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Agenda item

Crystal Maze, 22-32 Shaftesbury Avenue, London, W1D 7EU

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward/ West End Cumulative Impact Area

Crystal Maze, 22-32 Shaftesbury Avenue, London, W1D 7EU

New Premises Licence

18/14617/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 5

Thursday 31stJanuary 2019

 

Membership:              Councillor Murad Gassanly (Chairman) and Councillor Rita Begum.

 

Legal Adviser:             Barry Panto

Committee Officer:      Kisi Smith-Charlemagne

Presenting Officer:      Michelle Steward/Kevin Jackaman

 

Relevant Representations: Metropolitan Police, Environmental Health, Licensing Authority and Nimax Theatres Ltd.

 

Present:  Mr Jon Payne (Solicitor, representing the Applicant Company, Little Lion Entertainment Limited) Mr Tom Lionetti-Maguire (Managing Director of Applicant company), PC Bryan Lewis (Metropolitan Police), Mr WatsonIan Watson (Environmental Health) and Ms Roxsana Haq (Licensing Authority).

 

 

The Crystal Maze, 22-32 Shaftesbury Avenue, London, W1D 7EU (“The Premises”) 18/14617/LIPN

 

1.

Sale by retail of Alcohol: On sales

 

Monday to Sunday: 09:00 to 03:00

 

The premises may remain open for the sale of alcohol, regulated entertainment 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

 

On the morning that the 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 hours.

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

Mr Kevin Jackaman (Presenting Officer) confirmed the application, advising that the Environmental Health Service, The Police and the Licensing Authority had maintained objections to the application and a further representation from a commercial operator had also been received.  Mr Jackaman advised the Sub-Committee that the premises was in the St James’s Ward and in the West End Cumulative Impact Area (CIA).

 

Mr Jon Payne (Solicitor, representing the Applicant) informed the Sub-Committee that his client was offering something different in a positive way.  He informed the Sub-Committee that the premises had previously been a Casino and his client intended to refurbish the premises into a game and theatrical experience. His client had previously operated the Crystal Maze in Islington and also had a 24 hour licence in Manchester.  Mr Tom Lionetti-Maguire (Managing Director of Applicant company) showed the Sub-Committee a promotional video of the concept from the premises in Manchester.  He advised that his company intended to open up theatre to a diverse audience for shared experiences. There would be a crew of 150 actors and a maze master to guide customers around the maze and to allow the customers to immerse themselves in the experience.  He said that Customers would work in teams of 8 collecting crystals and a new game starts every 8 minutes.

 

Mr Lionetti-Maguire informed the Sub-Committee that the reception was on the ground floor, where it safely bustling with actors and crew members.  Mr Lionetti-Maguire advised the Sub-Committee that the licensed areas were away from the street, so members of the public would not just walk in off the street to purchase alcohol.  He advised that there was a debrief area and a lounge bar; if they visit the lounge most customers will not stay for more than an hour.  Mr Lionetti-Maguire showed the Sub-Committee the plans, including the entrance and egress points and fire exits. He advised that all staff are trained and that there is always a First Aider and Fire Marshal on site.  He also advised that alcoholic drinks are prohibited before taking part in any games, as part of the instructions sent out when booking and as part of the company’s insurance policy.

 

Mr Payne advised the Sub-Committee that during the company’s three years in Islington, there had been no incidences.  He advised that in most cases alcohol would be ancillary to activities, apart from very few spectators who may accompany paying participants.  Mr Payne referred to WCC policy PVC2, advising that theatres and premises of a similar nature do not add to cumulative impact (though the members noted that there was still a need to demonstrate that the proposed use would not add to cumulative impact).  He advised that the premises currently had a generous gambling licence until 05:00, however what his client was proposing was much better and would see a diminutive level of alcohol sales in comparison.  Mr Payne commented on the valuable pre-application advice received from the licensing authorities.

 

PC Bryan Lewis (Metropolitan Police) addressed the Sub-Committee and advised that he had maintained the representation.  He explained that he had visited the premises and met with the Applicant. He said that the premises, set and design was very impressive, however he did still have concerns regarding the CIA.  PC Lewis also had concerns regarding the opening hours, ticketed entry, SIA security, queuing and the submitted risk assessment.

 

The Sub-Committee then heard from Ian Watson (Environmental Health Services) who advised he had been involved with the application since September.  He said that the previous premises licence had hours until 06:00 however, was restricted so that alcohol supply was ancillary to gambling.  Mr Watson felt that some consideration should be given to premises that provide an entertainment experience, as WCC policies did not quite address the nature of the Applicants premises and referred to WCC policy PVC2.   Mr Watson explained that he was more concerned with public safety than public nuisance and he commented on a risk assessment to address concerns and noted that a works clearance would be required prior to public use. 

 

Mr Watson advised that he felt this was not an alcohol lead venue, as entry was by ticket only and alcohol ancillary to the Crystal Maze experience.  He said that this was an experience that could be enjoyed by younger (13 years plus) people and adults and provided facilities to include customers with disabilities.  Mr Watson advised the Sub-Committee that he had also maintained his representation due to the other representation that had been received. He confirmed that conditions had been agreed with the Applicant which included a restricted capacity of 200 persons on the second floor.  He said that he was not concerned with the opening hours or access & regress, and with regards to deliveries, these had all been conditioned and he was generally happy with the application.

 

Roxsana Haq (Licensing Authority) addressed the Sub-Committee and advised that the Licensing Authority had maintained its objections due to the representations made by other objectors who may have needed support had they attended.  She was also concerned that this was a new application in the CIA.  Ms Haq advised that she was happy with the conditions, but that it would be for members to decide if they were acceptable. Apart from that the LA was happy with the application.

 

Mr Payne advised the Sub-Committee that the hours proposed were more than core hours, but significantly less than the hour of the previous operator, he felt that his client would be operating a premise of a much different nature, with less capacity and many activities that do not require a licence.  Mr Lionetti-Maguire advised the Sub-Committee that the cost of entry was £60-£80, less for spectators (£20-£25) and therefore it would be much more profitable to put patrons through the game than to drink alcohol.  Mr Lionetti-Maguire informed the Sub-Committee that dispersal is staggered as the games finish every 10-15 mins.

 

The Sub-Committee queried the premises existing licence and if the Applicant intended to keep it.  Mr Lionetti-Maguire advised that he intended to keep it until a new licence was granted and then he would be happy to give the current licence up.

 

Mr Panto sought further clarification with regard to the second-floor plans and the hatched green area for alcohol consumption on the mezzanine and third floors.  PC Lewis also sough further assurances regarding the presence of security as he felt that certain groups would require more security later in the evening.

 

With regard to the hatched green areas on the plans, Mr Payne advised the Sub-Committee that it allowed the ability to consume alcohol in certain areas for operational flexibility.  He advised that the third-floor was for VIP customers and staff events, the general public were restricted to the second floor.  Mr Payne also confirmed that the existing gambling licence had been transferred to the applicants. The actual Casino had been relocated to Old Park Lane. The applicants did want to retain the existing licence but were prepared to surrender it if this new licence was granted to them on acceptable terms.

 

Mr Lionetti-Maguire advised the Sub-Committee that evidence exists from his other two premises, in Islington and Manchester, that staff could manage security risks. He felt that SIA security staff were not generally required.  Mr Payne referred to section 21 of the Licensing Act 2003 and stated that, because his client was applying for regulated entertainment that authorised plays and films, there was no requirement for the mandatory door supervision requirement to apply.  He advised that his client had already agreed to condition 32, with no less than two SIA security persons after 00:00.

 

Mr Panto, the legal adviser to the Licensing Sub-Committee, did not agree that would make any sense, though he understood the point being made based on a literal interpretation of section 21. He suggested to Mr Payne that his client would presumably only use licensed door supervisors in any event and asked if, despite the clear views expressed by Mr Payne, they would be prepared to accept that the “mandatory” condition would be included. Mr Payne consulted his client and agreed. The members were grateful for the concession being made as this was a matter of concern to them for premises situated in the heart of the CIA. They wanted it to be recorded that, had the concession not been made, they would probably have imposed the condition in any event pursuant to their general powers in that regard.    

 

The Sub-Committee did have concerns about the potential for non-participants to consume alcohol on the second floor until the early hours of the morning. However, after reviewing the evidence submitted by the Applicant and those making representations against the application and the evidence heard during the hearing, the Sub-Committee, concluded that the premises would not operate as a drink led environment. The specific nature of the premises was very different to many other applications received in the CIA. The members welcomed the variety that this application would bring to the West End and was also satisfied that conditions had been agreed which would meet most of the concerns raised by those who had objected to the application.  The Sub-Committee was of the opinion that the premises would promote the licensing objectives and would not add to cumulative impact and granted the application accordingly.

 

2.

Late Night Refreshment: Indoors

 

Monday to Sunday: 23:00 to 03:00

 

The premises may remain open for the sale of alcohol, regulated entertainment 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

 

On the morning that the 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 hours.

 

 

Amendments to application advised at hearing:

 

None.

 

3.

Performance of plays, Exhibition of films, Indoor Sporting Events, Performance of Live Music, Playing of recorded music, Performance of dance, Anything of a similar description to that falling within live music, playing of recorded music or performance of dance: Indoors

 

Monday to Sunday: 09:00 to 03:00

 

The premises may remain open for the sale of alcohol, regulated entertainment 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

 

On the morning that the 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 hours.

 

Amendments to application advised at hearing:

 

None.

 

4.

Hours Premises Open to the Public

 

Monday to Sunday: 09:00 to 04:00

 

The premises may remain open from the terminal hour on New Year's Eve through to the commencement time on New Year's Day.

 

On the morning that the 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 hours.

 

 

Amendments to application advised at hearing:

 

None.

 

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

 

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.

 

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.

 

10.      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.


 

Conditions consistent with the operating schedule

 

10.           This licence shall only have effect whilst the primary use of the premises is as an entertainment venue with a D2 planning use class and it shall not predominantly be operated as a drinking establishment. 

 

11.           The licensable activities authorised by this licence shall only be carried on at the premises by Little Lion Entertainment Limited. 

 

12.           The provision of licensable activities shall only be to persons who have been provided with an entry ticket or pre-booked for entrance. 

 

13.           The sale of alcohol will be limited to the area hatched in blue on the approved plan. 

 

14.           Alcohol shall only be permitted to be consumed in the areas marked in green on the approved plan. 

 

15.           There shall be no self-service of alcohol 

 

16.           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. 

 

17.           There will be no direct access to the bar from the street. 

 

18.           Signage will be placed at the public exits from the alcohol service and consumption areas advising that alcohol must not be taken beyond that point. 

 

19.           There shall be no consumption of alcohol by participants in the themed activities in the premises until they have completed the themed activity. 

 

20.           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. 

 

21.           All staff will be provided with training in relation to the licensing objectives that are commensurate with their duties. This will include the individual's responsibilities, age verification and licensing offences, as appropriate. Details of the training will be recorded in a personnel file or log book and will be refreshed at regular intervals.  

 

22.           An attendant or receptionist shall be on duty in the ground floor reception area whilst the public are permitted access into the building.  

 

23.           The number of persons permitted on the second floor at any one time (excluding staff) shall not exceed 200 persons. 

 

24.           Subject to any required Listed Building or other planning consent, prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises. 

 

25.           The premises may remain open for 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. 

 

26.           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. 

 

27.           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. 

 

28.           The edges of the treads of steps and stairways shall be maintained so as to be conspicuous, subject to any listed building requirements or restrictions. 

 

29.           Any special effects provided as part of a licensable activity will be assessed and appropriate certification provided. Any smoke machines/ pyros/ strobes etc in the licenced areas will need to be detailed to local authority before use. 

 

30.           All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device. 

 

31.           Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment. 

 

32.           All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric.  Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible. 

 

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

 

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

 

35.           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. It must be completed within 24 hours of the incident and 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 

(g)            any refusal of the sale of alcohol 

(h)            any visit by a relevant authority or emergency service.

 

36.           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. 

 

37.           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.  This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested. 

 

38.           Notwithstanding the mandatory condition imposed by Section 20 of the Licensing Act 2003 (above) the exhibition of films pursuant to this licence will be restricted to films that have been classified as Universal (U) or Parental Guidance (PG) by the film classification body designated under Section 4 of the Video Recordings Act 1984, recordings made for terrestrial broadcast prior to 9pm or any video footage that has been recorded on the premises or prepared for viewing as part of the non-licensable entertainment provided. 

 

39.           The Licence Holder shall conduct a risk assessment in relation to the need for door supervisors, taking into account the activities planned at the premises, local intelligence provided to the licence holder, any formal advice provided by the Police and any security contractor appointed by the licence holder. Where the assessment shows that door supervision is required, supervisors shall be engaged at such times and ratios as are assessed to be necessary. The duty logs of door supervisors engaged will be maintained for inspection at the premises for a period of six months from the date of the last record made in the log.  SIA licenses shall be displayed at all times that the security are on duty. 

 

40.           Where the premises are open to the public for licensable activities after midnight on any day, no less than two persons registered with the Security Industry Authority shall be engaged at the premises from midnight until the time that the premises close. 

 

41.           The majority of safety matters at the premises, including access, egress and presence in the building are adequately covered by statutory provisions such as The Health and Safety at Work (etc) Act 1974 and The Regulatory Reform (Fire Safety) Order 2005.  

 

42.           No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 08.00 hours. 
 

43.           No deliveries to the premises shall take place between 23.00 and 07.00 hours. 

 

44.           No loudspeakers shall be placed on the exterior of the building. 

 

45.           No noise generated on the premises from a licensable activity, 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 public nuisance. 

 

46.           A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. 

 

47.           There shall be no sales of hot food or hot drink for consumption off the premises after 23.00. 

 

48.           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. 

 

49.           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. 

 

50.           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. 

 

51.           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. 

 

52.           A Challenge 25 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. 

 

53.           No licensable activities shall take place at the premises until premises licence 18/09335/LIPT (or such other number subsequently issued for the premises) has been surrendered.

 

 

 

 

Supporting documents: