Skip to main content

Agenda item

The Gaslight Club, 4 Duke of York Street, London, SW1Y 6LA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward/ Westminster Core CAZ

The Gaslight Club, 4 Duke of York Street, London, SW1Y 6LA

Sexual Establishment Venue

19/02770/LISEVV

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 9thMay 2019

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder.

 

Legal Adviser:             Horatio Chance

Committee Officer:     Kisi Smith-Charlemagne

Presenting Officer:     Michelle Steward

 

Relevant Representations: Gaslight of James’s Limited, Environmental Health Services and one Anonymous objector. 

 

Present:  Ms Suzanne Davis (Agent for the Applicant), Mr Paul Philport (Manager, Applicant), Mr Gary Nichols (Venue Manager) and MrDereck Jarwood Doorman all appearing on behalf of the Applicant and Mr Ian Watson (Environmental Health Services)

 

 

The Gaslight Club, 4 Duke of York Street, London, SW1Y 6LA (“The Premises”) 19/02770/LISEVV

1.

Variation of Sexual Entertainment Licence

 

 

1.   To vary the layout of the premises as follows:

 

·         the location of fixed seating, stage and podium;

·         the configuration of the bar servery;

·         WC provision and

·         include a staff area as part of the public area.

 

2.    To amend the following Condition 35:

 

No admission or re-admission to the premises shall be permitted, except for smokers, later than one hour before the terminal hour for the provision of relevant entertainment.

 

To be varied to read as follows:

 

No admission or re-admission to the premises shall be permitted, except for smokers, later than half an hour before the terminal hour for the provision of relevant entertainment.

 

3.    To amend condition 25:

 

By adding the wording as contained within the square brackets and bold:

 

The maximum number of persons accommodated at any one time in the basement (excluding staff) shall not exceed 110 persons after 2.30 am [on Mondays to Saturdays and 22.30 on Sundays]. The number of persons on the premises (excluding performers and staff) will be reduced from 110 to 70 save for any private pre-booked functions in respect of which the booking shall have been made at least 24 hours beforehand and the records relating to such booking shall be retained for a maximum period of 30 days following the function.

 

 

Amendments to application advised at hearing:

 

None.

 

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

 

The Chair noted that the objector was anonymous and therefore was unable to say with any certainty, that she or any member of the Sub-Committee did in fact know the objector.  The Chair advised that she wanted to make this point clear for it could potentially impact on any declarations of interest by the Sub-Committee.

 

Ms Michelle Stewart (Presenting Officer), advised the Sub-Committee that they had before them an application for a variation of a sexual entertainment venue licence and the Applicant sought to vary the layout of the Premises and to amend conditions 25 and 35 regarding re-admission of smokers and capacity in the basement area.  Ms Stewart confirmed that the Premises was in St James’s ward and not within the cumulative impact area.

 

Ms Suzanne Davis (Agent for the Applicant addressed the Sub-Committee and explained that she approached the Licensing Authority when the anonymous objection was received as it did cause some practical issues, for example trying to serve the appropriate notices or engage with the objector.  The Legal Advisor, to the Sub-Committee stated that Ms Davis’s point regarding the objector was noted by the Sub-Committee, however the objection was still valid.  Ms Davis advised that her arguments were merely trying to put the objection in to context.

 

Ms Davis requested that the Sub-Committee view the submitted plans and explained the very slight changes, which included new fix seating, new booths and the layout of the toilet provisions.  The Sub-Committee also queried the changes to the staff area, Mr Paul Philport (Manager, appearing on behalf of the Applicant) advised that the changes to the staff area included a new staff changing area which is closer to the toilet facilities.  Ms Davis advised that the principle changes related to the reduction in hours for last entry time for both licences.  She explained that currently there was a one-hour difference between last entry and closing time and what was sought was an amended last entry time to half an hour before the terminal hour.  Ms Davis stated that the Police had raised objections, but the Applicant had since agreed those specific conditions with the Police.  She confirmed that she had met with Mr Ian Watson from the Environmental Health (EH) services, who confirmed he had not received any complaints or any issues with enforcement.

 

Ms Davis felt that in her opinion the proposed variation to the Premises was modest and confirmed that there were no changes sought to the entertainment element of the licence.  She stated that the primary reason the Applicant  was seeking the variation was due to the closure of one their premises in London, Euston which stayed  open until 06:00hrs. Ms Davis went on to explain that when patrons arrived after last entry or wanted  a venue that was open much later, the Applicant would refer these patrons to their venue in Euston. Ms Davis advised the other change sought would be to Sunday evening and the later terminal hour in order to accommodate a Sunday evening charity event that was held at the premises in Euston.

 

Ms Davis advised that as far as she was aware there were no objections from local residents in the building next door to the Premises, and that the Applicant liaised with the management company to ensure resident engagement had taken place during the application process.  The Sub-Committee duly noted the letter of support provided by the Applicant from Bray Housing Management Limited, who confirmed that the Applicant was indeed a good neighbour and they had no concerns with the application.  Returning to the anonymous objector, Ms Davis advised that the objection should carry no weight due to the reasons she gave at the start of the hearing.

 

Ms Davis advised that with regards to the objector, she did not believe that this was a resident from the actual building or a local resident at all.  She referred to the complaint made regarding the bottles found in plant box, “The entrance to 4-5 Duke of York Street has 19 apartments and their entrance should remain clear and clean at all times”, pointing out that the word “their” suggested that this was not a resident of the building and possibly not a local resident at all.  Ms Davis advised the  Sub-Committee that the main concern raised in the objection related to men soliciting people on the street for dancers, she advised that the Applicant  did not accept this or had understood the objection as dancers are not permitted outside of the Premises other than to smoke and even then they are only permitted on at a time and must wear a long coat to cover themselves when outside in accordance with company policy and procedures.

 

With regards to the other complaints from the objections, Ms Davis advised that the head doorman had been employed by the Applicant since 2013 and had worked for the operator prior to 2013 so there had been consistency to the operation, and there was zero tolerance for the kind of behaviour suggested in the objection. Ms Davis advised the Sub-Committee that with regards to parking, regular users were known to staff and most walked or used taxis’, she also confirmed that there are double yellow lines outside the Premises so parking is not permitted in any event.  Ms Davis stated that the premise next door is often rented for Airbnb use and could quite possibly be the source of people standing on the steps.

 

Ms Davis advised that with regards to the urination allegation, the Premises had more than adequate facilities available, the Premises was rarely at capacity, so the facilities are not busy.  She advised further that the doormen are responsible for recording any occurrences and no such incidences have occurred and that all doormen were SIA approved. Ms Davis concluded by advising that with regards to the parking complaints from Apple Tree Yard and Ormond Yard, she confirmed that there had been no complaints from any residents in that area.

 

Dereck Jarwood (Doorman appearing on behalf of the Applicant), addressed the Sub-Committee and advised that he had worked for the Applicant for seven and a half years.  He advised that the Premises received some patrons from other clubs in St James’s Square and like the East India Club and the Royal Automobile Club (RAC) in Pall Mal.  He confirmed that taxis arrive with patrons for the Gaslight Club or some arrive by foot.  He stated that he and the Applicant had a good relationship with their neighbours upstairs and that only 5 or 6 owner occupiers that still live in the building.

 

The Sub-Committee declared that they were members of a number of clubs in the area including Chattam House and the Royal Automobile Club (RAC), and apologised for the late mention, but this only came to mind when the St James’s clubs were discussed.  However, the Sub-Committee did not believe that these declarations would impact the application in any way but in the interests of openness and transparency were nevertheless noted.

 

The Sub-Committee then heard from Mr Watson (Environmental Health Services), who explained that this was an established premise with some 20 years’ operating experience.He informed the Sub-Committee that the current licence still contained historical conditions which related to when it was a hostess bar, before the license was converted in 2012 to a Sexual Entertainment Venue.  Mr Watson confirmed that he visited the premises with the Applicant representative in early April the site to look at the alterations.   He advised the Sub-Committee that the actual scope of change is quite limited because it is a basement venue.  Mr Watson advised the Sub-Committee that the changes to what was the downstairs changing room, which was previously a basic area had now become a seated area with CCTV as per conditions.  He also advised that the changes to the toilets and the bar areas had been minimal in scope and were satisfactory, therefore he had no public safety concerns relating to the premises.

 

Mr Watson confirmed that the other two main points were the change of the last entry time and the extension on the Sunday hours.  He advised that back in 2014 when the premises last came before the Sub-Committee which was for a variation to extend hours, it was the applicant who suggested a reduction in the last entry time to 1 hour in order to satisfy residents, however were now asking for that to be reduced by 30 minutes with the modification of conditions to reflect that.  Mr Watson advised that he had looked at the conditions for this Premises going along way back, he confirms that the Premises were very well run and there was no history of complaints from activities associated inside or outside the Premises.

 

Mr Watson advised the Sub-Committee that he had also spoken to Mr Franks who inspected SEV premises and the comments from Mr Franks were about the consistency of the Doorman who was always on the door, he advised that his gives comfort to the inspectors. Mr Watson advised that he had looked at the objections and reviewed Ormond Yard and Apple Tree Yard which are part residential and commercial areas and there had been no complaints in relation to the Premises.  Mr Watson advised that the hours on Sunday would not change and the Premises has set capacities for when they provide SEV entertainment of 110, after 02:30hrs that will be reduced down to 70. He stated that if there is a private event the capacity is 150 which is inclusive of staff.

 

The Sub-Committee sought further confirmation from the EH officers visit and asked further questions regarding the plan and capacity for each of the new booths.  Mr Gary Nichols (Venue Manager for the Applicant) addressed the Sub-Committee and confirmed that the capacity for each booth was six or seven however there was one larger booth which seats approximately 8 to 9 people. The Legal Advisor to the Sub-Committee asked Ms Davies whether the increase by one and a half hours on Sunday was to accommodate charitable events. In reply Ms Davies confirmed that in part this was correct but not exclusively.  She advised that the increase in hours for this purpose afforded the Applicant a degree of flexibility and again referred to the closed premises in Euston which were open to 06:00hrs Ms Davis confirmed that the Premises did have parties and host special occasions which never reached the full capacity of 110 are usually for approximately 60 to 70 people.

 

The Sub-Committee sought further clarification on why the Applicant wanted to keep the capacity and how many special or private events they expected to take place over a 12-month period.  Ms Davies responded to the query and advised the Sub-Committee that the Applicant required a degree of flexibility.  The Sub-Committee carefully considered all of the evidence on its individual merits and decided to grant the application before them with the amended Conditions now imposed on the Licence.  The Sub-Committee noted that it was advised by the Environmental Health Service that the Premises had a record of being well run and this gave trust and confidence to the Sub-Committee in the management of the Premises.

 

 Standard Conditions

 

1.         Whilst Relevant Entertainment is taking place no person under the age of 18 shall be on the licensed premises and a clear notice to that effect shall be displayed at the entrance in a prominent position so that it can be easily read by persons entering the premises.

 

2.         Whenever persons under the age of 18 are admitted to the premises there will be no promotional or other material on display within the premises which depicts nudity or partial nudity.

 

3.         The licence or a clear copy shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises.

 

4.         No provision of relevant entertainment, or material depicting nudity or relevant entertainment, shall be visible from outside the premises.

 

5.         Menus and drinks price lists shall be clearly displayed at the front entrance of the club, reception area, tables and bar at such a position and size as to be easily read by customers.  This price list shall show all consumable items and any minimum tariff including charges and fees applicable to Performers.

 

6.         Except with the consent of the Licensing Authority, no advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) shall be inscribed or affixed at the premises, on the surface of the highway or on any building, structure, works, street furniture, tree or any other property or be distributed in the street to the public that advertises or promotes the relevant entertainment at the premises.

 

7.         The licence holder or other person concerned in the conduct or management of the premises shall not seek to obtain custom by means of personal solicitation or touting, nor enter into any agreement with a third party to do so.

 

8.         Adequate toilets, washing and changing facilities for use by the Performers shall be provided.

 

9.         Either the licence holder or a named responsible person shall be present throughout the time the Relevant Entertainment takes place.

 

10.       The premises will install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer that ensures all areas of the licensed premises are monitored including all entry and exit points will be covered enabling frontal identification of every person entering any light condition.  All cameras shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.  All recordings shall be stored for a minimum period of 31 days with date and time stamping.  Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period together with facilities for viewing.

 

11.       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 and this staff member should be able to show Police recent data and footage with the absolute minimum of delay of the request.

 

12.       An incident log shall be kept at the premises, and made available on request to the Licensing Authority 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) 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;

(i) any breach of licence conditions reported by a Performer.

 

13.       The licence holder shall produce a Code of Conduct setting out rules and obligations between the licence holder and performers whilst performing.  All Performers shall sign the Code of Conduct in their proper name acknowledging that they have read, understood and are prepared to abide by the said Code of Conduct, and a copy so signed shall be retained by the licence holder and shall be readily available for inspection by the Police and/or authorised persons upon reasonable request.

 

14.       Individual records shall be kept at the premises of the real names, stage names and addresses of all Performers working at the premises.  The record will include either a copy of their birth certificate, current passport, EU driving licence or national identity card and shall be made immediately available for inspection by the Police and/or the Licensing Authority upon request.

 

15.       Details of all work permits and/or immigration status relating to persons working at the premises shall be retained by the licence holder and be readily available for inspection by the Licensing Authority, a Police Officer or Immigration Officer.

 

16.       Relevant entertainment shall be given only by Performers and the audience shall not be permitted to participate in the relevant entertainment.

 

17.       There shall be no physical contact between Performers whilst performing.

 

18.       Performers will not request or give out any telephone number, address or any other contact information from or to any customer.  Any such information given by a customer shall be surrendered to the premises manager as soon as is practicable.

 

19.       Relevant Entertainment shall take place only in the designated areas approved by the Licensing Authority as shown on the licence plan.  Arrangements for access to the dressing room shall be maintained at all times whilst Relevant Entertainment is taking place and immediately thereafter.

 

20.       Customers must remain fully clothed at all times.  The Performer must not remove any of the customer's clothing at any time.

 

21.       Where relevant entertainment is provided in booths, or other areas of the premises where private performances are provided, the booth or area shall not have a door or other similar closure, the area shall be constantly monitored by CCTV, and access to the booth or other area shall be adequately supervised.

 

22.       Whenever Relevant Entertainment is being provided there shall be no physical contact between Performers and customers or between customers and Performers except for the exchanging of money or tokens at the beginning or conclusion of the performance and only for the purpose of that performance.  Clearly legible notices to this effect shall clearly be displayed in each private booth and in any performance area.

 

23.       Performers must redress fully immediately after each performance.

 

Additional Conditions:

 

24.       All public areas of the premises shall be sufficiently illuminated to afford the licensee a clear view of the hostesses.

 

25.       The maximum number of persons accommodated at any one time in the basement (excluding staff) shall not exceed 110 persons. After 2.30am on Mondays to Saturdays and 22.30 on Sundays the number of persons on the premises (excluding performers and staff) will be reduced from 110 to 70 save for any private pre-booked functions in respect of which the booking shall have been made at least 24 hours beforehand and the records relating to such booking shall be retained for a minimum period of 30 days following the function.

 

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

 

27.       The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

28.       Curtains and hangings shall be arranged so as not to obstruct emergency signs.

 

29.       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.

 

30.       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.

 

31.       All exit doors shall be available at all material times without the use of a key, code, card or similar means.

32.       Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

 

i. pyrotechnics including fireworks

ii. firearms

iii. lasers

iv. explosives and highly flammable substances.

v. real flame.

vi. strobe lighting.

 

33.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

34.       Customers will be encouraged to utilize the preferred taxi company of the licence holder and also to remain in the premises whilst awaiting arrival of their taxi.

 

35.       No admission or re-admission to the premises shall be permitted, except for smokers, later than half an hour before the terminal hour for the provision of relevant entertainment.

 

36.       At times when a Temporary Event Notice is in force extending the permitted hours for licensable activities at these premises under the Licensing Act 2003, the hours for the provision of relevant entertainment (as defined in the Local Government (Miscellaneous Provisions) Act 1982) will be similarly extended without the need for a separate variation application in respect of this licence.

 

 

Supporting documents: