Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Vincent Square   * None   ** Victoria	Flight Club Unit 8 Nova Victoria Street SW1E 5DJ	Premises Licence Variation	21/11130/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 10 March 2022

 

Membership:           Councillor Karen Scarborough (Chairman) Councillor Melvyn Caplan and Councillor Aisha Less

 

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Jack Robinson

                                Presenting Officer:  Emanuela Meloyan

 

Application for a Variation of Premises Licence in respect of Flight Club, Unit 8 Nova, Victoria Street, London SW1E 5DJ - 21/11130/LIPV

 

Full Decision

 

Premises

 

Flight Club

Unit 8 Nova

Victoria Street

London SW1E 5DJ

 

Applicant

 

Flight Club Darts Limited

 

Represented by Gary Grant (Counsel for the Applicant), Piers Warne (TLT Solicitors), Dustin Acton (CEO Flight Club Darts, Applicant), Emil Matijevic –( DPS and site manager, Applicant), Adrian Studd (Retired police officer) and Andrew Bamber (Retired police officer)

 

Ward

 

Vincent Square

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

Victoria

 

The Applicant wishes to vary the licence as follows:

 

Sale by Retail of Alcohol (On and Off Sales)

 

Wednesday to Saturday: 07:00 to 01:00

 

Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

Late Night Refreshment

 

Wednesday to Sunday: 23:00 to 01:00

 

Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

Regulated Entertainment

 

Wednesday to Saturday: 07:00 to 01:00

 

Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

Opening Hours of the Premises

 

Monday to Tuesday: 07:00 to 00:30

Wednesday to Saturday: 07:00 to 01:30

Sunday: 07:00 to 23:30

 

Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

To add conditions to the operating schedule of the premises licence in order to further promote the licensing objectives.

 

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 operate as a darts themed multi-purpose venue.  The Premises is located within the Vincent Square Ward and the Victoria Special Consideration Zone.  The Premises has had the benefit of a premises licence since July 2010. The current premises licence (licence number 20/00972/LIPT) is attached as appendix 1 of this report.The applicant has provided submissions addressing the variation to the Premises Licence which can befound at Appendix 2.

 

Representations Received

 

·       Metropolitan Police Force (withdrew on 21^st November 2021 following agreement of additional conditions to be added to the Premises Licence).

·       Environmental Health Service – Ian Watson

·       1 Local Resident (Opposing the application)

 

 

 

Summary of Representations

 

·       The Environmental Health Service have made a representation in relation to the application as the additional hours requested for licensable activities will have the likely effect of causing an increase in Public Nuisance within the Victoria Special Consideration Zone.

 

·       The local resident advises that: Any extension at all of Flight Club's opening hours would be grossly unfair to the 300 residents of the Nova Building and will adversely impact their lives and will cause them considerable distress due to the increase in anti-social behaviour late at night with intoxicated customers congregating outside of these premises

 

Policy Considerations

 

SCZ1

·       In addition to meeting the other policies within this statement, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment, and should set out any proposed mitigation measures in relation to those issues within their operating schedule. Consideration Zone for this application is: Victoria

 

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 following:

 

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(A)

·       Applications outside the West End Cumulative Impact Zone for premises that propose to operate as a ‘combined use premises’ will be considered on their merits and subject to the Council’s Licensing Policies.  For the purpose of this policy a Combined Use Premises means premises which require a premises licence and where there is more than one premises use, and where the uses are not dependent on/ or part of the other uses i.e., are not ancillary to the other uses.

 

 

 

 

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer Ms Emanuela Meloyan introduced the application and  advised that the Premises operated as a darts themed multi-purpose venue.  She confirmed that representations had been received by the Metropolitan Police Service who had since withdrawn their representation and by the Environmental Health Service and one local resident.  She outlined that the Premises is located within the Vincent Square Ward and the Victoria Special Zone.  The Premises has had the benefit of a premises licence since July 2010.

 

Mr Gary Grant, Counsel appearing on behalf of the Applicant, outlined the application before the Sub-Committee. He stated there had been an agreed position on behalf of the Applicant and Mr Fiddler who was representing residents of the Nova building of which he was a resident.  Mr Grant advised that the following had been agreed by all parties:

 

1.     The premises shall provide a telephone number of the manager on duty for residents to convey any and all issues to

2.     After 00:00 there shall be two doormen on duty to stop any further admissions and marshal current patrons away from the residential areas

3.     There shall be quarterly resident meetings

 

Mr Ian Watson, appearing on behalf of the Environmental Health Service, addressed the Sub-Committee.   Mr Watson advised that the Environmental Health Service had given pre application advice to Flight Club Darts Ltd and was aware of their location and the positioning of other surrounding licensed premises. Mr Watson confirmed that there had been no noise complaints made against the Premises.  He further confirmed that the Premises’ capacity was 780 and outlined how Land Securities, who owned all the Nova Units, had applied for individual Premises Licences for each Unit. 

 

The Sub-Committee asked whether the Applicant was willing to reduce the Premises’ capacity.  Mr Grant reminded the Sub-Committee that this application was to vary the Premises Licence and the Applicant did not wish to make concessions that might make the Premises Licence less valuable in the future.   Mr Grant then explained the Premise’ booking system and that 90% of customers pre-booked to play darts.  He confirmed that after midnight no-one new could enter the Premises so the Flight Club would not become a destination point for late night drinkers.  He emphasised the Premises’ dispersal policy and explained that a game of darts took around 90 minutes: therefore, there would not be a mass exodus of people at any one time or at 01:30. 

 

Mr James Fiddler, representing residents living in the Nova Building, outlined his concern regarding late night noise from customers leaving licenced Premises situated near the residential block.  He confirmed, however, that there had been no formal noise complaints made to Westminster City Council. Mr Fiddler asked Mr Grant if the current barriers at the entry to Flight Club could be increased further to help disperse patrons.  He also asked if the Applicant could increase the number of door staff on duty. The Sub-Committee requested that the door staff be increased proportionately to the number of customers attending the Premises.

 

Mr Grant addressing the points from Environmental Health, Mr Fiddler and the Sub-Committee agreed that to mitigate any issues arising from the potential granting of an extended licence that a more substantial barrier shall be erected.  He further added that from Thursday to Saturday there would be SIA staff on duty to help disperse patrons away from the Nova Building and instead towards public transport and private hire vehicles.

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

In reaching its decision, the Sub-Committee took into consideration that conditions had been agreed with the Responsible Authorities and the Interested Parties and that due regard had been given to Policy SCZ1 as the Applicant had attempted to address issues particular to the Victoria special consideration zone. The Sub-Committee also noted that the Applicant had agreed to liaise with residents on a regular basis.  In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objective.

 

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

 

1.        To grant permission to vary the terminal hour for the Sale of Alcohol (On and Off Sales) on Wednesday to Saturday: 07:00 to 01:00.  Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

2.        To grant permission to varythe terminal hour for the  Regulated Entertainment Wednesday to Saturday: 07:00 to 01:00.  Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

3.        To grant permission to vary the terminal hour for Late Night Refreshment (Indoors) Wednesday to Sunday: 23:00 to 01:00.  Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

4.        To grant permission to vary the terminal hour for the Opening Hours of the Premises on Monday to Tuesday: 07:00 to 00:30, Wednesday to Saturday: 07:00 to 01:30 and Sunday: 07:00 to 23:30. Seasonal Variation: Sunday preceding Bank Holiday Monday to 01:00 the following morning.

 

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 Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing

 

8.        (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

(c) 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.

(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period

 

9.        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.

 

10.      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.

 

11.      Waiter and Waitress service shall be available in all parts of the licensed premises.

 

12.      In relation to the first floor terrace area no licensable activities shall be provided and no consumption of alcohol shall be allowed  after 11pm.

 

13.      All sales of alcohol for consumption off the premises shall be in sealed containers only, save for alcohol served by a waiter or waitress to customers who are seated at tables within the designated external seating area(s) shown on the attached plan edged and cross-hatched in green.

 

14.      All outside tables and chairs within the dedicated ground floor outside seating area shall be rendered unusable by 23:00 hours each day.

 

15.      Patrons permitted to temporarily leave and then re-enter the premises and any dedicated outside ground floor seating area, e.g. to smoke, shall not be permitted to take drinks or glass containers with them. 

 

16.      An incident log shall be kept at the premises, and made available on requires 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 concerning crime and disorder

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; and

h)       any visit by a relevant authority or emergency service

 

17.      Notices shall be displayed at the exit of the premises requesting customers leaving the premises to respect the needs of local residents and business and leave the area quietly.

 

18.      A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable form of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS hologram.

 

19.      Other than where deliveries take place in accordance with the NOVA development delivery arrangements allowing delivery to the dedicated basement delivery area, no deliveries to the premises shall take place between 23:00 and 08:00 on the following day.

 

20.      Other than where refuse is disposed of and collected in  accordance with the NOVA refusal collection arrangements allowing collections from the dedicated basement area, all waste shall be properly present and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

21.      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.

 

22.      All windows and external doors shall be kept closed before 08:00 and after 23:00 hours, except for the immediate access and egress of persons.

 

23.      Between 07:00 and 10:00 hours the sale of alcohol for consumption on the premises or in the designated external seating area(s) shall be limited to pre-booked private functions or to consumption of alcohol that is ancillary to food.

 

24.      Between 07:00 and 08:00 the sale of alcohol for consumption off the premises shall be limited to alcohol served to customers who are seated at tables within the designated external seating area(s) shown on the attached plan.

 

25.      There shall be a minimum of 8 oches available at any time when the premises is open to the public. Oche means the darts playing area , which consists of a designated area for the use of darts, which includes a dartboard, throw line and clearance area .

 

26.      The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 780 personsand after midnight 600 customers.

27.      A dispersal policy will be drawn up and implemented at the premises to ensure that as far as practicable customers leaving the premises do so quickly and quietly. The dispersal policy will be made available to police and licensing officers on request.  

28.           No new entry will be permitted to the premises from midnight on any day. 

 

29.           Door supervisors will be provided at the premises on a risk assessed basis. The risk assessment will be in written form and made available to the Metropolitan Police and licensing officers on request.

 

30.           No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises.

 

31.           After 21.00 hours there shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

32.           “When the premises is trading after midnight a minimum of at least one SIA licensed door supervisor shall be on duty at the premises after 21:00hrs and additional security shall be provided on a risk-assessed basis.”

 

33.           Staff will receive training in terrorism awareness and procedures adopted by the premises licence holder in the event of a terrorist attack at or in the immediate vicinity of the premises. Such training will be recorded and updated in line with best practice and a copy of the training will be made available to the Metropolitan Police on request.

 

34.      All staff at the premises shall receive Welfare And Vulnerability Engagement (WAVE) training, which shall be refreshed annually. You will be aware of the recent high number of reports in relation to drink spiking and suspects using needles to administer a substance to incapacitate the victim. Safety of customers is a top priority and this condition will assist the venue in ensuring customers are looked after properly should they become highly intoxicated through drink or drugs.

 

35.      Staff will receive training in terrorism awareness and procedures adopted by the premises licence holder in the event of a terrorist attack at or in the immediate vicinity of the premises. Such training will be recorded and updated in line with best practice and a copy of the training will be made available to the Metropolitan Police on request. The premises licence holder?shall?ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package?or?can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months.

 

36.      The premises shall provide to representatives of residents in the Nova Building a telephone number for the manager on duty at the premises so that any issues relating to customers of the premises can be resolved with all due expedition.

 

37.      Where the premises provides licensable activities after midnight, from 22:00hrs there shall be at least two SIA door supervisors (or more on a risk assessed basis) erecting and standing by barriers deterring customers from walking towards the Nova building, marshalling the dispersal of customers and directing customers towards Victoria Street.

 

38.      The premises shall organise quarterly residents’ meetings at the venue at the request of residents in the Nova Building.

 

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

 

The Licensing Sub-Committee

10 March 2022