be arranged so as not to obstruct emergency signs.
40.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.
41.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.
42.All exit doors shall be available at all material times without the use of a key, code, card or similar means.
43.Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to five (5) persons at any one time.
44.Performers/Dancers permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to two (2) persons at any one time.
45.An attendant shall be on duty in the cloakroom during the whole time that it is in use.
46.The maximum number of persons accommodated at any one time (excluding staff) shall not exceed the following:
a) Capacity of 200 (customers) until 2.00am b) Capacity of 150 (customers) from 2.00am to 3.30am c) Capacity of 100 (customers) from 3.30am to 4.30am d) Capacity of 50 (customers) from 4.30am until closing time
47.There shall be no new admittance or re-admittance to the premises after i) 02:30 on Monday, ii) 04:00 on Bank Holiday Monday iii) 04:00 Tuesday to Sunday save for persons temporarily leaving to smoke.
48.After 21.00 hours a log shall be maintained to ensure that the capacity limit set for the premises is recorded hourly and can be properly monitored. Information regarding the capacity will be given to an authorised officer or Police Officer on request.
49.A challenge 21 proof of age scheme shall be operated at the premises 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.
50.Substantial food and non-intoxicating beverages, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where intoxicants are provided.
51.No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
52.All external doors shall be kept closed after 21.00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
53.The certificates listed below shall be submitted to the Licensing Authority upon written request.
a) Any emergency lighting battery or system b) Any electrical installation c) Any emergency warning system
54.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).
55.No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
a. NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.
56.All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests.
57.No advertisements 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 any other property, or be distributed to the public.
58.There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises.
59.No person on behalf of the premises or on behalf of a person carrying or attempting to carry on a licensable activity at the premises shall cause, permit, employ or allow, directly or indirectly through a third party, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of brining customers to the premises.
For the purposes of this condition, ‘Specified Area’ means the area encompassed within Shaftesbury Avenue, Piccadilly Circus, Regent Street up to the junction with Pall Mall, Cockspur Street, Trafalgar Square, Strand up to the junction with Bedford Street, Garrick Street, Great Newport Street and Charing Cross Road to the junction of Shaftesbury Avenue.
60.Tea and coffee to be provided without charge for patrons (on request) between 03:00 and closing time.
61.SIA security shall monitor/supervise all areas of the premises where striptease/table/lap dancing is taking place.
62.In addition to condition 43 above, patrons will have a designated smoking area, which shall be supervised by a SIA door supervisor.
63.The premises shall become members of and participate in the Safer West End Business Crime Reduction Partnership/ radio scheme, or such similar scheme that may be operating at any time.
64.Door supervisors shall remain on duty to supervise the area immediately outside the premises until at least 15 minutes after the last patron has left the premises. 65.When the hours authorised by this licence extends beyond 1am, then in relation to the morning on which British Summer Time begins, the hours shall be extended by 1 hour after the authorised hour on the licence.
66.After 03:00 hours alcohol shall only be served to and consumed by customers who are seated.
67.The premises shall employ a taxi marshal from 03:00 until closing to escort customers wanting taxis to their pickup spot.
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