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Agenda item

The Gaslight of St James's, 4 Duke Of York Street, London, SW1Y 6LA

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

St James’s Ward/ Not in a Cumulative Impact Area

The Gaslight of St James’s

 

4 Duke of York Street,

 

London,

 

SW1Y 6LA

Premises Licence Variation

19/02741/LIPV

 

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 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”) 19/02741/LIPV

1.

 Variation of Premises Licence

 

 

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

 

  • Location of fixed seating, podium and stage
  • Configuration of the bar servery
  • WC provision
  • Staff area as part of public area

 

2. To amend condition 30 which states:

 

The maximum capacity at the premises when licensable activities consisting of the sale of supply of alcohol or the provision of late night refreshment are taking place shall be 150 persons (including staff).  Whenever regulated entertainment is also provided or provided independently, then the maximum capacity of the premises shall be 110 (excluding staff). After 2.30 am 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.

 

To be varied to read as follows:

 

The maximum capacity at the premises when licensable activities consisting of the sale of supply of alcohol or the provision of late night refreshment are taking place shall be 150 persons (including staff).  Whenever regulated entertainment is also provided or provided independently, then the maximum capacity of the premises shall be 110 (excluding staff). [After 2.30am on Mondays to Saturdays and after 22.30 pm 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.

 

3. To amend condition 33 which states:

 

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

 

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 sale of alcohol, Mondays to Saturdays and on 22.30pm on Sundays.

 

4. To amend the terminal hour for the sale of alcohol to 00:00 on Sundays.

 

 

Amendments to application advised at hearing:

 

To amend the opening hours to 00:30 on Sundays.

 

 

 

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 premises licence and the Applicant sought to vary the layout of the Premises to amend conditions 30 and 33 regarding re-admission of smokers and capacity in the basement area and amend the terminal hour for the sale of alcohol.  Ms Stewart informed the Sub-Committee that the Premises was in St James’s ward and not within any 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 of 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 t 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 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 licence 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 this 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  would be useful,  and again referred  to the 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 the Applicant 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 determined the  application on its individual merits having carefully considered all of the evidence in the matter and decided to grant the application before them, with conditions on the basis that the licensing objections would be promoted, further the Sub-Committee noted that the comments made by the Environmental Health Officer in relation to the Premises record of being well run gave comfort to the Sub-Committee that overall the licensing objectives would be promoted.

 


 

Mandatory conditions

 

 

1.    No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.    No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.    Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.    (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2)   In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children;

 

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 

(i)    drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

 

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

 

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

 

(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on;

 

(i)    the outcome of a race, competition or other event or process, or

(ii)   the likelihood of anything occurring or not occurring;

 

(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

 

5.    The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

6.    The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

 

7.      (1)          The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

 

(2)          The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

 

8.    The responsible person shall ensure that;

 

(a)   where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures;

 

(i)    beer or cider: ½ pint;

(ii)   gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml; and

 

(b)   customers are made aware of the availability of these measures.

 

A     responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

 

9(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.

 

9(ii) For the purposes of the condition set out in paragraph 9(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.

 

9(iii) Where the permitted price given by Paragraph 9(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.

 

9(iv).    (1)        Sub-paragraph 9(iv)(2) below applies where the permitted price given by Paragraph 9(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.

 

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.

 

Operating Schedule

 

11.  From 8:00pm on Thursdays, Fridays and Saturdays when licensable activities are taking place and premises are being used as a hostess club, then at least one personal licence holder shall be present on the premises.

 

12.  CCTV with time and date recording facility shall be installed at the premises in accordance with the advice of a Metropolitan Police Officer Prevention Officer.  Recordings shall be made and retained for at least thirty-one days and shall be readily available for inspection by the Police or Westminster City Council.

 

13.  On Mondays to Saturdays, when the premises are being used as a hostess club, after 11:00pm intoxicating liquor shall not be sold or supplied to persons unless a minimum entry fee of £7 has been paid for admission to the premises or an annual admission fee of £250 (not to be credited against consumables).  However, notwithstanding the above, intoxicating liquor may be sold or supplied after 11:00pm to the following persons who have not paid an admission fee:-

a)    Persons who are taking a table meal where the consumption of alcohol is ancillary to that meal;

b)    Any person attending a bona fide private function at the premises;

c)    Artistes or persons working at the premises;

d)    Bona fide guests of the proprietor, a list of whom shall be kept at the reception for inspection by the appropriate authorities;

 

14.  Suitable beverages other than intoxicating liquor including drinking water shall be available at the premises.

 

15.  The sound limiting device shall be set at such a level and sealed and maintained to the satisfaction of the Environmental Health Office and noise and vibration from mechanical equipment or from music provided at the premises shall not be audible in nearby residential property so as to constitute a nuisance.

 

16.  Should there be any change to the management structure plan, deposited with Westminster City Council Licensing Authority, the licensee shall notify the Licensing Authority as soon as reasonable practical and, in any event, within seven days.

 

17.  Whenever the premises are used for the provision of regulated entertainment, the internal lobby doors shall remain closed except for customer access and exit and in the event of emergency.

 

18.  Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of the local residents and to leave the premises and area quietly.

 

19.  The licensee and managers shall ensure that staff do not cause noise or disturbance when entering or exiting the premises or when carrying out their duties at the door or outside the premises.

 

20.  Noise and disturbance arising from taxis picking up and setting down clients at the premises shall be minimised as far as possible.

 

21.  At least one registered door supervisor shall be employed at the premises when the premises are open for the provision of regulated entertainment to the public.

 

22.  Whenever hostesses are working at the premises, customers shall be informed as soon as their bills reach £2,000 (such figure may be adjusted with the written agreed of the Police or Licensing Authority to take inflation into account) and customers should sign their agreement at this point and again upon the bills reaching £4,000, £6,000 and such further multiples of £2,000.  All bills shall clearly show the numbers of customers in the party and the number and names of the hostesses who have entertained them and be signed by the customer.  All bottles of champagne shall be signed for.  These bills shall be retained for ninety days and shall be readily available to the Police and/or the Licensing Authority upon reasonable request.

 

23.  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 hostesses.

 

24.  A permanent written record shall be maintained in the form of a "refusals book" kept at the premises.  This record shall be signed by or on behalf of the licensee on a daily basis and record the details of any customer who refuses to pay his/her bill giving details of the customer's name, contact details and a detailed copy of the bill.  These records shall be retained for a period of ninety days and be made available to the Police and/or the Licensing Authority upon reasonable request.

 

25.  A notice outlining the Code of Conduct for the customer "as agreed with the Police" shall be positioned at the entrance, reception, bar area and table menus.  It shall be of an adequate size (font 16) so that it can be easily read by the customer.

 

26.  All hostesses activities shall be conducted openly and at no time shall hostesses entertain customers in areas to the premises that are screened, hidden by curtains or not in public use.

 

27.  No payment shall be made by on behalf of the licensee to unlicensed minicabs for bringing customers to the premises and there shall be no soliciting of custom by means of persons on the public highway other than by means of handing out flyers outside the vicinity of the premises.

 

28.  All refuse is paid, properly presented and placed out for collection no earlier than thirty minutes before collection time.  Refuse cannot be left on the highway for more than two hours and thirty minutes.

 

29.  No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) is indicated or affixed up on the surface of the highway or up on any building, structure, works, street furniture, tree or any other property or is distributed in the street to the public that advertises or promotes the establishment its premises or any of its events, facilities, goods or services.

 

30.   The maximum capacity at the premises when licensable activities consisting of the sale of supply of alcohol or the provision of late night refreshment are taking place shall be 150 persons (including staff).  Whenever regulated entertainment is also provided or provided independently, then the maximum capacity of the premises shall be 110 (excluding staff). After 2.30am on Mondays to Saturdays and after 22.30 pm 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.

 

31.  Draught beer shall not be sold or supplied within the premises without the approval of the Environmental Health Officer and if necessary an amendment to the layout drawings of the premises.

 

32.  Music and/or dancing and/or food shall be available within the premises.

 

33.   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 sale of alcohol, Mondays to Saturdays and on 22.30pm on Sundays.

 

34.  After 02:00 on the morning following Monday to Saturday the sale of alcohol must be ancillary to the use of the premises for relevant entertainment (as defined in the Local Government (Miscellaneous Provisions) Act 1982).

 

35.  There shall be no off-sales after 02:00 hours.

 

36.  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.

 

37.  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.

 

 

 

 

Supporting documents: