Agenda item - 6 Brewer Street, London, W1F 0SB

6 Brewer Street, London, W1F 0SB

Meeting of Licensing Sub-Committee (6), Thursday 5th December, 2019 10.00 am (Item 1.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

West End Ward / West End

Cumulative Impact Area

6 Brewer Street

London

W1F 0SB

New Premises Licence

19/12383/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 5 December 2019

Membership: Councillor Karen Scarborough (Chairman) and Councillor Aicha Less

Legal Adviser: Horatio Chance

Committee Officer: Sarah Craddock

Policy Officer: Kerry Simpkin

Presenting Officer: Kevin Jackaman

Relevant Representations: Environmental Health Service, Licensing Authority, The Soho Society and nine residents.

Declaration of Interest: Kerry Simpkin advised that he managed and volunteered for the Soho Angels.

Present: Alun Thomas (Solicitor, representing the Applicant), Philip Thompson, Aasim Choudry, Nick Lawson, Adrian Studd (representing the Applicant Company), Karyn Abbott (Licensing Authority), PC Bryon Lewis (Metropolitan Police Service), Ian Watson (Environmental Health Service), Richard Brown (CAB representing Dee Rissik, Conrad Roebber and The Soho Society), Conrad Roeber (local resident) and David Glesson (Soho Society)

6 Brewer Street, London, W1F 0SB (“The Premises”) 19/12383/LIPN
1.	Sale by Retail of Alcohol – On the Premises Monday to Saturday: 10:00 to 03:00 Sunday: 12:00 to 22:30 Seasonal Variations / Non-Standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. These hours to be extended by one hour on the morning that British Summer Time Commences. On Sundays immediately prior to bank holidays: 12:00 to 03:00
	Amendments to application advised at hearing: None.
	Decision (including reasons if different from those set out in report): The Sub-Committee considered an application by Soho Estates Limited (“The Applicant”) for a new Premises licence in respect of 6 Brewer Street, London, W1F 0SB. The Presenting officer introduced the application. He advised that the Licensing Authority and the Environmental Health Service had maintained their representations on policy grounds. He further advised that the Soho Society and nine local residents had also made representations against the application. He confirmed that the Police had withdrawn their representation as conditions had been agreed with the Applicant and that PC Lewis was at the hearing on the request of the Chairman as the Police had withdrawn their representation less than 24 hours before the hearing. The Sub-Committee noted that the Premises are in the West End Ward and the West End Cumulative Impact Area. Mr Thomas, Solicitor, representing the Applicant, advised that the Sub-Committee had before it an application for a new Premises licence for a night club. The Applicant had applied for regulated entertainment and was seeking topermit late night refreshments indoors between the hours of 23:00 to 03:30 Monday to Saturday. It was also proposed for the sale of alcohol (on the Premises) to be permitted between 10:00 to 03:00 Monday to Saturday and 12:00 to 22:30 on Sundays. The Sub-Committee noted that the two existing Premises licences would be surrendered prior to the new licence taking effect. Mr Thomas gave a detailed presentation about the history of the area, the current venues operating in the neighbourhood, the two existing Premises licences for 6 Brewer Street and Madame JoJo’s. He briefly advised of the public outcry when Madame JoJos had been closed after a Licensing Sub-Committee Review Hearing. Mr Thomas then explained how Soho Estates had improved the safety of the area by employing a private security team to patrol the area to disperse criminal gangs. It was stated that this had cost Soho Estates some £40,000. Mr Thomas referred to the plans for the new Premises Licence. He advised that the main difference with the new application, from the two existing Premises licences, was the moving of the main entrance of the Premises from Walker’s Court back to its original position, albeit a few metres, to Brewer Street. He added that the new scheme reduced the ground floor use and access which had been proven (and supported by Westminster City Council’s Statement of Licensing Policy) to reduce public nuisance and had the potential to reduce cumulative impact. The Sub-Committee heard that the Premises’ capacity would remain at 300 persons, that the smoking area would be in Walker’s Court and that Cabaret based entertainment would operate Wednesday to Saturday evenings in the basement of the building. Mr Thomas confirmed that the Premises would not be operated as a night-club. The Sub-Committee noted that the reasons the main entrance was returning to Brewer Street was to alleviate the congestion in Walkers Court’s, to enable robust supervision of the queues by the management and door supervisors and to reduce the potential for people to go into Peter Street before or after going to 6 Brewer Street. Mr Thomas emphasised that it was crucial for the Applicant’s business model that the entrance return to its original position and that the iconic Madame JoJo’s signage be hung and seen in Brewer Street. Mr Adrian Studd, Independent Licensing Consultant, referred to his report attached at pages 23 to 30 of the additional Agenda Pack. He confirmed that during his observations it was clear that using an entrance in Walkers Court would add congestion to this narrow thoroughfare and that moving the entrance to 6 Brewer Street would have the benefits of providing additional supervision to that part of the street as well as leaving the pavement passable. Mr Thomas referred to page 19, paragraph 23 of the additional Agenda Pack and advised that following pre-application advice and a meeting with the Responsible Authorities amendments to the conditions regarding smoking, queuing and the number of SIA licensed door supervisors had been agreed. Mr Thomas confirmed that the Premises would have a minimum of six door supervisors: two located at the entrance of the Premises, two located inside the Premises and two located in the smoking area. PC Lewis confirmed that the door supervisor’s condition had been agreed with the Applicant and that it was the standard condition attached to this type of Premises licence. Mr Thomas referred to the Noise Impact Assessment Report attached at pages 47 to 66 of the additional Agenda Pack and advised that the assessments had determined that the noise level from the club was unlikely to be audible at street level and that the noise from people queuing outside the venue was lower than the existing ambient noise level on the less busy evenings. In response to questions from the Sub-Committee, Mr Thomas advised that it was considered that 25 smokers were a manageable number and explained that they would be accommodated in a designated smoking area in Walkers Court. He further advised that the three residential units above the Premises would be adequately sound-proofed and ownership would be retained by Soho Estates. He outlined that a kitchen was being built to provide substantial food. He advised that the Applicant preferred not to have a last entry condition attached to the licence. He further advised that it would, in his opinion, undermine the licensing objectives more if the entrance of the Premises remained on Walkers Court and that the area was not as highly residential or increasingly becoming more residential as stated in the local resident’s representations against the application. The Sub-Committee heard from Environmental Health who had maintained their representation on the grounds that the hours requested for regulated entertainment, late night refreshment and the sale of alcohol would have the likely effect of causing Public Nuisance within the West End Cumulative Impact Area. Environmental Health advised that they were content with the proposal to move Madame JoJos from the Ground Floor to the Basement and Sub-Basement of the Premises and that the proposed conditions to be attached to the licence should mitigate the resident’s concerns and promote the licensing objectives. Environmental Health emphasised that they had no concerns regarding the operation inside the Premises or noise breakout from the Premises but outlined that any queues outside the Premises would need to be robustly managed to avoid congestion and nuisance. The Sub-Committee heard from the Licensing Authority who had maintained their representation on policy grounds in accordance with the City Councils MD2 and PB2 Policies. In essence Policy PB2 states “the grant of new licences for pubs and bars in the Cumulative Impact Areas should be limited to exceptional circumstances”. The Sub-Committee requested that the Police attend the hearing to explain why they had withdrawn their representation less than 24 hours before the hearing as they considered this was a complex application. Mr Brown, representing the Soho Society and two local residents, stated that representations had been made against the application on the grounds of prevention of Crime and Disorder, prevention of Public Nuisance and cumulative impact in the area. He advised that the residents had two concerns, namely: the hours sought and the location of the entrance. He added that Sandy Brown’s Noise Report did not cover dispersal of people away from the area. He advised that there was no ideal place for the entrance but the proposal to place it in Brewer Street was the less desirable option. He confirmed that it was not the Soho Society’s position for Madame JoJos not to ever reopen. He also emphasised that Walkers Court was wider than Brewer Street. Mr Brown referred to the four reasons outlined by the Applicant as to why the entrance should be moved back to Brewer Street. Mr Brown advised that the evidence did not demonstrate that this was the best place for the entrance, that there were more residents living in the area since 2014 and it was not clear how moving the entrance would not add to congestion on Brewer Street. He further advised that the Soho Society was disappointed that the Police had withdrawn their representation very late in the day especially taking into consideration the Crime and Disorder in the area. Mr Brown emphasised that the grant of new licences for pubs and bars in the Cumulative Impact Areas should be limited to exceptional circumstances and that Applicants/Premises must demonstrate that they would not add to the Cumulative Impact in the area. Lastly, he suggested that there should be an Integrated Management Plan introduced in the area. Mr Roebber, local resident, referred to the plans for Brewer Street and advised that the proposed entrance was directly opposite his building. He stated that Madam JoJos had been a venue used for both cabaret acts and a nightclub. He advised that the original plan moved the entrance for Madame JoJos from Brewer Street to Walkers Court in order to remove nuisance from Brewer Street and consolidate queuing which he had supported. He emphasised that Brewer Street was too narrow for queuing and attracted pimps and criminal behaviour. Mr Glesson, representing the Soho Society, advised that this was a large new late-night entertainment venue, with a capacity of 300 in this small part of Soho which was already saturated with late night licences with high capacities. He advised that residents were already suffering from late night noise and disturbance and an additional 300 customers dispersed onto the streets would add to the cumulative impact in the West End CIA. He emphasised that the Soho Society objected to the proposed entrance at 6 Brewer Street. The entrances and exits to Escape and Madame JoJo’s were on Brewer Street which resulted in noise nuisance and disturbance to residents living nearby and was caused by people queuing outside and leaving these Premises. He added that the pavement was very narrow and not able to accommodate large numbers of people. In response to the Responsible Authorities and Mr Brown’s representations, Mr Thomas emphasised that: the Premises’ lobby could hold around 75 persons, it was intended that people arriving at the venue would have pre-booked and any queues outside the Premises would be robustly managed by Madam JoJos. He explained the Premises’ dispersal policy after the venue closed and advised again why the best place for the entrance to this Premises was in Brewer Street. He requested that if the Sub-Committee were going to place a last entry condition onto the licence that it be fromr 02:00 hours. He stated that if this application was not approved it was unlikely that the iconic Madam JoJos would be brought back to Soho. Mr Brown emphasised that residents were particularly concerned about the relocation of the main entrance from Walker’s Court back to Brewer Street where the pavements were very narrow making queuing difficult to manage and congestion in the area inevitable. Mr Glesson advised that the neighbourhood was becoming increasingly residential, that the area was already saturated with late night premises and that they did not wish to see these premises turning into an ordinary nightclub. After carefully taking into consideration all the evidence before it and the various undertakings given by the applicant, the views of the relevant authorities and local residents, the Sub-Committee, on balance, considered that this application should be granted with amendments to the proposed conditions and additional conditions being added to the licence. The additional conditions included: providing a direct telephone number for residents, supervision of the smoking area, no entry or re-entry, save for smokers, after 02:00 hours and that the Premises shall operate as a cabaret-based entertainment venue. The Sub-Committee further considered that this application was an exception to policy due to the surrendering of the two existing premises licences, and that the conditions would mitigate resident’s concerns as well as promote the licencing objectives. The Sub-Committee suggested that an Integrated Management Plan be implemented in view of the number of clubs in the area to allow Premises to work together to disperse people safely away from the West End area. The Sub-Committee therefore granted the application accordingly with the agreed conditions. The Sub-Committee considered that the conditions it had imposed on the Premises Licence to be appropriate and proportionate and would have the overall effect of promoting the licensing objectives.
2.	Late Night Refreshment – Indoors Monday to Saturday: 23:00 to 03:30 Seasonal Variations / Non-Standard Timings: These hours to be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day. These hours to be extended by one hour on the morning that British Summer Time Commences Sunday before Bank Holidays: 23:00 to 03:30
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).
3.	Plays: Indoors Monday to Saturday: 09:00 to 00:00 Sunday: 14:00 to 22:30 Seasonal Variations / Non-Standard Timings: These hours to be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day. These hours to be extended by one hour on the morning that British Summer Time Commences
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).
4.	Films: Indoors Monday to Saturday: 09:00 to 00:00 Sunday: 09:00 to 22:30 Seasonal Variations / Non-Standard Timings: These hours to be extended from the end of permitted hours on New Year’ Day. These hours to be extended by one hour on the morning that British Summer Time Commences.
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).
5.	Live music, performance of dance and anything of a similar description: Indoors Monday to Saturday: 09:00 to 03:00 Sunday: 12:00 to 22:30 Seasonal Variations / Non-Standard Timings: These hours to be extended from the end of permitted hours on New Year’ Eve until the start to permitted hours on New Year’s Day. These hours to be extended by one hour on the morning that British Summer Time Commences.
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).
6.	Recorded Music: Indoors Monday to Saturday: 00:00 to 00:00 Sunday: 00:00 to 22:30 Seasonal Variations / Non-Standard Timings: These hours to be extended from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).
7.	Hours Premises are Open to the Public Monday to Saturday: 09:00 to 03:30 Sunday: 12:00 – 01:00 Seasonal Variations / Non-Standard Timings: These hours to be extended from the end of permitted hours on New Year’ Eve until the start to permitted hours on New Year’s Day. These hours to be extended by one hour on the morning that British Summer Time Commences. On Sundays immediately prior to bank holidays: 12:00 to 03:00
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).
	Adult Entertainment: Some performances may contain nudity, including burlesque-style.
	Amendments to application advised at hearing: None
	Decision (including reasons if different from those set out in report): The Sub-Committee granted the application (see reasons for decision in Section 1).

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;

(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. All person guarding premises against unauthorised access or occupation or against outbreaks of disorders or against damage (door supervisors) must be licensed by the Security Industry Authority

10. Admission of Children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licencing authority as appropriate.

Conditions imposed by the Licensing Authority after a hearing:-

11. 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.

12. 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.

13. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiters shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall only be by altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge or an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

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

15. All windows and external doors shall be kept closed at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

17. All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility identification.

18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

19. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 07:00 hours on the following day.

20. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.

21. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.

22. There shall be no striptease or nudity and all person shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

23. A Challenge 21 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.

24. 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

(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.

25. 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.

26. A door supervisor shall remain 30 minutes after the cessation of licensable activities to actively disperse customers away from Brewer Street exit, the Premises and within its vicinity.

27. No person on behalf of the premises or on behalf of a person carrying or attempting to carry on licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is alsoprohibited.

For the purpose of this condition,

'Directly' means employ, have control of or instruct

'Indirectly' means allowing/permitting the service of or through a third party

28. 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 beengiven.

· dry ice and cryogenicfog

· smoke machines and foggenerators

· pyrotechnics includingfireworks

· firearms

· lasers

· explosives and highly flammablesubstances

· real flame

· strobe lighting

29. No person shall give at the premises any exhibition, demonstration or performance of hypnotism,mesmerism orany similaract orprocess whichproduces oris intendedto produce inany otherperson anyform ofinduced sleepor trancein whichsusceptibility ofthe mindof that person to suggestion or direction is increased or intended to beincreased.

NOTE: This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

30. The approved arrangements at the premises, including means of escape provisions, emergencywarning equipment,the electricalinstallation andmechanical equipment,shall at all material times be maintained in good condition and full workingorder.

31. Themeans ofescape providedfor thepremises shallbe maintainedunobstructed, freeof trip hazards, be immediately available and clearly identified in accordance with the plans provided.

32. Allemergency exitdoors shallbe availableat allmaterial timeswithout theuse ofa key,code, card or similar means.

33. Allemergency doorsshall bemaintained effectivelyself closingand notheld openother than by an approveddevice.

34. The edges of the treads of steps and stairways shall be maintained so as to beconspicuous.

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

36. 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. Anyfabrics usedin escaperoutes (otherthan foyers),entertainment areasor functionrooms, shall be non-combustible.

37. All materials used in finishing and furnishing the premises should, as far as it is reasonably practicable,be selectedso asto bedifficult toignite andprovide alow surfacespread offlame and low rates of heat release and smokeemission.

38. The licence will have no effect until the capacity of the premises has been assessed by the EnvironmentalHealth ConsultationTeam anda conditiondetailing theagreed capacityfor the ground floor and basement has replaced this condition on the Licence, subject to the overall capacity not exceeding 300 persons at any one time.

39. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

40. The sale or supply of alcohol must end at midnight on any day on which music and dancing is not provided after midnight.

41. On any day that music and dancing end between midnight and 03.00, the sale or supply of alcohol shall end when the music and dancing end.

42. In relation to the morning on which summer time begins, the terminal hour for the sale or supply of alcohol on weekdays (Monday to Saturday) shall extend until 04.00.

43. The sale or supply of alcohol on New Year's Eve will extend to the time when the sale or supply of alcohol can commence on New Year's Day.

44. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

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

46. A diary log shall be maintained to ensure that the capacity limit set for the premises is recorded hourly from when the premises open to closing time. This log must show the number of persons having entered the premises and left the premises within the hour and the running total. Both the head door supervisor and manager shall sign the records hourly to verify the running totals. Information regarding the capacity shall be given to an authorised officer or Police Officer on request.

47. No drinks shall be consumed outside the premises nor glasses/bottles removed from the premises by patrons when leaving.

48. The provision of films shall be incidental to other licensable activities and there shall be no cinema style showing of films.

49. The entrance door and inner lobby door shall be kept closed at all times when regulated entertainment is provided except for the immediate access and egress of patrons.

50. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

51. An attendant shall be stationed in the cloakroom during the whole time it is in use.

52. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).

53. The emergency exit doors on Walkers Court shall be maintained closed at all times except for the immediate access and egress for exit and re-entry of customers to smoke. All other fire exit doors shall remain closed and shall not be used for general access or egress at any time except in cases of emergency.

54. The certificates listed below shall be submitted to the Licensing Authority upon written request:

a) Any permanent or temporary emergency lighting battery orsystem

b) Any permanent or temporary electricalinstallation

c) Any permanent or temporary emergency warningsystem

55. Thelicence holdershall ensurethat anyqueue toenter thepremises whichforms outsidethe premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the publichighway.

56. During the hours of operation of the premises, the licence holder shallensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customersin thearea immediatelyoutside thepremises, andthat thisarea shallbe sweptand or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close ofbusiness.

57. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the areaquietly.

58. After23.00 hourspatrons permittedto temporarilyleave andthen re-enterthe premises,e.g. to smoke, shall be limited to 25 persons at any onetime.

59. The Licence will have no effect until the Licensing Authority are satisfied that the premises is constructedor alteredin accordancewith theappropriate provisionsof theDistrict Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition will be removed from the Licence.

60. Before the premises open to the public, 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 constructionnew plansshall beprovided tothe EnvironmentalHealth ConsultationTeam and the LicensingAuthority.

61. A minimum of 2 SIA licensed door supervisors shall be on duty at the premises for the first 100 customers, and an additional 1 for every additional 50 customers or part thereof while the premises remains open for business.

62. No licensable activities shall take place at the premises until premises licences 14/09057/LIDPSR and 14/09062/LIDPSR (or such other number subsequently issued for the premises) have beensurrendered.

63. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by a minimum of 2 SIA Licensed Door Supervisors. (proposed by applicant with committee change re SIA)

64. 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.

65. There shall be no entry or re-entry, save for smokers using the smokers area in Walkers Court after 02:00.

66. The premises shall operate as a cabaret – burlesque based entertainment venue with substantial food and live music. The premises shall not be used primarily as a nightclub.

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