Agenda item
The Jermyn Club, 91 Jermyn Street, SW1
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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
West End Ward / not in a cumulative impact area |
The Jermyn Club, 91 Jermyn Street, SW1 |
Variation |
17/08750/LIPV |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 5th October 2017
Membership: Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: Environmental Health, The Licensing Authority, five local residents and the St. James’s Conservation Trust.
Present: Mr Philip Kolvin QC (Representing the Applicant), Ms Lana Tricker (Solicitor, on behalf of the applicant), Mr Richard Traviss (Director), Mr Val Kmetz (Operations Manager), Mr Ian Watson (Environmental Health), Mr David Sycamore (Licensing Authority), Mr Gary Grant (Counsel, representing the St John’s Wood Conservation Trust) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project – representing residential objectors).
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The Jermyn Club, 91 Jermyn Street, London, SW1Y 6JT 17/08750/LIPV
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1. |
Performance of a Play and Films
Seasonal Variations/Non-Standard 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 Sub-Committee considered an application by PLH Bars Limited for a variation of a premises licence in respect of The Jermyn Club, 91 Jermyn Street, London, SW1Y 6JT.
The Licensing Officer provided an outline of the application and confirmed that the Police had withdrawn their representation following discussions with the applicant and the agreement of conditions. The Sub-Committee was informed that a local resident had submitted a representation within the required time period but this had not been included in the report before the members. Mr Richard Brown of the Citizens Advice Bureau confirmed that he would address the Sub-Committee and detail the nature of the resident’s objections.
Councillor Caplan declared that he was the Chairman of the Licensing Sub-Committee held on 2 March 2017 which considered a Sexual Entertainment Venue (SEV) application for the same premises.
Mr Kolvin, representing the applicant, explained that an application for an SEV licence for the premises had been refused in March 2017 and the premises had now been vacant for three years. The applicant was keen to proceed with investing in the premises and had therefore rethought the concept of the venue. It was now planned to change the layout of the premises and create a first class licenced venue comprising of a cocktail bar, a dining space and meeting areas separated by glass partitions. This would all be set in a comfortable environment in the style of a modern members’ club representing a significant upgrade to the current premises. The kitchen had been refurbished and toilets had also been situated in the basement for the first time. To the rear of the basement an acoustic lobby had also been developed to provide further protection to residents of Ormond Yard. In total the cost of the refurbishment was approximately £2 million.
Mr Kolvin detailed the main areas of the application. Firstly, it was planned to change the layout of the premises. It was suggested that no objections had been received to this change which would constitute a significant improvement to the current situation. The Sub-Committee noted that this would include the removal of a designated dance floor. Secondly, the application sought to add the provision of plays and films from Monday to Sunday 09:00 to 03:30 hours. The premises would not operate as a cinema or play films containing nudity which could be used for sexual entertainment. This element of the application was to provide more flexibility on the licence and to provide reassurance to the Sub-Committee model condition 44 had been proposed. Thirdly, the application was to delete and add conditions to the licence in order to update it. Currently many of the existing conditions were unenforceable and it was hoped the proposed conditions would bring the licence more in line with the Council’s model conditions. Many of the proposed conditions were more stringent in order to ensure the residents of Ormond Yard were offered greater protection against any noise disturbance and also to help provide a greater degree of internal control within the premises. The Police suggestions had been incorporated into the proposed conditions resulting in the subsequent withdrawal of their representation. Mr Kolvin suggested that Environmental Health (EH) and the Licensing Authority were also both broadly content with the proposed conditions. The Sub-Committee was requested to grant the application as it currently was before it rather than impose any further modifications to it. The application was for a variation to the licence and the Sub-Committee had to decide what effect it would have on the licensing objectives; it was not an opportunity to review the licence.
Mr Kolvin stressed the importance of recognising what would not be changing on the licence. There would be no increase in the licenced area, no increase in capacity, no increase in the licenced hours, no increase in the opening hours, no increase in the size of the bars and in fact the basement bar size was to be reduced. In addition, it was also planned to remove the designated dance floor area, have minimum seating requirements and prohibit customers from using Ormond Yard to enter and exit the premises. When making a decision the Sub-Committee was asked to consider the proposed nature of the venue, its clientele and the sensitive upgrading of a currently sub-standard premises.
Mr Kolvin next addressed some of the objections received regarding the application. The applicants were very experienced operators of similar establishments and any untruthful insinuations made in the representations did not reflect the good working relationship they had with all the responsible authorities. Concerns had also been raised over the application’s impact on the residents of Ormond Yard. The applicants would install nine separate controls to increase protection in this area. This included preventing customers using the Ormond Yard door to enter or exit the premises, installing an acoustic lobby and prohibiting any smoking in this area. If the Sub-Committee was minded to grant the application Ormond Yard would then back onto a highly conditioned bar and not a dance orientated nightclub as it was previously. Some of the concerns raised simply related to misunderstandings about the application. The licenced hours would not be increased, films of a sexual nature would not be shown and the removal of the designated dance floor and an increase in seating ensured it would not become a nightclub. Several of the objections requested further controls and limitations be placed on the licence but this was a variation application to implement a members club operation in the premises. Conditions had been proposed to provide reassurance over its nature but it was not an opportunity to make further demands to limit the licence.
Specific concerns had also been raised on several issues and Mr Kolvin addressed these. The potential nuisance created by customers smoking on Jermyn Street had been highlighted. Four conditions were proposed to control smokers outside to ensure they did so in an orderly manner and without taking their drinks with them. The wide nature of the pavement outside the premises was brought to the Sub-Committees attention. It was planned to restrict smokers to a designated area and this would be identified in consultation with neighbours. The searching arrangements for customers entering the premises had also been raised. New arrangements would be implemented including ensuring all customers entering the sub-basement area would have to provide ID. The Police had inspected the arrangements and were content with them. A representation received had also requested that drinks be served in polycarbonate vessels. The venue would not pose a significant risk of glass related attacks. The premises was a high grade cocktail bar and the use of polycarbonate vessels would not be in line with the nature of the venue the applicant was hoping to create. It was proposed to remove the current condition 26 from the licence which required the basement to be ancillary to A3 use. This was a historic condition which was now not considered modern or appropriate.
Mr Kolvin provided further information on the food offer and how it was planned to provide a high quality menu.
In summary Mr Kolvin highlighted how the application would upgrade a third rate venue into a first rate venue. The applicant had invested £2 million into improving the facilities and this included removing the designated dance floor and imposing carefully considered conditions onto the licence which would ensure the licensing objectives were upheld. The premises would be an upmarket cocktail bar with a facility for guests to partake in private dining.
The Sub-Committee was interested to learn how exactly the basement area would operate with the removal of the dance floor? Mr Kolvin explained that the idea of the basement area was to allow customers to either have a meal or to have a drink served by waiter/waitress service. This provided a degree of flexibility and gave different customers options. The premises was not a high octane dance venue but a comfortable, highly seated member club style environment. The Sub-Committee expressed concern that furniture could be moved to one side of the premises allowing the space to operate as nightclub. Mr Kolvin explained that the premises already had a licence permitting its use as a nightclub. To provide reassurance that this was not the intention of the applicant two conditions had been proposed ensuring there would be a minimum number of seats in operation at all times in the basement and sub-basement areas.
Mr Watson, representing Environmental Health, discussed several of the main aspects of the application. The change to the premises layout and the installation of an acoustic lobby would benefit Ormond Yard. The two emergency escape exits from the basement area had also been maintained. The inclusion of two additional toilets at the rear basement provided more than adequate toilet provision. An extra staircase to the sub-basement area was being introduced and the bar area was being orientated away from the Ormond Yard side of the premises. It was recognised that it was proposed to remove the dance floor however what now constituted a dance floor was questioned. With regards to smoking the pavement outside the premises on Jermyn Street was considered of sufficient width at approximately two metres wide. How to control smokers outside would be difficult and this could be managed through creating a designated smoking area. Mr Watson confirmed however that he would not want the introduction of static street furniture. Conditions were proposed to control the provision of films and plays and this was not an area of concern. It was agreed that the conditions on the existing licence were out-dated and the proposed amendments were considered adequate.
Mr Sycamore, representing the Licensing Authority, confirmed that its representation was maintained over concerns how the premises would promote the licensing objectives on public nuisance and prevention of crime and disorder. The conditions proposed by the Police were welcomed however concern was expressed that the furniture located in the basement area was movable and could therefore be moved to one side. Clarification was requested on how many seats would be located in the basement and when they would be in operation. The applicant had also stated that the premises would operate in the style of a members club however no conditions had been proposed confirming this. Mr Sycamore confirmed that the Licensing Authority had no concerns over the change in layout at the premises and the provision of film.
Mr Grant, representing the St James’s Wood Conservation Trust, addressed the Sub-Committee. He confirmed that there were no objections to the modernisation of the conditions on the licence and the addition of provision of films and plays onto the licence. Concern was expressed however that the conditions proposed by the applicant reflected an intensification of use at the premises and in particular would permit it to operate as a nightclub. Lots of the additional conditions were considered beneficial but several, if permitted, would substantially change the nature of the operation. The location was not appropriate for a nightclub and the applicant had stated on several occasions that it would not operate as a nightclub but as a cocktail bar. It was therefore suggested that a condition be added to the licence confirming that it could only operate as a cocktail bar. This would greatly assist in reducing the potential impact on the intensification of use at the premises. Another area of concern related to the replacing of the original condition 26 which stated that the provision of music and dancing in the basement must remain ancillary to A3 restaurant use. It was being sought to replace this condition with two diluted conditions which would allow the sale of alcohol to be ancillary to the use of the premises for music and dancing and/or substantial refreshment, a subtle difference. The licensing plans also revealed that the area located in the basement for restaurant use was so small to be effectively meaningless. The plan stated that the furniture displayed on it was indicative only and this created the impression it could be moved to one side to create a dance floor.
Mr Grant then brought to the Sub-Committee’s attention the track record of the application. Various conditions were proposed at the hearing held on 2 March 2017 which had now been withdrawn specifically restricting the sale of alcohol to members of the club and their guests. This highlighted the inconsistent and constantly shifting intentions of the applicants resulting in the St John’s Wood Conservation Trust being unable to accept pledges made by them. Mr Grant suggested that the applicants had a long record of operating nightclubs however their track record was not impeccable.
If the Sub-Committee agreed to grant the variation Mr Grant proposed to impose additional conditions, as stated in the report before the Sub-Committee, on the licence to ensure the application promoted the licensing objectives. Imposing these controls on the licence would ensure the premises would not morph into a nightclub and something that undermined the licensing objectives. The Sub-Committee acknowledged that the premises could currently operate as a nightclub though. Mr Grant explained that the basement area had a condition which required the sale of alcohol to be ancillary to the use of the premises for music and dancing and substantial refreshment. It was Mr Grant’s opinion that this would preclude the premises from operating as a nightclub.
Mr Brown, from the Westminster Citizens Advice Bureau, represented a local resident who lived in Ormond Yard and whose property shared a wall with the premises. The additional conditions had been noted and it was considered these would improve the current licence. It was acknowledged that customers would be prevented from using the door into Ormond Yard but there was no mention of staff and the potential noise disruption they could create from smoking in this area. Clarification was also sought on whether it was the intention for the rear doors to be an openable frontage? Mr Kolvin provided assurances that no customers would be able to access the rear doors unless in an emergency and they would function simply for the servicing of the premises. This would be an improvement on the current situation for residents of Ormond Yard.
The Sub-Committee was interested to explore further the possibility that as the restaurant area in the basement was quite small there was the potential for it to depart from a dining style of operation. Mr Kolvin stressed the importance with variations of recognising the starting point of the application. Current condition 26 did not state that the basement could only be used as a restaurant; it stated that the provision of music and dance on the ground floor must remain ancillary to A3 restaurant use. Therefore, if the applicant currently wanted to have, under the current licencing arrangement, music and dancing on the ground floor it must remain ancillary to restaurant use. If it was not intended to provide music and dance condition 26 was silent on this matter. The only other provision that dealt with the basement, particularly in terms of alcohol, was current condition 35(e) which stated that the sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment. There was no condition on the licence which restricted the sale of alcohol to a full restaurant condition. The applicant did not need to make any offer of a condition on this matter but decided to in the spirit of goodwill and provide reassurance about the nature of the operation. The variation was attempting to move away from a system of control that was appropriate in 2001 to one which was appropriate in the modern environment and would promote the licensing objectives. All the conditions proposed interlocked with one another and a broad agreement on them had been reached with the responsible authorities.
Mr Kolvin described how the application was a high specification premises creating a relaxed, comfortable environment with commitments to security. Concerns had been raised around whether furniture could be moved to one side and the applicant would be content for a condition to be included on the licence requiring a level of seating to remain in place without it having to be locked down. This would hopefully provide reassurance that the premises would not encourage vertical drinking. The application was positively supported by the Council’s Licensing Policy in paragraphs 1.3 and 2.2.4; there would be waiter/waitress service throughout with alcohol ancillary to the use of the premises for music and dancing and/or substantial refreshment. The Sub-Committee was assured this would provide reassurances that the premises would uphold and promote the licensing objectives.
The Sub-Committee requested clarification on several of the points raised by Mr Grant. In response Mr Kolvin stated that the variation would not represent an intensification of use at the premises as the capacity and floor space would remain exactly the same. It was not expected for DJs to be performing at the venue but it would be impossible to say that this would never happen just as it was impossible to confirm that no customers would ever dance at the venue. However, the premises was not a nightclub as the dance floor was being removed and there was a minimum seating requirement condition proposed. Therefore there would be no need to impose a condition requiring the premises not to operate as a nightclub. Clarification on proposed condition 13 and the term ‘and/or’ was provided. The responsible authorities had not been concerned with the term as the venue was proposing to operate with a relaxed, members club style environment and it was purely there to broaden the current offer to include food, drink and entertainment. A full restaurant condition would not be accepted as it did not suit the style of operation and this could not be demanded on a variation application. With regards to the suggestion that a condition be imposed to ensure there was no dance floor, there was not a dance floor and a variation would have to be applied for if the applicant wanted one in the future. A last entry condition was not required as there wasn’t one on the current licence and as it would be operating as a cocktail bar it was not considered that this would be appropriate for a variation application. The Police had also not insisted on a last entry condition. A bottle crusher condition would not be appropriate as the applicant had an operation in place which would ensure there was no noise disturbance to local residents. With regards to smoking several conditions had been proposed to help manage this in an appropriate manner. Requiring an SIA door supervisor from 21:00 hours would not be necessary as the Police were content with what had already been suggested including supervising the smoking area and greeters also located in the reception area. Finally, prohibiting any queuing was not enforceable because if four people tried to enter the premises at the same time would that constitute a queue? The nature of the venue should ensure queuing would not be an issue.
In response to a request for clarification from the Council’s Legal Adviser Mr Kolvin confirmed that whilst the small area at the rear of the premises would be subject to restaurant conditions the remaining area would have a drink-led element. However, the applicant was seeking to introduce a low key seated environment which would be predominantly used for dining.
Mr Grant reiterated his concerns over the application. The applicant had put forward a vision of how the premises would operate but this had not been reinforced by what they had stated. They wanted to be a restaurant but would not accept restaurant conditions; they did not want to be a nightclub but would not accept a condition prohibiting a dance floor. This approach was inconsistent and created a great degree of concern regarding the nature of the application.
The Sub-Committee carefully considered all the submissions received from the applicant, responsible authorities and all interested parties. It was recognised that the current conditions attached to the licence were very old and out-dated and the Sub-Committee had to assess what activities they presently allowed the applicant to undertake. The Sub-Committee considered this crucial as the application was for a variation and it therefore had to consider if what was being proposed would be an improvement, or not, on the old conditions. The Sub-Committee also took into consideration what impact potentially granting the variation would have in the future if it was taken over by another operator. After carefully considering all these aspects the Sub-Committee decided on balance that the application before it would constitute an improvement on what was currently permitted on the current licence. The additional conditions offered by the applicant were sufficient to provide confidence that the licensing objectives would be upheld and promoted and as such it was agreed to grant the application.
The Sub-Committee noted the applicant’s submissions that the venue would not become a drink-led premises. Concern was therefore raised over the applicants’ description of the premises as a cocktail bar but the Sub-Committee was of the opinion that the conditions proposed, particularly the condition requiring alcohol to be ancillary to the use of the premises for music and dancing and/or substantial refreshment, would ensure it would not become a drink-led premises. It was, however, recognised that there was a change of emphasis compared to the existing operation and there was much more emphasis on the ability of customers to drink and less emphasis on the operation of a restaurant. The concern about the potential uses as a nightclub could not carry much weight as such use was already authorised by the licence. The Sub-Committee also noted that the premises was not located within a Cumulative Impact Area and therefore there was no presumption against granting the application. Concern was also expressed over the level of seating provided at the venue. The Sub-Committee decided that with the conditions proposed, on balance the seating did not require any further conditions imposing however it would prefer the number of seats increasing if possible. The Sub-Committee was content with the proposed change in layout of the premises and was satisfied it was in-line with public safety requirements. The provision of films and plays at the premises was also considered satisfactory and this aspect of the application would also be granted.
Not granting the variation had been considered very closely following the representations received but after assessing all the options the Sub-Committee was of the opinion that the application would not have a greater impact on the local area than what was already in operation and as such granted the application accordingly. The change in emphasis within the premises was not contrary to policy but the licensee would have to ensure that it did not undermine the licensing objectives.
In order to update the licence the following conditions were amended as such:
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Hours Premises Are Open to the Public
Seasonal Variations/Non-Standard 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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3. |
Layout Alteration
To vary the layout of the premises:
Basement-
Sub-Basement-
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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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2. |
Conditions Being Varied, Added or Removed
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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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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 must 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—
(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 in a manner which carries a significant risk of undermining a licensing objective; (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 in a manner which carries a significant risk of undermining a licensing objective; (d) 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; (e) dispensing alcohol 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).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) 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 either—
(a) a holographic mark, or (b) an ultraviolet feature.
7. The responsible person must 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;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
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.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above –
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula - P = D+(DxV)
Where - (i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence –
(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that subparagraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
9. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
10. 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.
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Conditions Consistent with the Operating Schedule
11. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
12. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
13. Curtains and hangings shall be arranged so as not to obstruct emergency signs.
14. 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.
15. 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.
16. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
17. Any special effects or mechanical installations shall be arranged, operated 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 fireworks • firearms • lasers • explosives and highly flammable substances. • real flame. • strobe lighting.
18. 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. NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.
19. The premises may remain open for regulated entertainment, the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
20. On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.
21. The number of persons accommodated at any one time (excluding staff) shall not exceed the following:
Sub-Basement – 100 Basement– 135.
22. 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.
23. The sale and consumption of alcohol must be ancillary to the use of the premises for music and dancing and/or substantial refreshment.
24. The supply of alcohol in the Basement Restaurant area, as marked on the licensing plans, shall be to persons seated taking a table meal there and for consumption by such persons as ancillary to their meal. The supply of alcohol shall be by waiter or waitress service only.
25. A minimum number of 50 seats shall be maintained in the Sub-Basement area at all times of operation.
26. A minimum number of 70 seats shall be maintained in the Basement area at all times of operation.
27. There shall be a personal licence holder on duty on the premises from 22:00 until close, when the sub-basement is open to patrons.
28. The reception lobby shall be manned by staff whenever the premises is open for trade and patrons shall be greeted by a member of staff when entering the premises.
29. There shall be waiter or waitress service available throughout the premises at all times the floors are open and trading
30. An attendant shall be on duty in the vicinity of the cloakroom during the whole time that the premises is open and trading
31. Admission to the premises by patrons shall be through the Jermyn Street entrance lobby area only
32. (i) When the premises are open all customers entering the premises, or entering the sub-basement floor from the basement floor, after 23:00 will have their ID and/or membership card scanned on entry, or be subject to a biometric scanning system (when fingerprint scanning will be required for all customers who have previously shown identification at the premises).
(ii) All customers entering shall have their facial image captured by the ID Scanner camera with the exception of persons who enter using finger print scanning and have provided a recent facial image captured by the ID Scanner.
(iii) The above requirement is subject to the following exception, namely that a maximum number of 25 guests per night may be admitted at the Managers discretion without necessarily ID being scanned and recorded. The admission of such guests however shall be in accordance with the following procedure.
a. The Police shall approve in writing the names of those managers (Police Approved Managers) who are authorised to sign in such guests, such approval shall not be unreasonably withheld. There shall be a maximum of three Police Approved Managers.
b. A legible record (the Signing in Sheet) of these guests' names shall be retained on the premises for inspection by the licensing authority and Police for a period of 31 days. The name of the Police Approved Manager authorising the admission will also be recorded by that Manager.
c. Guests shall be required to produce some form of ID such as a bank card (or emailed electronic photo ID) and an ID scan entry with a live photo shall be created.
d. Where there are appropriate reasons for a guest not to be able to produce ID and be subject to ID scan, the Police Approved Manager may nevertheless permit entry. In such circumstances he shall also record the reasons for this in the Signing in Sheet.
(iv) Notwithstanding (i) and (iii) above, patrons who are attending a pre-booked private event at the premises do not need to have their ID scanned on entry and instead a written guest list shall be held at reception for the event, and will be retained for 31 days after the event for inspection by the police and responsible authorities upon request.
33. In relation to any membership scheme at the premises, no person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.
34. A list of the names and addresses of members of the club shall be kept on the premises at all times together with a record showing the names and dates of attendance of any guests introduced by members. Both the list and the record shall be produced on demand for inspection by the police or an authorised officer of the Council
35. There shall be no entry or re-entry (save for existing customers who have left for smoking) to the premises after 02:00 hours.
36. When the sub-basement is open to patrons there will be a minimum of 1 SIA at the premises from 6pm. From 11pm there will be a minimum of 2 SIA at the premises.
37. The internal glass doors on the ground floor Jermyn Street entrance 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.
38. Patrons shall not enter or leave the premises from / by Ormond Yard, except in the event of an emergency.
39. Any patrons that use Ormond Yard to gain access, smoke or leave the premises (whether by vehicle or on foot) shall be refused entry or subsequent re-entry to the premises.
40. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
41. 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
42. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services. It will be a condition of any agreement that patrons will not be collected from Ormond Yard
43. The licence holder to use the Jermyn Street address on all literature relating to the premises.
44. 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. 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 entire 31-day period.
45. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.
46. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area on Jermyn Street.
47. 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
48. 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.
49. All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear yellow high visibility armbands and will display the SIA badges prominently.
50. Staff shall clear all empty bottles promptly from any tables. Customers shall not be permitted to leave their table carrying any such glass bottles or drink directly from the bottle.
51. An incident log shall be kept at the premises, completed within 24 hours 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.
52. No unauthorised 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.
53. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
54. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.
55. No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.
56. 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.
57. Notices shall be prominently displayed at the Jermyn Street exit requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
58. 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.
59. 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.
60. Prior to the licence taking effect, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the LFEPA, Environmental Health Consultation Team, the Police and the Licensing Authority.
61. There shall be no cinema style screening of films.
62. Door staff dressed in yellow high visibility tabards or jackets, shall ensure safe dispersal of all customers at the premises closure time.
63. There shall be no striptease or nudity and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
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