Agenda item

The Arts Club, 40 Dover Street, W1S

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

1.

West End /

not in stress area

The Arts Club, 40 Dover Street, W1S

New

15/03820/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 30th July 2015

 

Membership:              Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

 

Relevant Representations:         Environmental Health, 1 Ward Councillor, 2 x resident associations, 6 x local residents and 1 x local business.

 

Present:  Mr Julian Skeens (Solicitor, representing the Applicant), Mr Luke Elford (Solicitor, on behalf of the Applicant), Mr Ian Watson and Ms Yemi Alabi (Environmental Health), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mrs Costa-Laurant Arbulu and Mr Arbulu), Mr Ned Westaway (Counsel, representing Mr Boroumand and Mr Frank Salvoni), Mr Boroumand and Mr Salvoni (local residents) and Ms Claire Hayes (Senior Practitioner – Licensing & Case Officer for application).

 

The Arts Club, 40 Dover Street, W1

15/03820/LIPN

 

1.

Sale of Alcohol: On and Off the premises

 

 

Monday to Sunday:  00:00 to 00:00 (For hotel residents and their guests only)

Monday to Saturday: 10:00 to  03:00

Sunday: 12:00 to 22:30

Sundays before Bank Holidays: 12:00 to 03:00.

 

 

Amendments to application advised at hearing:

 

 

Following discussions prior to the hearing, Mr Skeens, Ms Hayes and Mr Panto advised that the details of what was being applied for had been clarified.  The application was essentially to enable hotel residents and up to five guests per resident on the third, fourth and fifth floors to have access to alcohol in their bedrooms via room service and from the minibars and also watch films there.  A condition was being proposed by the Applicant that there should be no sale or supply of alcohol under the authority of the licence after 3am otherwise than to hotel residents and their guests in the hotel bedrooms. It was also clarified that Licence 12/11096/LIPN was now regarded as being the current licence in force at the premises. There had been a great deal of confusion as to whether it had come into effect as that depended on the previous licence (12/07557/LIPDPS) being surrendered. Upon the applicant’s solicitors confirming that the previous licence could not be resurrected, it was now accepted by the licensing authority that it had been surrendered.  

 

 

Decision (including reasons if different from those set out in report):

 

 

 

The Sub-Committee asked Mr Skeens some questions about the application.  He was asked whether the hotel rooms were available solely to members of The Arts Club or if the public were able to book them.  Mr Skeens replied that it was possible for non-members to book a hotel room provided that they were sponsored by a member.  In the vast majority of cases it would be members booking.  There were 4,500 members in total.  He was also asked about the position regarding the use of the terraces at The Arts Club.  This was a concern that had been raised in residents’ objections and was of concern to Members too.  It was noted that the Applicant had agreed Environmental Health’s proposed conditions that the ground floor external terrace and the garden area would not be used after 22:00 hours and that all windows and external doors would be kept closed after this time.  Mr Skeens confirmed that there were no conditions which limited the use of the terraces on the floors above the ground floor late in the evening, including those on the second floor (attached to the restaurant) and above the fifth floor where a staircase would lead to it.  His client was reluctant to restrict the use of the terraces but was able to offer a condition that the terraces that were part of the licensable area (the second floor had been part of a premises licence which had previously been granted) for the current application would not be used for licensable activities after 23:00 hours.  This was in addition to the proposed condition that no noise would be permitted from the premises giving rise to a nuisance which would be relevant if people on the terraces were adversely affecting local residents.  

 

Mr Watson for Environmental Health referred to the fact that the Applicant had agreed the proposed condition that the ground floor terrace could not be used after 22:00.  The second floor terrace attached to the restaurant was not formally conditioned on the existing licence with regard to its use.  He stated that there were entries in the history of noise complaints such as at 23:41 on 19 February 2014 and at 22:21 on 6 September 2014 which described noise from an outside terrace.  He believed that it was likely the source of the noise was the second floor terrace because the ground floor external terrace was not open at these times.  The second floor, which faces the residents, was required to be operated as a restaurant which was open until 03:00.  No regulated entertainment was permitted on the second floor.  He had concerns regarding the potential for noise from people using the terrace above the fifth floor (the picture submitted by the Applicant appeared to show dining with approximately 18 seats on the terrace).  The hotel rooms also had external balconies.  Mr Watson added that officers had been provided with a fire risk assessment that day and it had been agreed with the Applicant that a proposed condition was being amended so that the garden area would be subject to assessment by Environmental Health.

 

Mr Skeens responded to some of the points raised by Mr Watson.  He commented that there was already an existing premises licence for the second floor including the terrace area and it was not proposed to change the operation there in any way.  Any noise that did arise would be swiftly dealt with.  A condition was being proposed that a direct landline telephone number for members of management at Arts Club would be available to any person wishing to comment on the operation of the premises.  Members of staff and door supervisors would be trained in dealing with such calls.  He added that the Arts Club did not want noise being experienced by hotel residents.

 

The Sub-Committee next heard from Mr Westaway.  He confirmed that the aspect of the revised application that was of greatest concern to residents was the use of the external terraces.  There were terraces on each of the floors.  Any noise from the side terrace on the second floor fed directly to the residents of 10 Berkeley Street.  There were three little terraces on the third floor plus seven bedrooms with another additional larger terrace where noise again fed directly towards 10 Berkeley Street. There were two terraces and six bedrooms on the fourth floor.  Above the fifth floor there were two more terraces and three units.  Mr Westaway made the point that The Arts Club was an entertainment club and residents did not have issues with what was taking place inside the premises or if the terraces were in use prior to 22:00.  The use of the terraces after 22:00 was however of considerable concern.  There were a number of instances of noise complaints arising from the use of the external terraces after 22:00.  The rear of The Arts Club operated like a sound trap, amplifying the noise which adversely affected residents.  There were references in the noise complaints entries to parties and these needed to take place in an enclosed space and not impact on residents.

 

Mr Westaway introduced Mr Salvoni who lives on the ground floor of 10 Berkeley Street.  Mr Salvoni gave an account of his experience of The Arts Club.  He expressed the view that it is a well-run business and operates within the hours set out on the existing licence.  He had no issues with what was taking place within closed doors.  However, if the terraces were being used late at night, noise emanated from there.  He believed this was particularly occurring from the second floor terrace.  There was not constant noise but there was loud conversation and laughter which interrupted Mr Salvoni’s sleep.  Music was heard if the doors to the terrace on the second floor were left open.  He was concerned that noise outbreak would extend to the third, fourth and fifth floors in the current application and to a later time if they were used by hotel residents and their guests.  The Sub-Committee asked Mr Salvoni if an acoustic glass screen on the edge of the terrace on the second floor was effective in reducing the sound emanating from there.  Mr Salvoni replied that it had reduced the noise a bit but he was still able to hear it.  

 

Mr Westaway continued that he believed the second floor terrace should be closed by 22:00 as at the moment it could be used until 03:00 and caused problems to residents.  He also stated that there were concerns regarding guests of hotel residents.  If there were five guests each of hotel residents this could mean that in theory there could be up to 192 guests in 16 bedrooms.  They could use the upper terraces and adversely affect local residents.  Mr Westaway was seeking on behalf of his client that the terraces had a similar condition to the garden area so that they were not used after 22:00 hours.  He added that this would to a large extent resolve local residents’ concerns.  He expressed the view that the Sub-Committee could take into consideration limiting whether guests should be permitted to use hotel bedrooms and the upper terraces.  They had the option to use The Arts Club lower floors until 03:00 hours.  In response to questions from the Sub-Committee, Mr Westaway confirmed that the key concern was the use of the upper terrace by guests of the hotel rather than the hotel bedrooms.  Mr Skeens in his response to this explained that it would be very difficult to police the use of the terraces.

 

Mr Brown addressed the Sub-Committee.  He stated that the majority of the points raised by Mrs Costa-Laurant Arbulu in her representation were no longer issues as a result of the amendments to the application.  The issue that did still remain was terrace use.  He believed it was apparent from the list of noise complaints submitted by Environmental Health that the times of the complaints led one to the conclusion that noise was emanating from the second floor terrace.  The first entry in the list of 1 November 2013 had clarified that the ground floor terrace had been closed by 22:00 hours.  Mrs Costa-Laurant Arbulu had made the point that the new application was perhaps ‘an opportunity to regularize the position’ in terms of introducing the same timings for the closure of the second and ground floor terraces.

 

Mr Skeens stated that any revisiting of the existing premises licence which included the second floor terrace should be considered very carefully.  The appropriate way to deal with the matter, should it be deemed that there was an issue with the second floor terrace, would be for a review application of the existing premises licence to be submitted.  Mr Brown raised the point that this was a new premises licence application and the Sub-Committee could look at the matter in the round and could amend, add or delete conditions as Members deemed appropriate for the promotion of the licensing objectives.  The second floor terrace was a concern of residents and the review mechanism appeared to be a disproportionate method to deal with the matter.  Mr Westaway added that the application was introducing a new category of people into The Arts Club who would also be able to use the second floor terrace.     

 

Mr Panto was asked for his legal opinion.  He advised that he was of the view that the application was for a new premises licence and as a matter of law Members had the ability to look at all the issues that had arisen.  He agreed with Mr Brown that the idea that it was necessary to review the existing premises licence in order to address residents’ concerns regarding the second floor terrace might not be the most proportionate way forward.  From Mr Skeens’ point of view it could be argued that his client would have had no option but to apply for a new premises licence given that it was a substantial alteration to the premises and the Act would not allow for a variation application.  It was necessary for the Sub-Committee to have regard as to whether it was appropriate to impose conditions in these circumstances.  Mr Skeens stated that if there were complaints, the Licensees should have the option to say if the complaints are brought to their attention, they would then deal with it.  There was a proposed condition that residents could telephone members of the management of The Arts Club to comment on the operation of the premises. There was the right of review as a last resort.

 

The Sub-Committee granted the application.  Members noted that the application was primarily concerned with sixteen hotel bedrooms over three floors with an additional outside area on the top floor above the penthouse.  This involved the sale of alcohol in bedrooms via room service and minibars and also the playing of films in bedrooms.  The Sub-Committee had heard evidence that the premises are well-run and that management had responded when there had been instances of public nuisance.  However there had been complaints and it had been necessary for the Sub-Committee to take into account what was required to promote the licensing objectives.  The Sub-Committee decided that it was appropriate for there to be a cessation of licensable activities on any external bedroom terrace after 23:00 hours.  There would be a maximum of five guests per hotel resident.  The Sub-Committee was mindful that the management of the premises had made available a telephone number for local residents to contact them in the event of any concerns raised.  There was also the potential for local residents to contact the Council’s Noise Team if they were experiencing public nuisance.  The Sub-Committee noted that there appeared to have been some noise complaints relating to the second floor terrace from the evidence submitted by Environmental Health.  Members did not consider that there had been sufficient opportunity to test every complaint and reach a conclusion from the evidence provided that it was appropriate to restrict the terminal hour on the second floor terrace which was currently permitted.  The Chairman stated that in the event there were significant issues with noise emanating from the terraces at the premises and these were not resolved, the Responsible Authorities and local residents would have the option to submit a review application. 

 

2.

Regulated Entertainment

 

 

Plays (indoors), Performance of Dance (indoors & outdoors), Live Music (indoors), Anything of a similar description to live music, recorded music or performances of dance(indoors):

Monday to Saturday 09:00 to 02:00

Sunday: 09:00 to 23:00

 

Exhibition of a Film (indoors)

Monday to Sunday: 00:00 to 00:00 (Provision in hotel bedrooms for hotel residents and their guests only)

Monday to Saturday 09:00 to 02:00

Sunday: 09:00 to 23:00

 

Recorded music (indoors)

Monday to Sunday: 00:00 to 00:00.

 

 

Amendments to application advised at hearing:

 

 

All aspects of regulated entertainment apart from the exhibition of film for hotel residents and their guests in their bedrooms were withdrawn (see amendments to the application in Section 1).

 

Decision (including reasons if different from those set out in report):

 

 

The exhibition of film for hotel residents and their guests in their bedrooms was granted as applied for (see reasons for decision in Section 1).

 

3.

Late Night Refreshment (indoors & outdoors)

 

 

Monday to Saturday: 23:00 to 02:00

Sundays before Bank Holidays: 23:00 to 03:00.

 

 

Amendments to application advised at hearing:

 

 

Late Night Refreshment (indoors & outdoors) was withdrawn by the Applicant (see amendments to the application in Section 1).

 

 

Decision (including reasons if different from those set out in report):

 

 

The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.

 

4.

Non Standard Timings

 

 

The hours for licensable activities and opening times shall be extended by one hour on the morning on which British Summertime begins.

 

The hours for licensable activities and opening times shall be extended from the end of authorised hours on New Year's Eve until the start of hours on New Year's Day.

 

The hours of sale of alcohol shall be extended until 00:30 on Sunday during the weekend British Summertime begins.

 

 

Amendments to application advised at hearing:

 

 

This aspect of the application was withdrawn by the Applicant (see amendments to the application in Section 1).

 

 

Decision (including reasons if different from those set out in report):

 

 

The Sub-Committee was not required to consider this aspect of the application as it had been withdrawn by the Applicant.

 

5.

Opening Hours

 

 

Monday to Sunday:  00:00 to 00:00 (residents, members & guests of residents)

 

Monday to Saturday: 08:30 to 03:30 (non-members & guests)

Sunday: 08:30 to 00:00 (non-members & guests).

 

 

Amendments to application advised at hearing:

 

 

The only opening hours now being sought by the Applicant was Monday to Sunday:  00:00 to 00:00 (residents, members & guests of residents).  The remaining opening hours times applied for were withdrawn.

 

 

Decision (including reasons if different from those set out in report):

 

 

The Sub-Committee granted the opening hours Monday to Sunday:  00:00 to 00:00 (residents, members & guests of residents).  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.

 

Additional Conditions

 

11.       Licensable activities may not be provided other than to:

 

a.    Members (and their guests) of the Club, who have paid a minimum annual admission fee of at least £500 (excluding founder members, honorary members and student members) payable in advance for music, dancing and entertainment (not to be credited against consumables).  There will be a minimum period of 48 hours between application for membership and admission as a member.  A list of all members who have paid an annual membership fee will be held at reception for inspection by the relevant authorities upon reasonable request.  A copy of the club rules shall be deposited with the Police.

b.    Guests of the proprietor (not exceeding 20% of the total capacity for the premises as specified in the Premises Licence); a list of such guests shall be maintained at reception.

c.    Persons attending a private function on the premises.

d.    Artistes or persons employed on the premises.

e.    Artistes exhibiting or performing on the premises.

f.     Proprietors, directors, shareholders and management of the operating company and their bona fide guests.

g.    Hotel residents and their guests up to a maximum of five guests per resident.

 

12.       At least one personal licence holder is to be present on the premises during the whole of the time alcohol is sold or consumed.

 

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

 

14.       A record of all door staff employed on a particular night will be maintained, and badge numbers, along with expiry dates, to be recorded.  Physical badge inspection to be undertaken by senior management.

 

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

 

16.       A noise limiter located in a separate and remote lockable cabinet from the volume control 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’s Community Protection Department so as to ensure that no noise nuisance is caused to local residents or businesses.  The operational panel of the noise limiter shall then be secured to the satisfaction of the officers from the Environmental Health Service.  The keys securing the noise limiter cabinet shall be held by the licence holder or authorised manager only, and shall not be accessed by any other person.  The limiter shall not be altered without prior agreement with the Environmental Health Officer.

 

17.       No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service.

 

18.       No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service.

 

19.       No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

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

 

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

 

22.       The highway in the vicinity of the premises shall be swept and where necessary washed down at regular intervals whilst the premises are trading after 9pm and at close of business and litter and sweepings are to be disposed of or stored in accordance with arrangements agreed with the Council.

 

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

 

24.       Management shall maintain and make available a record of inspections, pre-opening and during performance, of fire doors, escapes and appliances and of the number of people on the premises.

 

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

 

26.       The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

27.       Curtains and hangings shall be arranged so as not to obstruct emergency signs.

 

28.       The number of persons accommodated at any one time (excluding staff) shall not exceed:

           

            Basement: 100

Ground Floor: 120

First Floor: 180

Second Floor: 60

Garden Area: subject to assessment by Environmental Health Consultation Team

 

With no more than 320 persons at any one time.

 

29.       Patrons temporarily leaving the premises after 23:00 hours for the purposes of smoking shall not take any drinks with them.

 

30.       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 ejection of patrons

c.    any complaints received

d.    any incidents of disorder

e.    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.

 

31.       Staff will offer to book hire cars on behalf of named customers who can then remain on the premises until the car is available.  All customers who seek licensed vehicles to take them away will be encouraged to remain inside whilst the vehicle is summonsed

 

32.       A direct landline telephone number for members of management at Arts Club will be available to any person wishing to comment on the operation of the premises.  Members of staff and door supervisors will be trained in dealing with such calls.

 

33.       On any Friday or Saturday, when the premises are operating beyond 22:00 hours, there shall be a minimum of two SIA registered door supervisors, or such other number as may be agreed with the Metropolitan Police.

 

34.       The supply of draft beer and cider on the premises shall be limited to a total of 2 varieties (either 2 beers or 2 ciders or 1 beer and 1 cider).

 

35.       Other than in hotel bedrooms, 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.

 

36.       Cinema style linked seating will not be provided.

 

37.       The ground floor external terrace and the garden area shall not be used after 22:00 hours.

 

38.       All windows and external doors shall be kept closed after 22:00 hours.

 

39.       The access door to the garden shall be locked shut after 22:00 hours.

 

40.       There shall be no live music or recorded music in the garden area.

 

41.       The supply of alcohol on the second floor shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

42.       Regulated entertainment will not be provided under the authority of this licence on the second floor.

 

43.       The hours for licensable activities and opening times may be extended by one hour on the morning on which British Summertime begins.

 

44.       The hours for licensable activities and opening times may be extended from the end of authorised hours on New Year's Eve until start of hours on New Year's Day.

 

45.       The hours for sale of alcohol may be extended until 00:30 on Sunday during the weekend British Summertime begins.

 

46.       This premises licence will not be used as an authorisation for licensable activities until premises licence 12/11096/LIPN or such other number subsequently issued has been surrendered and is incapable of resurrection.

 

47.       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.

 

48.       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.

 

49.       A proof of age scheme, such as Challenge 21, shall be operated at the premises where a customer wishes to purchase alcohol and the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

 

50.       The Licence will have no effect until the premises have 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, subject to any updated plans being provided to fully reflect any agreed changes to the layout of the premises.

 

51.       There shall be no provision of late night refreshment for consumption off the premises.

 

52.       No licensable activities shall be permitted on any external bedroom terrace after 23:00 hours.

 

53.       There shall be no sale or supply of alcohol after 03:00 Monday to Saturday or after 22:30 on Sunday other than in or to hotel bedrooms.

 

 

 

Supporting documents: