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App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
West End Ward / Cumulative Impact Area |
Compton Cross, 2 Old Compton Street, London, W1D 4TA |
New Premises Licence |
18/03718/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No.1
Thursday 5th July 2018
Membership: Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less
Legal Adviser: Horatio Chance
Policy Adviser: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Samantha Eaton
Relevant Representations: Metropolitan Police Service, Environmental Health), Licensing Authority, Soho Society, Covent Garden Community Association (CGCA) and nine local residents.
Present: Philip Kolvin (QC for the Applicant), Richard Taylor (Gosschalks instructing Solicitor for the Applicant), PC Bryan Lewis (Metropolitan Police Service), Anil Drayan (Environmental Health), David Sycamore (Licensing Authority), Jane Doyle and Mr David Gleeson (Soho Society), Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project), David Kaner (Covent Garden Community Association) and Joseph Farrell (local resident)
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Compton Cross, 2 Old Compton Street, W1D 4TA 18/03718/LIPN (“The Premises”) |
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1. |
Late Night Refreshment:
Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00
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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 Marmalade Pubs Limited (“the Applicant”) for a New Premises licence in respect of 2 Old Compton Street, London W1 D 4TA.
The Presenting Officer introduced the application to the Sub-Committee and advised that this was an application for a new Premises licence to permit licensable activities (sale of alcohol, performance of live music, playing of recorded music, anything of a similar description to live and recorded music and late night refreshment) until 1.00pm on a Friday and Saturday night when LGBT cabaret was to be provided. The hours would be in accordance with core hours on Sundays to Thursday inclusive and Friday and Saturdays when there was no cabaret. The Presenting Officer then advised of a late submission from Environmental Health. The Sub-Committee and all parties confirmed that they had received the late submission.
All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to the Sub-Committee’s questions and were given an opportunity to ask questions of each other.
Mr Kolvin asked if the Sub-Committee had received the late submissions by the Applicant. The Sub-Committee confirmed that they had not received the Noise Report from the Sound Consultant (compiled by Shaun Murkett Acoustic Consultants Ltd) and decided to use its discretion by adjourning the hearing temporarily to read the contents of the report before continuing with the hearing. The Chairman advised that they were content to accept the report as part of the Applicant’s evidence if the Responsible Authorities and Interested Parties also agreed and if Mr Kolvin gave a concise summary of the report in his submission highlighting the salient points to the Sub-Committee. The Applicant and all parties agreed to adopt this approach and proceed. Mr Kolvin referred the Sub-Committee to page 8, paragraph 4 of the Noise Report, which outlined Mr Murkett’s extensive monitoring of any noise nuisance heard from the resident’s flats and confirmed that the sound limiter had been set so that no electronically amplified sound could be heard in the resident’s flats. Mr Kolvin indicated using the map that there was a Salsa Bar opening late at night located directly opposite the resident’s flats which impacted on residents in terms of noise nuisance. The Sub-Committee in its determination of the matter considered the report’s findings in relation to the noise survey undertaken when addressing the public nuisance licensing objective and conditions.
Mr Kolvin referred to the Council’s Cumulative Impact Policy and advised that the Sub-Committee should compare what was already on the Premises licence to what the operator was now proposing by way of condition to control the impact of the operation on all seven days of the week. The Sub-Committee heard that if it considered that on balance that the net impact of the proposal was neutral or better than the Sub-Committee should grant the application.
Mr Kolvin advised that there was no fundamental increase in the opening hours on any night of the week and no changes regarding the licensing hours or activities from Sunday to Thursday or on Friday and Saturdays when the Premises was operating as a pub. The Applicant had agreed with Environmental Health a further 18 conditions, had agreed that there would be no off Sales of Alcohol after midnight and that the outside seating area would be removed by 23:00 each day so as to prevent nuisance. Mr Kolvin further advised that there were also additional conditions for the cabaret nights so the extra hour would not add to the cumulative impact area.
The Sub-Committee heard that entrance for the cabaret nights would be by pre-purchase ticket only and patrons already using the pub would have to purchase a ticket or leave the Premises at 22:00 hours. In practical terms the Sub-Committee was advised that the Applicant was to make an announcement before the start of the performance. There would be a maximum of 50 tickets available at £8 each – it was envisaged that existing customers were likely to take this offer up. All patrons would have to be seated during the cabaret and after midnight all alcohol would be served by waitress or waiter service only. In addition patrons would not be able to exit and then enter the building again after 23:00 unless they were a smoker.
Mr Kolvin addressed the resident’s concerns that had been raised. He referred to page 8 of the report which outlined the City Inspectors visits to the Premises who had found that noise escape was negligible. The Applicant, however, had still employed Mr Murkett to deal with the issue and the sound limiter was now set so no electronically amplified sound could be heard in the resident’s flats. Mr Kolvin confirmed that if after today the resident’s could still hear music in their flats Mr Murkett would have to repeat the exercise again.
Mr Kolvin then addressed the papers regarding Environmental Health. Mr Kolvin advised that his Applicant had completely refurbished the Premises with a new sound system that should have replicated the calibration of the old system. The Applicant had received no noise complaints so when Environmental Health visited the Premises in January this was noted in his report. However, after this application was made it appeared that there had been an on-going noise complaint and therefore Mr Murkett had been employed to resolve the noise nuisance.
Mr Kolvin advised that these were iconic LGBT Premises and that the Sub-Committee needed to consider that 58% of LGBT Premises had closed between 2006-2017, half of small pubs had closed since the turn of the century and more than half of London’s live music venues had closed since 2007. This venue fell into all three categories and all the Applicant wanted to do was use the hours he already had in the most controlled way to provide a LGBT cabaret to a seated audience of 50 persons on an occasional basis. Mr Kolvin further advised that the Applicant was seeking no special treatment beyond the performance of the Council’s Public Sector Equality Duty under section 149 of the Equality Act 2010 to have due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. Mr Kolvin emphasised that the Applicant would like to keep alive the tradition of this venue but to do so needed the latitude sought by this application. The Legal Advisor to the Sub-Committee confirmed that the Councils section 149 Public Sector Equality Duty would be taken into account by the Sub-Committee in its capacity as a Licensing Authority when exercising this very function.
Mr Anil Drayan (representing Environmental Health) had maintained his representation as he had concerns about the extension of hours on Friday and Saturday for ‘cabaret nights’ and the possible increase in the West End cumulative impact area, however, it was for the Sub-Committee to decide if the application had demonstrated that it could be considered an exception to policy. Mr Drayon confirmed that conditions had been agreed with the Applicant.
David Sycamore (representing the Licensing Authority) had maintained his representation. The Licensing Authority was particularly concerned with the extension of hours on Friday and Saturday for ‘cabaret nights’ and how many events would be held during a year. Mr Kolvin advised that it would be impossible to hold cabaret nights every Friday and Saturday and agreed to cap the number of events to 52 events per year.
PC Lewis (representing the Police) had maintained his representation as the Police had concerns about the extension of hours on Friday and Saturday for ‘cabaret nights’ and the possible increase in cumulative impact in the area. PC Lewis advised that the Premises was located in a very busy and challenging area and that two door supervisors would be essential to control the Premises on cabaret nights in order that the crime and disorder licensing objective was not undermined. He outlined that the Premises would have to inform all patrons on arrival that they would have to purchase a ticket for the cabaret or leave the Premises at 22:00 hours.
Mr Farrell (local resident) advised that he was concerned with three issues: noise nuisance caused when the Premises door opened especially for smokers, the noise created from patrons leaving the venue late at night and that late opening hours attracted additional people to the area adding to the cumulative impact area. He added that there was a similar Premise called the Admiral Duncan that had a cabaret act that closed at midnight and he did not know of many LGBT premises that had closed.
Mr Kaner (representing the Covent Garden Community Association) advised that the Premises were, in effect, operating as a bar and applying to extend the licence outside of core hours on these two days was against the Council’s Policy. The area was already very busy and granting this application would add to the cumulative impact in the area. Mr Kaner then asked that if the application was granted the Applicant agree to stop off Sales of Alcohol from 22:00 hours and commented that it was very strange how the Premises had ended up with 120 minutes of drinking up time on the licence. Mr Kolvin advised that they were prepared to offer no off Sales of Alcohol after 22:00 hours on cabaret nights. Mr Kaner added that he was aware of “Salsa bar” causing problems in the area and residents were looking to review their licence. Mr Kaner emphasised that he did not believe the additional conditions would fully address the issue of the promotion of the licensing objectives.
Mr Kolvin advised that patrons had to be seated to watch the cabaret but between 22:00 and midnight patrons could choose to go to the bar and order a drink or order at their tables by waitress or waiter service. After midnight alcohol could only be ordered by waitress and waiter service at the table. Mr Kolvin confirmed that it was a seated cabaret not a vertical cabaret and was very much like a concert where you had to be seated but could get up to purchase a drink at the bar. Mr Kaner advised that he would prefer that it was only waiter and waitress service from 22:00 hours.
Mr Brown addressed the Sub-Committee on the Council’s Policy and stated that the application clearly fell within Policies PB2 and CIPI and therefore would need to be refused unless the Applicant could demonstrate exceptional circumstances. He referred to Policy 2.4.1 of the City Council’s SLP and read it out for the Sub-Committee’s attention. Mr Brown considered the Open Hours as it was a fundamental part of the application as they should fall within core hours. He advised that it would be beneficial if patrons were seated with waitress and waiter service from 22:00 onwards on cabaret nights.
Mr Glesson (representing the Soho Society) advised that the Soho Society objected to this application with a rather heavy heart because of the number of LGBT premises that had closed down across London. He added that Soho was the natural and spiritual home for such venues but they did have to demonstrate that they could operate within the City Council’s SLP.
Ms Doyle (representing the Soho Society) advised that she had a different point of view from Mr Glesson and that she objected to the application on the grounds of prevention of public nuisance, prevention of crime and disorder and also cumulative impact in the West End Cumulative Impact Area. The Sub-Committee heard that there was a high level of crime and disorder, drugs and homelessness already in the area. Ms Doyle contented that violent crime was much higher after midnight especially around venues that had late night licences. Ms Doyle stated further that late night venues also attracted increased drug selling/use by gangs and begging because of the number of people standing outside such venues and in the general area which added to the cumulative impact area.
The Chairman asked for the Applicant and the Responsible Authorities to respond to the Interested Parties concerns regarding the application.
Mr Kolvin advised that on cabaret nights the MC would announce that people without a ticket would be required to leave at 22:00 hours. There would also be notices on the walls and tables to that effect. In addition, the Applicant had accepted a condition that the A board be removed at 6pm on cabaret nights and that there would be a maximum of 5 smokers permitted outside the Premises after 23:00 hours to prevent nuisance Mr Kolvin stated that the Applicant did consider that two SIA were unnecessary as it was a small bar, there had been no noise nuisance issues and there was no evidence that people left the Premises shouting and causing problems in the area. The Sub-Committee was advised that there had been 13 TENs since last October with only one SIA supervisor present at the Premises and the 18 additional conditions would promote the licencing objectives. He added that all applications should be considered on their own merit and the capacity of the Premises did not increase as patrons could sit in the Premises until 1.30pm now.
The Sub-Committee heard that there were 54 seats in the Premises and a bench located outside of the Premises. Mr Farrell advised that people did sit on the bench at all hours of the night and offered a photo of the bench to the Sub-Committee from his mobile phone. Mr Kolvin agreed that a condition to remove the bench by 23:00 hours be added to the licence and stated that planning permission would be sought for the bench immediately. Mr Kaner stated that Mr Murkett had advised in his Noise Report that an additional steward be employed to control the Premises. Mr Kolvin advised that the Applicant was very happy to have a member of the management helping the door supervisor. PC Lewis advised that if a member of the management team did go out to help he would need to hold an SIA licence.
In response to a question from the Sub-Committee’s Legal Advisor, Mr Kolvin advised that the application was within the Premises current opening hours, the 18 additional conditions would promote the licensing objectives, people would be seated whilst the cabaret was taking place and the Applicant considered that the application was an exception to policy.
The Sub-Committee carefully considered all the evidence in light of the licencing objectives and decided to grant the application with restricted hours and additional conditions for a 12 month period. The Sub-Committee considered the application was an exception to policy due to it being an iconic LGBT premises, live music venue and a small working pub and the Applicant had told the Sub-Committee that the Premises would continue to operate as such. The Sub-Committee further considered that the impact on the area would be neutralised and not add to cumulative impact in the West End area. The Sub-Committee felt that it was right and proper that it should scrutinise the application heavily to ensure that the arguments advanced in respect of exceptionality were justified and would not lead to negative impact in the cumulative impact area.
Following full Responsible Authority and residential engagement the Sub-Committee considered that the conditions such as limiting the cabaret nights to 52 per year, taking off Sales of Alcohol back to 22:00 hours and making alcohol sales ancillary to cabaret nights are all important measures that would help promote the Licensing Objectives. The Sub-Committee further considered that it was necessary to employ two SIA supervisors on the door based on the Police and resident’s evidence regarding Crime and Disorder in the area as this would promote the crime and disorder licensing objective. The Sub-Committee considered overall that the conditions it imposed on the Premises Licence to be appropriate and proportionate that would promote the licensing objectives. The Sub-Committee in its determination of the matter had regard to its Public Sector Equality Duty contained under section 149 of the Equality Act 2010 when considering the application.
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2. |
Sale by retail of alcohol
Monday to Thursday 10:00 to 23:00 Friday to Saturday 10:00 to 00:00 Sunday 10:00 to 22:30
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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. |
Live Music, Recorded Music, Performance of Dance, Anything of a Similar Description (indoors)
Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 10:00 to 22:30
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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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4. |
Hours premises are open to the public
Monday to Thursday 09:00 to 00:30 Friday to Saturday 09:00 to 01:30 Sunday 09:00 to 00:30
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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
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 sub-paragraph 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.
Conditions consistent with the operating schedule
9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team covering all entry and exit points. All entry 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. Viewing of recordings shall be stored for a minimum of 31 days with date and time stamping. Recordings shall be made available immediately upon request of the Police or an authorised officer throughout the preceding 31 day period.
10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times the premises is 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.
11. 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 searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
12. There shall be a minimum of one SIA licensed Door Supervisor on duty in the premises from 8p.m until close of business on Fridays and Saturdays. They shall wear high visibility tops and their SIA licenses shall be displayed at all times.
13. The volume of recorded music shall be reduced to a background level during the wind down period.
14. A notice shall be placed prominently at the exits asking customers to leave quietly.
15. Kitchen extract filters shall be cleaned at least once a week.
16. Management and staff shall perform regular checks outside the premises whenever regulated entertainment is provided.
17. No person under the age of 18 years will be permitted on the premise unless accompanied by an adult. No person under the age of 18 will be allowed on the premises after 2300hrs.
18. The Sale by Retail of Alcohol, Performance of Live Music, Playing of Recorded Music and Anything of a Similar Description to that falling within Performance of Live Music and Playing of Recorded Music shall be extended from New Years Eve 10:00 to 01:00 on 2nd January.
19. Substantial food and suitable beverages other than alcohol, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
20. A noise limiter is to be installed to volume control for the Amplification Sound System. The limiter must be set at a level determined by and to the satisfaction of an Authorised Officer of the Environmental Health Service's Community Protection Department do as to ensure that no noise nuisance is caused to local residents and business. The noise limiter and amplification system shall not be altered or added to without prior agreement of the Environmental Health Service. The noise limiter panel shall then be secured to the satisfaction of Officers from the Environmental Health team.
21. 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.
22. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
23. All entrance doors to be kept closed except for the immediate access and egress of persons.
24. Windows will remain closed in all rooms when regulated entertainment is taking place.
25. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
26. No speakers shall be located in the entrance area.
27. All exit doors shall be available at all material times without the use of a key, code, card or similar means.
28. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
29. No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) is inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or is distributed to the public, that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services.
30. Any entertainment, performance, service, or exhibition involving nudity or sexual stimulation which would come within the definition of a sex establishment in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986, (whether or not locally adopted), shall not be provided.
The Sub-Committee imposed on the Premises Licence the following additional Conditions to apply only on Friday and Saturday cabaret nights when the premises are to operate licensable activities until 0100
31. Admission to the premises after 2200 will be by pre-purchased ticket only. The ticket will have a minimum value of £8
32. A maximum of 50 tickets will be sold per evening
33. All customers who have not purchased a ticket will be required to vacate the premises by 22.00
34. All customers will be required to be seated during the live performances save for those customers purchasing drinks in the Bar area of the Premises
35. Any alcohol sales after midnight will be by way of waiter/waitress service at tables
36. There will be no alcohol sales over the bar after midnight
37. There will be no entry/re-entry to the premises after midnight (save to allow re-entry to persons who have gone outside to smoke)
38. Extra conditions applying to the licence on every night of trade, whether or not cabaret is being operated
39. The extension of hours and the conditions are limited to 12 months.
40. All external shelving/seating fixed to the premises shall be removed or rendered unusable by 23.00 each day.
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 shall be made publicly available at all times the premises is open. This telephone number is to be made available to all residents and businesses in the vicinity.
42. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
43. The premises licence holder shall ensure that any patrons drinking and/or 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 in the public highway. 44. After 23:00 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.
45. 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.
46. No deliveries shall take place to the premises between the hours of 11 p.m. and 7.30 a.m.
The Sub-Committee imposed on the Premises Licence the following additional conditions on those Fridays and Saturdays when cabaret is being offered.
47. Admission to the premises after 22:00 will be by pre-purchased ticket only. The ticket will have a minimum value of £8.
48. A maximum of 50 tickets will be sold per evening.
49. All customers who have not purchased a ticket will be required to vacate the premises by 22:00.
50. All customers will be required to be seated, save when purchasing drinks from the bar area during the live performance.
51. Any alcohol sales after midnight will be by way of waiter / waitress service at tables.
52. There will be no alcohol sales over the bar after midnight.
53. There will be no entry/re-entry to the premises after midnight (save to allow re-entry to persons who have gone outside to smoke).
54. On Friday and Saturday cabaret nights prominent signage, stating that patrons without a ticket will be required to vacate the premises from 22:00 hours, shall be displayed so as to be visible before entering the premises, at the bar and at the tables within the premises.
55. On Friday and Saturday when cabaret is being provided, a minimum of 2 SIA door staff or member of management in hi-visibility jacket and body worn video camera will patrol outside the premises in order to disperse patrons away from the area for at least 30 minutes after closing time.
56. After 22:00 on Fridays and Saturdays, when cabaret entertainment is being provided there will be no sale of alcohol for consumption off the premises.
57. Any licensable activity after 23:00 on Fridays and Saturdays when cabaret is being provided at the premises shall be ancillary to the provision of entertainment by way of cabaret.
58. Patrons permitted to temporarily leave and re-enter the Premises e.g. to smoke, shall be limited to 5 persons at any one time.
59. The extension of hours on Friday and Saturday for licensable activities will be limited to 52 occasions a year.
60. In the event that the new premises licence is granted in the terms sought, then the existing premises licence (17/010767/LIPDS) will be surrendered