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Agenda item

Cuckoo Club, Basement and Ground Floor, Victory House, 99 - 101 Regent Street, London, W1B 4EZ

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

6.

 West End Ward /

West End Cumulative Impact Area

Cuckoo Club, Basement and Ground Floor, Victory House, 99 - 101 Regent Street, London, W1B 4EZ

Variation of Premises Licence

19/15018/LIPV

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 13th February 2020

 

Membership:              Councillor Tim Mitchell (Chairman),

                                    Councillor Jim Glen and Councillor Aicha Less

 

Legal Adviser:                   Barry Panto

Committee Officer:            Kisi Smith-Charlemagne

Policy Officer:                    Kerry Simpkin

Presenting Officers:          Michelle Steward      

 

Representations:               Environmental Health Services and 2 Local residents 

                                          

Present: Ms Sarah Le Fevre (Counsel on behalf of Unicorn Capital Limited), Lana Tricker (Solicitor on behalf of Unicorn Capital Limited), Christopher Tavoularis (DPS for the Applicant Company), andMs Karyn Abbott (Licensing Authority Officer).

 

Cuckoo Club, Basement and Ground Floor Victory House, 99-101 Regent Street, London, W1B 4EZ (“The Premises”) 19/15018/LIPV

 

1.

Premises Licence Variation 

 

The changes sought by way of this application are as follows:

 

a) reduce the terminal hour for all activities, except the sale of alcohol, on Mondays from 03:15 to 23:30 (excluding the playing of recorded music which has always been permitted until 03:15 Mon)

b) reduce the terminal hour for the sale of alcohol on Mondays from 03:00 to 23:30

c) to include the following activities and bring the licence back in line with what was previously permitted:

 

Tuesdays:

Regulated Entertainment: 09:00 to 23:30 (except recorded music which was permitted until 03:15)

Late Night Refreshment: 23:00 to 23:30

Sale of Alcohol: 10:00 to 03:15

 

Sundays:

Regulated Entertainment: 09:00 to 22:30

Sale of Alcohol: 12:00 to 22:30

 

d) to delete the condition in relation to the use of the premises on Thursdays and off sales:

  • From 8pm, licensable activities on a Thursday are only to be provided for private pre booked corporate events, where a guest list will be held for the night and for 31 days after the event. The guest list must be made available on request to the Police or authorised officer of the City Council.

 

  • There shall be no sales of alcohol for consumption off the premises at any time

 

e) the updated model conditions granted on the 19/08094/LIPV will remain in place.

 

Summary of the Hours now sought by this application:

 

Sale of Alcohol (including off-sales)

 

Monday to Tuesday – 10.00 to 23.30

Wednesday to Saturday – 10.00 to 03,00 on the following day

Sunday – 12.00 to 22.30

 

 

Late Night Refreshment

 

Monday to Tuesday – 23.00 to 23.30

Wednesday to Saturday – 23.00 to 03,30 on the following day

 

 

Exhibition of Films, Performance of Dance, Performance of Live Music and anything similar

 

Monday to Tuesday – 09.00 to 23.30

Wednesday – 09.00 to 03.15 on the following day

Thursday to Saturday – 09.00 to 03,30 on the following day

Sunday – 09.00 to 22.30

 

 

Recorded Music

 

Monday to Wednesday – 09.00 to 03.15 on the following day

Thursday to Saturday – 09.00 to 03,00 on the following day

Sunday – 09.00 to 22.30

 

 

Non-standard Timings for all activities

 

From the end of the permitted hours on New Year's Eve to the start of the permitted hours on New Year's Day.

 

On commencement of British Summer Time one hour should be added to the finish time on the left.

 

 

 

 

Amendments to application advised at hearing:

 

None.

 

Decision

 

The Sub-Committee heard the Applicant’s Case

 

Ms Steward introduced the Application advising the Committee members that the purpose of the application was to effectively reverse the decision of the Licensing Sub-Committee made on 5th September 2019 and to  revert back to the licence that was in force prior to that decision being taken. It was noted that a copy of the decision taken on 5th September 2019 was included in the report at page 200.

 

It was advised that representations had been received from the Licensing Authority and Environmental Health, however the Environmental Health Service  had withdrawn their representation on 19 December 2019 following a discussion with the Applicant.  Ms Steward informed the Sub-Committee that the premises was located in the West End Ward and in the West End Cumulative Impact Area (CIA).

 

Ms Sarah Le Fevre addressed the Sub-Committee on behalf.  Ms Le Fevre drew the Sub-Committee’s attention to the report to clarify the variation description on pages 190-192.  She advised that at first, sub paragraph A should read excluding the playing of recorded music. She also advised that on page 191, hours reflected on page 190 are in the table for regulatory entertainment and that the information is right on everything except recorded music. Put simply, the applicant wanted to be able to provide recorded music on both Monday and Tuesday evenings until 03.15 on the following day as that is what was permitted before the previous variation application was made.   

 

Ms Le Fevre made a second point for clarification: page 190, hours for the sale of alcohol on a Tuesday had been shown as 10:00-03:15, whereas they should be 10:00-23:00. These details were correct in the table on page 192 of the report.

 

MS Le Fevre advised the Sub-Committee that the this was an application to reinstate the previous conditions and her client wanted to restore previous hours for the sale of alcohol on Sundays, Mondays and Tuesdays.  She advised that her client wanted an increase in the number of hours on Sundays and Tuesdays and a decrease on Mondays.  Ms Le Fevre also advised the Sub-Committee that her client would like the guest list restrictions to be removed on Thursdays and restore previous opening hours for premises on Sundays and Tuesdays.  Ms Le Fevre informed the Sub-Committee that her client did not feel that the current hours fit with the club's customer base and the club found it difficult to manage in terms of predictability. Ms Le Fevre also advised the Sub-Committee that the club found it difficult to manage in terms of flexibility e.g. if they wanted to hold a public event on a Thursday, they would not be able to do so.

 

With regards to Off sales, Ms Le Fevre advised that her client had applied for the licence to revert back fully and this would mean that the restrictions on off sales would be removed.  She advised the Sub-Committee that the reason why her client wanted it removed would be the same reason for the entire application; flexibility. Ms Le Fevre felt that her client would be content for model condition 17 to be inserted on the licence so as to require all off-sale of alcohol to be in sealed containers.  Ms Le Fevre noted that Environmental Health Services submitted a representation and advised the Sub-Committee that the representation was withdrawn.  Ms Le Fevre stated that the previous application had proven to operate without issue or impact for years and that there was no history of complaints nor suggestions that the premises negatively impacted on the cumulative impact issue. Ms Le Fevre felt that there was no hard evidence to show that reverting back may impact negatively on the cumulative area.

 

The Sub-Committee heard from Licensing Authority:

 

Ms Abbott addressed the Sub-Committee, acknowledging the error on page 191 and confirmed that the Licensing Authority had maintained their objections because of concerns in relation how the premises would promote the four Licensing Objectives; Public Nuisance, Prevention of Crime & Disorder, Public Safety and Protection of children from harm.

 

Ms Abbott advised that the application and operating schedule fell within Westminster’s MD2 and PB2 Policy and it was the Licensing Authority’s policy to refuse applications in the Cumulative Impact Areas other than applications to vary hours within Core Hours under Policy HRS1. She further advised the Sub-Committee that in paragraph 2.5.23 and 2.5.48 the Licensing Authority considers that the grant of variations for pubs and bars plus premises offering facilities for music and dancing in the Cumulative Impact Areas should be limited to exceptional circumstances.

 

Ms Abbott concluded that the cumulative impact areas should be limited, and it would be up to the members to be satisfied that there would be no cumulative impact.  She added the applicant must, in any event, demonstrate that the application would not add negatively to cumulative impact.

 

The Sub-Committee Comments:

 

The Sub-Committee raised a query regarding recorded music until 03:15 on Monday’s and Tuesday’s, however there was no late-night refreshments, no sale of alcohol so what would the Applicant class as entertainment.  The Sub-Committee also sought further clarification regarding the membership of the club, and details as to how the guests waiting and holding area operated.  Mr Tabulis advised that at this time the DJ would be playing music.  Ms Le Fevre added that non-alcoholic drinks can be served during those times.  Mr Tavoularis explained that guests wait inside by the cloak room and reception area.  Finally, the Sub-Committee queried why the applicant was applying for off sales.  Mr Tavoularis advised that again this was for flexibility as they sometimes had request from their guests.

 

Chair Summing Up

 

The Sub-Committee thanked everyone for their submissions and commented that it was unusual for an application such as this not to add to cumulative impact.  However, the Sub-Committee had considered all the submissions made in response to this unique application. It was obviously a concern that this application might add to cumulative impact on the basis that it was seeking to reverse a previous decision which had itself concluded that the previous application did not add to cumulative impact. Nevertheless, the Licensing Sub-Committee was prepared to give the applicant the benefit of the doubt on the basis that both applications were considered to be relatively neutral in terms of their respective impacts.  The Sub-Committee granted the variation as applied for; with the removal of conditions 44 and 45 and the addition of model condition 17.

 

2.

Hours Premises Open to the Public:

 

Monday to Saturday 09:00 to 03:30

 

Sunday: 09:00 to 00:00

 

Seasonal variations/ Non-standard timings:

 

From the end of the permitted hours on New Year's Eve to the start of the permitted hours on New Year's Day.

 

On commencement of British Summer Time one hour should be added to the finish time on the left.

 

 

 

Amendments to application advised at hearing

 

None.

 

 

 

Decision

 

Granted, subject to conditions as set out below (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;

 

(c)        "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                       

(i)         the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

 

(d)        "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e)        "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

8(iii).    Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv).     (1)      Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)        The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

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

 

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

 

 

Conditions consistent with the operating schedule

 

11.       a) All drinking containers used within the premises shall be polycarbonate. All glass bottles to be decanted into polycarbonate glassware or polycarbonate glassware carafes, with the exception of champagne and bottles of spirits of a minimum size of 70cl, supplied by waiter/waitress service to tables. Staff will clear all empty champagne and spirit bottles from the tables promptly. For the avoidance of any doubt, this condition does not apply to the restaurant area of the premises on the ground floor before 10pm.

 

b) Notwithstanding a) above, with the written agreement of the Westminster Licensing Police, a copy of which will be held at the premises reception, glass drinking vessels may be used for private or pre-booked events within the premises.

 

12.       An attendant shall be on duty in the cloakroom during the whole time that it is in use.

 

13.       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 preceding 31 day period.

 

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.

 

14.       No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.

 

15.       The duty manager will take immediate and effective steps if either floor is found to be in excess of its permitted capacity.

 

16.       A daily register shall be kept of all members of staff and security personnel on duty. The register will clearly indicate the two additional staff employed for enforcing the smoking ban and supervising the queues and others outside.

 

17.       On Sundays to Thursdays the number of persons accommodated (excluding staff) at any one time shall not exceed:

            Basement: 175

            Ground Floor: 110

           

On Fridays and Saturdays the number of persons accommodated (excluding staff) at any one time shall not exceed:

            Basement: 198

Ground Floor: 213

(this number to be reduced to 150 if tables and chairs are placed in the area hatched black on the plan ref BS.03002.00125 dated 10/11/09).

 

18.       On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

19.       After 22.30 hours the sale of alcohol must be ancillary to the use of the premises for music and/or dancing and/or substantial refreshment.

 

20.       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.

 

21.       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.

 

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

 

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

 

24.       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 when 10 days prior notice is given to the Licensing Authority and written consent is provided from the EH Consultation Team (where consent has not previously been given):

o          dry ice and cryogenic fog.

o          smoke machines and fog generators.

o          pyrotechnics including fire works.

o          firearms.

o          lasers.

o          explosives and highly flammable substances.

o          real flame.

o          strobe lighting.

 

25.       The emergency exit doors shall be maintained closed at all times. These exit doors shall not be used for general access or egress at any time except in cases of emergency.

 

26.       Curtains and hangings shall be arranged so as not to obstruct any emergency sign or exits.

 

27.       All fabrics, curtains, drapes and similar features shall be either non-combustible or be durably or inherently flame-retarded fabric.

 

28.       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).

 

29.       No loudspeakers shall be located in or near the entrance lobby.

 

30.       The entrance door and inner lobby door shall be kept closed at all times except for the immediate access and egress of patrons.

 

31.       No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

32.       Notices shall be prominently displayed at the exit requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

 

33.       The highway and public spaces in the vicinity of the premises are kept free of litter from the premises at all material times to the satisfaction of the council.

 

34.       On New Year's Eve the premises can remain open for the purpose of providing licensable activities from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day).

 

35.       One member of staff will be stationed at the side door at all times to manage those temporarily leaving the premises. He/she will use a stamp system and will ensure only those stamped will be allowed to re-enter the club.

 

36.       A member of the management team will be employed inside the premises to enforce the smoking ban.

 

37.       There shall be no entry or re-entry to the premises (except for smokers and staff) after 2am except that management may permit after 2am a maximum of 15 persons who have pre-booked entry and provided their details in advance (but still ensuring the premises capacity is not exceeded). Details of these persons to be retained for seven days and to be kept for police inspection.

 

38.       A personal licence holder will be on duty at all times alcohol is sold or supplied.

 

39.       All SIA registered door supervisors solely engaged outside the entrance to the premises who are supervising or controlling queues, shall wear high visibility jackets or vests after Midnight.

 

40.       There shall be a random search policy in place for persons entering or re-entering the premises and all searches shall be conducted by an SIA registered Door Supervisor.

 

41.       After 10pm or whenever, regulated entertainment takes place a minimum of two SIA registered door supervisors will be employed until 30 minutes past closing time, and further door supervisors shall be employed at the rate of one door supervisor for every one hundred customers thereafter. On Fridays and Saturdays there shall be a minimum of at least one male and one female door supervisor on duty.

 

42.       An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

            (a) all crimes reported to the venue

            (b) all ejections of patrons

            (c) any complaints received concerning crime and disorder

            (d) any incidents of disorder

            (e) all seizures of drugs or offensive weapons

            (f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

 

43.       Three separate counts (exclusive of staff) shall be conducted every 30 minutes of the following:

            (a)        i) the number of persons on the ground floor

                        ii) the number of persons in the basement

                        iii) the total number of persons on the premises

 

Each count shall be recorded into a log book and signed as verified by the Head Door Supervisor and the Duty Manager. The log book shall be readily available for inspection by an authorised council officer or the Police.

b) The counts shall be inclusive of those who have temporarily left the     premises.

 

44.       All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

 

 

 

 

Supporting documents: