Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West  End   * None   ** None	George 87-88 Mount Street W1K 2SR	Premises Licence Variation	21/11827/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 2 (“The Committee”)

 

Thursday 24 February 2022

 

Membership:           Councillor Tim Mitchell (Chairman) Councillor Barbara Arzymanow and Councillor Maggie Carman

 

Officer Support        Legal Advisor:           Horatio Chance

                                Policy Officer:             Aaron Hardy

                                Committee Officer:           Sarah Craddock

                                Presenting Officer:           Karyn Abbott

 

Application for a Variation of Premises Licence in respect ofGeorge

87 - 88 Mount Street London W1K 2SR 21/11827/LIPV

 

Full Decision

 

Premises

 

George

87 - 88 Mount Street

LONDON

W1K 2SR

 

Applicant

 

George (Mount Street) Limited

 

Activities and Hours

 

As per the Premises Licence

 

Summary of Application

 

The Licensing Sub-Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operates as a private members club with restaurant and bar and is located within the West End Cumulative Impact Zone and West End Ward. There is a resident count of 148.

 

The Premises has had the benefit of a premises licence since at least September 2005. The current premises licence (15/09813/LIPDPS) can be seen at Appendix 3of the Committee Report. The Applicant has provided submissions in the form of menus and a drinks list, an acoustic report and correspondence with interested parties requesting meetings. This can be found at Appendix 2 of the Report. The Applicant also applied for pre application advice prior to submitting this application and that particular report can also be found in Appendix 2. 

 

This variation application seeks to permit the following:

 

•           To vary the layout of the premises in accordance with licensing layout drawings, 4322/498/502/F (Ground Floor) and 4322/498/501/D (Basement).

 

•           To remove outdated conditions on the premises licence and replace these with a new set of updated conditions in line with Westminster’s model conditions.

 

The applicant has purchased the premises next door to the George. This is 89 Mount Street. Due to this the size of the Premises has increased by less than 50% to compromise of the following works:-

 

·       The kitchen has been relocated to the basement. Part of the kitchen was previously on the ground floor.

·       Addition of a bar servery on the ground floor with fixed seating.

·       Removal and reconfiguration of fixed furniture on the ground floor.

·       Addition of a disabled WC on the ground floor.

·       2 additional female WC in the basement.

·       1 additional male WC and 2 urinals in the basement.

·       Relocation of the WC’s in the basement.

·       Additional back of house facilities in the basement.

·       Removal and reconfiguration of fixed furniture in the basement.

 

All licensable activities and hours will remain the same.

 

Representations Received

 

·       Environmental Health Service – Ian Watson

·       Mr Jonathan Glanz (Local Ward Councillor).

·       6 Local Resident Objectors.

 

Summary of Representations

 

·       The variation of the layout will likely impact on Public Safety. The change of conditions hours will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the area.

·       Any extension of opening hours would cause further disturbance to the mainly residential neighbourhood of George Club. Even if the terrace and windows are closed, guests come to smoke outside, because there is no place to smoke inside the premise, drivers wait with running motors and guests wait for their cars outside (whether or not permitted by the licence). A night club with late hours is not suitable at the location.

·       I am a resident of north Mayfair and as such I am affected by noise from vehicles servicing and delivering to premises, as they drive through the streets. The numbers of delivery & servicing vehicles disturbing residents in Mayfair during late evenings and night-time are again increasing. Residents living near the premises will be disturbed by any late evening and night-times deliveries or servicing noise, such as the usual banging, crashing of boxes and doors, and associated noise such as the bottles cascades and noise of waste/recycling being put outside. Conditions should be included that ensure that residents are not disturbed by deliveries and servicing vehicles between 9pm and 8am, excepting WCC waste and recycling collections, and essential early morning perishable food deliveries, and are not disturbed by movement of goods or waste/recycling outside the premises between those hours

·       This proposal should be rejected! Expanding the size and capacity of the club is a disaster! Mount Street is on the verge of collapse! The licensing team really needs to reject this application as we have seen some awful examples of tawdry commercialism taking over adjacent streets (Berkeley St comes to mind as one particular egregious case). In addition, there will be two large scale hospitality venues opening up soon in Mount St (in the Audley pub and of the Porche Showroom). These two new venues, coupled with expanding the size of George Club, will destroy the residential nature of Mount Street. I plan to speak in the hearing as one of the residents of Mount Street. In addition, I plan to speak on behalf of many other residents who gave me permission to do so. We heard George Club is planning to have a nightclub in the future. So we need protection and guarantees that this club will never become a nightclub in the future. We need assurances that there won't be any future licensing applications requesting music and dancing! Let me highlight that Mount Street needs serious protection from the council to protect its residential character. As residents, rather than living in peace and enjoying our neighbourhood, we have to continue fighting the greed exhibited by outside parties that are only out to maximize their profits. Residents are paying the cost of their grabbing hands. Enough is enough!

·       My reading of the position is that quite a significant increase in capacity is proposed. There have been objections from local residents on grounds of potential for increased nuisance. Mayfair Residents Group would like to support those objections.

·       As a resident of Mount Street I am concerned that the street is reaching saturation point as regards licensed premises. Whilst the smaller George is a well-run club a much larger premises poses an obvious threat to the residential nature of this historic street which is characterised by four floors of flats with small boutiques beneath. There are residents immediately above George and opposite on all sides. As I know from experience these 19th century building are extremely difficult to soundproof and vibrations as sound travel to neighbouring premises. I see that music is planned and at private events as little regulation is proposed. The question arises why is this select club being expanded and will future applications request longer hours and nightclub designation? Club membership is easy to obtain and only 48 hours is required between application and acceptance. Surely that is not

enough time to do due diligence as to the suitability of potential members. I feel the membership requirements should be tightened up and the area of the premises given over to music severely restricted with no facility for dancing. Hours should not be extended in the future and off sales prohibited . George is a select dining club and it should remain that way in a residential street. Please confirm this objection will be registered. I may wish to speak at any future  hearing.

 

 

 

 

Policy Considerations

 

HRS1

 

·       Applications within the core hours set out below in this policy will

generally, be granted for the relevant premises uses, subject to not

being contrary to other policies in the Statement of Licensing Policy.

Applications for hours outside the core hours set out in Clause

C will be considered on their merits, subject to other relevant

policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of

children from harm.

 

COMB1

 

·       Applications inside the West End Cumulative Impact Zones

for premises that propose to operate as a ‘combined use premises’

will be considered on their merits and subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1.The hours for licensable activities for the relevant premises use being within the council’s Core Hours Policy HRS1. The operation of any delivery services for alcohol and/or late-night refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1. The applicant demonstrating that they will not add to cumulative impact within the Cumulative Impact Zone. When considering what weight is to be given to the relevant uses and policies the Licensing Authority will take into account:

1. Whether it will undermine the licensing objectives.

2. The current and proposed use of the premises.

3. When those uses will take place.

4. What the primary use of the premises is or the uses that will take place in different parts of that premises.

5. Whether there would normally be a presumption to refuse an application for that use if it was operating as that premises type and not a combined use premises.

 

SUBMISSIONS AND REASONS

 

The Presenting Officer Ms Abbott outlined the nature of the application to the Sub-Committee. She advised this was an application to vary a premises licence for 87 - 88 Mount Street, London W1K 2SR. This application has been brought by George (Mount Street) Limited (represented by Kerry McGowan of Poppleston Allen and Counsel Stephen Walsh QC of 3 Raymond Buildings. The Applicant seeks to vary the layout of the Premises in accordance with the submitted plans, remove and update conditions on the Premises Licence to bring them in line with Westminster’s Model Conditions. Full details can be found at page 40 of the Committee report. Representations have been received by the Environmental Health Service (Mr Watson), 7 representations by interested parties (Mike Dunn of the Mayfair Resident Group, T Ahmed represented by Richard Brown of Westminster Citizens Advice Bureau. The Premises are situated within the West End Ward and do not fall within the Westminster Cumulative Impact Zone.

 

Mr Walsh appearing on behalf of the Applicant addressed the Sub-Committee. He advised the Premises operates as a Private Members Club and was founded more than 20 years ago without any complaint. The application seeks a long overdue refurbishment and upgrade of the club’s premises and facilities. The application does not seek to change the longstanding nature, style and operation of the club which will remain first and foremost as a contemporary private members club with restaurant and bar. The application seeks only to authorise the change in layout at ground and basement levels and upgrade of some conditions and remove outdated conditions. He said the Applicant is not seeking to extend the hours or any additional licensable activity nor is there an increase in trading capacity. Mr Walsh confirmed the following matters:-

 

The refurbishment

 

• There will be kitchen and back house facilities to provide more room for staff.
• There are to be additional toilets in the basement
• The kitchen area is a key part. This will be moved entirely in the basement of 89 Mount Street.
• In respect of the licensed area there will be an additional bar serving with fixed seating, relocation of seating on ground floor and similar amendments in the basement
• There will be a new entrance created which will have a lobby.

 

Benefits

 

• There will be Improved circulation of space.
• Narrow connecting stairs are to be replaced with sweeping stairwell that will take up a lot of the licensed area.
• New exit created to the rear of the Premises to improve overall safety of the Premises
• The current licence restricts capacity to 150. There will be a capacity of 100 on the ground floor and 50 in the basement. Whilst the reconfiguration has the effect of increasing the capacity the Applicant is happy to leave the capacity as it is. 

 

Mr Walsh added that the Applicant has made it clear the proposals reflect the current operation. There has been no other representation from other responsible authorities. The residents’ who made a representation were contacted and we asked to meet them. A further remote meeting was arranged last week which was attended by Mr Dunn. The Applicant says the concerns that have been expressed have been met. The Applicant undertook an acoustic report (page 67 of the Report) and the conclusion was that the variation proposed will not have any negative impacts on amenity and the environment. Therefore, taking all of these issues into account the public nuisance licensing objective is not undermined.

 

Mr Walsh advised that the mechanical equipment is not increasing in size and will remain in the same location as it has done for the last 20 years.

 

At this point the Sub-Committee asked questions of the Applicant and sought clarification of certain issues. The Applicant confirmed that the Premises is not a smoking establishment used by staff or its Members. Members are located to sit down and smoke on the outside terrace. Staff cannot smoke during service hours and on their breaks, they will be directed away from the Premises in the nearby Garden. Smoking is not permitted outside the Premises.

 

Confirmation was then sought as to the procedure for obtaining a club membership. 

Mr Jones of the Applicant addressed the Sub-Committee and confirmed that any new prospective member must complete a written application form which is then considered by a Committee which meets on a quarterly basis annually. However, this can be done more frequently if need be. The Committee will consider each application on an individual basis and if the application is approved a subscription fee is paid and you become a member immediately.

 

The Chairman asked whether thephysical changes focused on the kitchen and backhouse arrangements will have limited impact on the surrounding streets. Mr Walsh stated that when a variation application is made, there is understandable concerns by residents. The application merely seeks to improve the club for members and staff and nothing else. There is a small area of licensed area that is increasing however it is not anticipated we have greater usage of the Premises as the capacity will remain unchanged. 

 

Mr Watson appearing on behalf of the Environmental Health Service addressed the Sub-Committee. He confirmed that he and the District Surveyor got involved in this Premises back in 2021 when they were invited to discuss the alterations.

 

Mr Watson summarised the following matters:-

 

• If we look at the old layout of the ground floor – the arrangement had a single entrance at the bottom left, you were then met with reception and there was a bar area. The staircase then led to the basement area. If you wanted to dine in the restaurant, you had to walk past the kitchen area.
• The Sub-Committee attention is drawn to the new plan on pages 53/54) – this entails a new accommodation staircase. On the ground floor there will be a  new disabled toilet, escape corridor created and new service lift.
• We met with the development manager to discuss the public safety arrangements; we also have a works condition to be signed off once the works have finished.
• The condition reflects the old magistrates’ conditions. As part of our pre-application advice, we have proposed new conditions to update the licence. We also proposed a capacity works condition. The capacity condition proposed by the Fire officer during the then hearing when the licence was initially issued has no effect in statute, and the EHS cannot enforce it but the Applicant is willing to accept the maximum capacity will be 150 and the works condition can be modified accordingly. 
• There have been no complaints about the operation of the Premises and no complaints either from Council’s City Inspectors.

The Applicant was asked by the Sub-Committee what the footfall was like atany one time and, what specific days are likely to attract maximum capacity.

 

In reply Mr George Jones Director of the Applicant stated that the way the restaurant is run, you take bookings over a pro-longed period of time so you will never get 150 people entering the building at one time. Over a lunch service, you take bookings from 12-2pm and spread them apart to ensure a comfortable dining experience. On the busiest days we have committed to retaining the current capacity and we have had 150 people in there at any one time without any issue.

 

Mr Brown appearing on behalf of local residents addressed the Sub-Committee. He stated that regarding the proposed change of layout – Mount Street is described as a “shopping Street with Gardens”. The resident’s concerns are that Mount Street is taking on a more “entertainment street” rather than shopping. Mr Brown stated that the residents are not opposing the refurbishment but instead to stop the licensing permitting a louder and more of a nightclub operation.

 

Mr Brown requested that the Sub-Committee take the following matters into account:-

 

• The movement of the entrance much closer to residents on Mount Street could have an adverse impact upon dispersal which could not go ignored. Residents feel that it is already quite congested on that part with taxis so this will only be increased. The current entrance is much better for dispersal.
• Outside tables and chairs – our concern is that there will be more tables and chairs outside now. There is no condition that they will be rendered unusable or removed at a certain time.
• The changes to the conditions do cause us some difficulties (page 138 of the report refers).
• Condition 14 is to be amended.
• Condition 20 – proposed to be amended after 23:00. We are not sure about the purpose of this. It would be easier for patrons to wait inside the lobby
• Condition 21 – reflects the change in terminology brought in by the Live Music Act. We would hope there would not be music outside.
• Condition 15 to be deleted – this hasn’t attracted a great deal of comments so far. This does fundamentally change the way in which the Premises could operate. I am not clear why this should be removed if there’s no change in operation.
• In the pre-app advice – there is a condition by which substantial food will have to be provided after 23:00. I don’t think this has been replicated in the application. This is still a significant watering down of condition 15.
• Conditions 22 and 23 are proposed to be removed and we are not clear why this is.

 

Mr Ahmed as local resident stated that the concerns of residents is the change in conditions such as condition 15. In his view he felt that this will gradually move towards the Premises being a relaxed nightclub vibe. He wanted to bring to the Sub-Committee’s attention the location of the entrance which was very important. He said that Mount Street is very congested with a lot of traffic. Relocating the entrance will be a serious disaster and therefore wanted the Sub-Committee to consider this application of the variation when looking at the proposed layout changes for the Premises.

 

Mr Dunn on behalf of the Mayfair Residents Group stated that he wouldlike to clarify that he is not a nearby neighbour. However, the reason for his submission was to support residents’ objections. Mr Dunn said that his focus was on capacity, and was pleased to say we are 90% of the way with the Applicants thinking. He said that the figures of 150 for the ground and basement are noted but in addition to that there is likely to be some extra numbers for the outside tables and chairs. These are essentially the smoking tables for the Premises. He estimated these are additional to that capacity so it may be useful to have the security that they also have a maximum restriction.

 

The Sub-Committee sought clarification from Mr Brown as to whether the resident’s concerns regarding the repositioning of the new entrance on to Mount Street had been put directly to the Applicant and whether any flexibility could be given. Mr Brown responded by saying that the Applicant had not been approached in that respect by the residents.

 

Mr Jones clarified to the Sub-Committee that Mr Watson asked for a lobby to be installed and this location suited the scheme overall and was the best solution. 

 

At this point the Legal Advisor to the Sub-Committee discussed the proposed conditions. He requested Mr Walsh to confirm the position regarding the following:-

 

• Whether Condition 15 can remain on the licence.

• His specific views on Condition 12.
• Whether the outside tables and chairs being made rendered unusable (MC19 and 20) in view of the comments made by Mr Dunn.
• Whether MC24 dealing with a direct telephone number for the Manager to be made publicly available was agreed.
• Mr Brown’s comment to the proposed relocation of the entrance lobby and whether the Applicant is prepared to devise and produce a dispersal policy to be provided to the responsible authorities?

 

Mr Walsh confirmed the following:-

 

·       Condition 20 – this has now been changed to 23:00 hours. We take Mr Brown’s point and am happy for this to remain as it was.

·       Condition 15 – cannot stay on the licence as it refers to the old laws which is why we had no objection from the licensing authority. Mr Walsh referred the Sub-Committee to the case of Manchester City Council case – unless it is within the terms of the licensing application – This case effectively stated that the Sub-Committee does not have broad discretion like it does in a review scenario. The Premises has operated in this same way for the last 20 years without any concern.

 

Mr Jones reaffirmed the position regarding the above and stated that the Club is run successfully, and we are proud of our representation.

 

Mr Walsh stated that he had no objection in principle to a dispersal policy as that was  appropriate and a relevant factor within the ambit of the Sub-Committee to consider when looking at the promotion of the public nuisance licensing objective and compliance of conditions. The capacity is within the internal area only which can accommodate up to 150 plus 35 covers outside. This has always been the case.

 

Mr Watson provided further assistance to the Sub-Committee in relation to the new entrance. He stated that there had been discussion surrounding the new entrance as part of the pre-application advice which covered the following matters:-

 

• Directly above the Premises is residential units so you will always have residents above no matter where the entrance is however there is now the added protection of a lobby.
• We have agreed the capacity will not change.
• The external dining will only be on one side of the Premises as we now have a lift in place.
• No noise condition accepted by the applicant. There has been no historic complaints and the noise report submitted supports this.
• New addition of plant to support the kitchen will be of modern standards and will be lower than existing noise levels. 
• Smoking – staff will go to Mount Street Gardens. This is very close to the Premises.

 

Mr Dunn said that he noted that there is currently 35 outside covers and that the Applicant has no intention to increase the numbers. He said that we would have to simply rely on their integrity that this is the situation. He said that de did not live on Mount Street, but uses the street often. The problem with the street is that the layout has completely changed with parking put on both sides of the road, so it is now very narrow with heavy traffic.

 

Mr Walsh said that it was of material important that Condition 15 was properly addressed and understood so that the Sub-Committee knew precisely why the Applicant was seeking removal of this specific condition from the licence. Mr Walsh said that the condition as drafted is unenforceable and that is why we seek to remove it. Moreover, this condition is not used and is not in keeping with the style of how the premises operates. He said the aim of the Applicant was to seek its removal and to make sure the licence is up to date. The Premises do not trade just as a restaurant, but also as a private members club and have traded in this particular way for the last 20 years. Mr Walsh said that the Applicant is happy to accept a condition to say substantial refreshment is available throughout the Premises. The entire motive behind this application is to improve the facilities within the Premises for the staff and its members and to ensure the Premises can operate more efficiently. Mr Walsh said for the reasons he has explained to the Sub-Committee the application should be granted accordingly.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application. It welcomed the fact that the Applicant had engaged with residents prior to the hearing and was prepared to work with them and the Responsible Authorities by agreeing conditions.

 

The Sub-Committee noted also that the Applicant had obtained pre-application advice and had also commissioned a Noise Experts Report by ACA Acoustics in September 2021 to determine whether noise emissions from the proposed restaurant extension would have any adverse impact on residents in terms of nuisance.

 

The Reports conclusion at Paragraph 6 stated that “ACA Acoustics have undertaken an assessment of operational noise from the proposed restaurant and conclude that allowing for sound insulation performance of the existing structure and anticipated worse-case source levels based on measurements taken at other premises operated by the client, noise levels transmitted to adjoining residential premises will be low and complies with criteria of Westminster City Council”. 

 

Based on the evidence before it the Sub-Committee agreed with the report’s findings in so far as potential nuisance caused to residents and took the view that the noise conditions imposed on the licence should mitigate the concerns raised by residents.

 

The Sub-Committee noted that the style, nature and character of the Premises will remain as a Private Members Club and that the hours of operation will remain unaltered. The only changes which are subject to this variation are to the Premises layout to both the ground and basement and this is to refurbish and upgrade facilities within the Premises for the benefit of staff and those Members who frequent the Premises.

 

The Sub-Committee considered the request to remove certain conditions from the Premises Licence and update existing conditions with new Model Conditions. The Sub-Committee concluded that this would have the desired effect of updating the conditions in line with the Applicants day to day operation of the Premises which has been running successfully for many years without complaint. The Sub-Committee noted the concerns expressed by Mr Brown and Mr Ahmed surrounding the contentious issue of Condition 15. However, the Sub-Committee also noted the very well-made arguments advanced by Mr Walsh in his submissions as to why the condition was outdated and should no longer appear on the Premises Licence. The Sub-Committee accepted Mr Walsh’s comments and concluded that the Condition should be removed in its entirety.

 

The Sub-Committee was given comfort by the fact that the Applicant undertook that 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 and the premises licence has been conditioned in this respect to prevent the Premises morphing into a night club venue as might have been feared by residents.

 

The Sub-Committee was persuaded by the various undertakings and guarantees given by the Applicant, including the commitment to work with residents when it came to the day management of the Premises and the promotion of the licensing objectives.

The Sub-Committee considered the potential for public nuisance in relation to the repositioning of the entrance lobby onto Mount Street but took the view that the measures the Applicant was to put in place regarding a dispersal policy of its customers will help safeguard the public nuisance licensing objective and that a telephone number for the Manager at the premises will be made available to residents. These requirements are now conditioned on the Premises Licence.

The Sub-Committee considers that the conditions it has imposed on the Premises Licence will mitigate the concerns of those who had objected. The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.

Having carefully considered the Sub-Committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives:

 

1.        To grant permission to vary the layout of the premises in accordance with licensing layout drawings, 4322/498/502/F (Ground Floor) and 4322/498/501/D (Basement).

 

2.        That Conditions 9, 12, 13, 14, 20, 21, 26 and 27 are now varied and superseded with the conditions specified below and remain in full force and effect on the Premises Licence. 

 

3.        That Conditions 10, 15, 16, 18, 22, 23 and 25 are now deleted from the Premises Licence and cease to have any effect.

 

4.        To add conditions in the terms specified below.

 

5.        That the varied licence is subject to any relevant mandatory conditions.

 

6.        That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

 

7.        That the varied licence is subject to the following additional conditions imposed by the Sub-Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a licensing hearing

 

8.        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.

 

9.        Intoxicating liquor will not be sold or supplied to persons admitted to the premises, other than to a) Members of the club and their bona fide guests meeting at the premises for consumption by those members and their bona fide guests a list of whom will be held at reception for inspection by the relevant authorities. No person shall be admitted to the membership of the said club without an interval of at least 48 hours between nomination or application for membership and admission. b) Artistes or persons employed on the premises. c) Any person attending a private function at the premises, a list of whom will be held at reception for inspection by any of the relevant statutory authorities.

 

10.      A copy of the club rules will be available at the premises for inspection by the Police or authorised officer of the council.

 

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 and will include the external area immediately outside the premises entrance. 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.

 

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 are 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.      No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined but in any event this shall be limited to no more than 150.

 

14.      After 23.00 hours departing patrons waiting for a taxi shall remain inside the premises.

 

15.      No regulated entertainment shall be provided to the external terrace.

          

16.      Between the hours of 08:00 and 10:00 Monday to Saturday and 08:00 and 12 noon on Sunday the supply of alcohol shall be ancillary to the provision of substantial food.

 

17.      All windows and external doors shall be kept closed after 21.00 hours, or at any time when regulated entertainment takes place on the ground floor, except for the immediate access and egress of persons.

          

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

 

19.      Regulated entertainment can commence from 08:00 on New Year's Eve and carry on through to the beginning of trading hours on New Year's Day.

 

20.      There shall be no sales of hot food or hot drink for consumption 'Off' the premises after 23:00 hours.

 

21.      All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only and shall not be consumed on the premises.

 

22.      A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS Hologram.

 

23.      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, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received regarding crime and disorder

(d) any incidents of disorder

(e) any faults in the CCTV system

(f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service

 

24.      The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

25.      The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

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

 

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

 

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

 

29.      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.

 

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

 

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

 

32.      During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

 

33.      Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.

 

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

 

35.      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 construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

36.      A direct telephone number for the manager at the premise 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.

 

37.      The Premises Licence Holder shall devise and produce a dispersal plan to cover dispersal arrangements from the new lobby entrance onto Mount Street. A copy of the policy and any updated versions shall be sent to the Responsible Authorities upon request.

 

If problems are experienced then a Review of the Licence can be made. 

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

24 February 2022