Agenda item - 28A Leicester Square, WC2

28A Leicester Square, WC2

Meeting of Licensing Sub-Committee (4), Monday 27th June, 2016 10.00 am (Item 4.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

28A Leicester Square, WC2

New

16/03431/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 27th June 2016

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Nick Evans and Councillor Peter Freeman

Legal Adviser: Barry Panto

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Presenting Officer: Heidi Lawrance

Relevant Representations: 1 local resident.

Present: Mr Jack Spiegler (Solicitor, Representing the Applicant), Mr Scott Matthews (Operations Director, Applicant Company), Mr Nathan Quick (Chief Executive Officer, Applicant Company) and Ms Colleen Sanders (local resident).

Dirty Martini, 28A Leicester Square, WC2 16/03431/LIPN
1.	Recorded Music, Live Music, Performance of dance, Anything of a similar description to that above, Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit (all indoors)
	Monday to Wednesday 09:00 to 01:45 Thursday to Saturday 09:00 to 03:45 Sunday 09:00 to 01:15.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee initially heard from Mr Spiegler, representing the Applicant. He referred to 28A Leicester Square currently being operated as a nightclub, Club Storm and that the local resident in attendance, Ms Sanders indicated in her written representation that it was a problem premises causing public nuisance. Mr Spiegler stated that the Police had also indicated to him that Club Storm was associated with crime and disorder. He added that Mr Matthews of the Applicant Company had agreed a conditional deal to take over the premises in the event there was a successful outcome for the Applicant at the current hearing. Mr Spiegler explained that his client was seeking a new licence with an increased capacity from 235 people excluding staff to 300 people excluding staff in order to ensure the commercial viability of the business. However, it was recognised that the venue is located in the West End Cumulative Impact Area. Mr Spiegler placed an emphasis on the potential new licence holders turning the premises around. He believed that Ms Sanders’ representation was understandably based on the premises’ past issues rather than how it would be operated in the future. He also put forward the grounds for the application being an exception to policy. These included that the existing licence permitted the premises to operate as a substantial nightclub and it was now being proposed that this would be replaced with a less intrusive well managed cocktail bar. There was also a significant reduction in hours. These included a reduction in the terminal hour for the sale of alcohol from 03:00 to 01:00 Monday to Wednesday and also a reduction in the terminal hour for Regulated Entertainment and Late Night Refreshment seven days a week, notably a reduction in Regulated Entertainment from 06:00 to 03:45 on Thursdays to Saturdays. Mr Spiegler drew Members’ attention to more stringent conditions being proposed for the current application, including a minimum of two SIA licensed door supervisors being on duty from 20:00 until closing time Thursday to Saturday, restrictions on smokers and a last entry of 01:30. The proposed conditions had addressed any concerns of the Responsible Authorities. He made the point that taking all aspects of the application into account there was a sound argument that it resulted in a reduction in cumulative impact in the West End Cumulative Impact Area Mr Matthews addressed the Sub-Committee on how he intended to operate the premises. There were currently seven Dirty Martini sites in London. If the application was granted, 28A Leicester Square would trade as a cocktail venue. There would not be a dance floor there as it was not a nightclub. There would be music and DJs at the premises. Dirty Martini had a focus on fresh food products although this was not the core part of the business. Waiter or waitress service was available. Approximately 40% of business was pre-booked which increased to 60 or 65% at Christmas. This he stated enables the Applicant to know who their customers are and ensures the security of the venue. There would be senior managers overseeing the front entrance of the premises. The floor team and the staff at the bar would also be managed by senior managers. In response to a question from the Sub-Committee, it was confirmed that there was no connection between the management of Club Storm and the Applicant. The Sub-Committee next heard from Ms Sanders. She stated that she did not object to the Applicant becoming the new licence holder. However, she had some concerns regarding the application. It was her experience that patrons who were smoking and were intoxicated loitered outside her window in Leicester Square after the premises had closed, particularly during the summer. She asked the Applicant what the plans were for a designated smoking area. Would patrons be allowed to go in and out of the premises until the early hours of the morning? Mr Spiegler replied that his client had agreed a condition with the Police that patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, would not be permitted to take drinks or glass containers with them. He was also content to offer to limit the number of smokers outside to a maximum of 20 at any one time. This had also been discussed with the Police. Mr Matthews added that at the company’s venues there were allocated roped off smoking areas which were overseen by the security team manager. When smokers finished their cigarettes they were asked to go back inside the premises and if they chose not to do so they would be directed away from the premises. It was confirmed that the Applicant would be content to have a condition attached to the premises licence that patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, would be limited to 20 persons at any one time. Mr Matthews stated that both TGI Fridays and Wetherspoons had terraces and the area between these premises created a natural walkway to the front door. This could create a natural space for a designated smoking area. The Applicant was asked by the Sub-Committee about an instance at Dirty Martini’s premises in Covent Garden where a Member had witnessed an area with glass on the floor where people had been dancing and despite it being raised with the management it had still not been sufficiently removed. Mr Matthews apologised for this and stated that there was a team on the floor at this site who should have removed the glass in its entirety. There was no formal dance floor at this site. Staff were fully aware of the contents of the operations manual. He visited the premises regularly to ensure that standards were maintained. Ms Sanders also asked whether it was proposed that there would be any speakers near the doorway. Music currently did emanate from the premises. Mr Matthews confirmed that there would be no speakers near the doorway. In addition the venue at 28A Leicester Square would be reconstructed and soundproofing would be a major aspect of this. Mr Spiegler stated that his client was content to agree a proposed condition that no noise would emanate from the premises. The Sub-Committee considered, in granting the application, that the application would not add to cumulative impact in the West End Cumulative Impact Area. Whilst the capacity was being increased, the hours of operation were being significantly reduced. There would also be no entry to the premises after 01:30 on Thursdays to Saturdays. It was also noted that the representations from the Police and Environmental Health had been withdrawn following agreement of the conditions proposed by them. Members also took the view that there were some stringent conditions being attached to the licence which were likely to reduce the potential for the licensing objectives to be undermined. The Applicant had sought to address the concerns of the Responsible Authorities and also Ms Sanders with the agreement of conditions. The Sub-Committee attached the model conditions limiting the number of smokers to a maximum of 20 at any one time, ensuring that no noise emanated from the premises and preventing loudspeakers being located in the entrance lobby or outside the premises building. The Sub-Committee advised those present that should the licensing objectives be undermined, Ms Sanders and other local residents or the Responsible Authorities had the option to submit an application for a review of the premises licence.
2.	Late Night Refreshment (Indoors)
	Monday to Wednesday 23:00 to 01:45 Thursday to Saturday 23:00 to 03:45 Sunday 23:00 to 01:15.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.
3.	Sale by retail of alcohol (On)
	Monday to Wednesday 10:00 to 01:00 Thursday to Saturday 10:00 to 03:00 Sunday 10:00 to 00:30.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
4.	Opening Hours
	Monday to Wednesday 09:00 to 01:45 Thursday to Saturday 09:00 to 03:45 Sunday 09:00 to 01:15.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.
5.	Seasonal variations / Non-standard timings:
	Recorded Music, Live Music, Performance of dance, Anything of a similar description to that above, Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit (all indoors), Late Night Refreshment (Indoors), Sale by retail of alcohol (On) & Opening Hours Hours to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. An additional hour when British Summer Time commences. Recorded Music, Live Music, Performance of dance, Anything of a similar description to that above, Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit (all indoors), Late Night Refreshment (Indoors) & Opening Hours On Sundays before Bank Holiday Mondays these hours to be extended to 03:45. Sale by retail of alcohol (On) On Sundays before Bank Holiday Mondays these hours to be extended to 03:00.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below.

Conditions attached to the Licence

Mandatory Conditions

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a) a holographic mark, or

(b) an ultraviolet feature.

7. The responsible person must ensure that—

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml;

(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

8(ii) For the purposes of the condition set out in paragraph 8(i) above -

(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b) "permitted price" is the price found by applying the formula -

P = D+(DxV)

Where -

(i) P is the permitted price,

(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(i) the holder of the premises licence,

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

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

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

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

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

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

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

Additional Conditions

9. The premises may remain open for the provision of licensable activities from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

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

11. Cloakroom facilities shall be available at all times the premises is open to members of the public.

12. The number of persons accommodated at any one time in the premises shall not exceed 300 (excluding staff).

13. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

14. At least one personal licence holder shall be present during the whole time intoxicating liquor is supplied, sold or consumed.

15. 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.

16. There shall be no payment made by or on behalf of the licensees to any person for bringing customers to the premises.

17. If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of this premises licence / club premises certificate:

a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,

b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and

c) to take all other reasonable precautions for the safety of the children.

18. 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 the date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer through the preceding 31 day period.

19. 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, with copies of recent CCTV images or data with the absolute minimum of delay when requested.

20. After 8pm all staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests.

21. 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

(d) Any incidents of disorder

(e) All seizures of drugs or offensive weapons

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

(g) Any refusal of the sale of alcohol

(h) Any visit by a relevant authority or emergency service

22. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

23. Except for persons temporarily leaving the premises to smoke, there shall be no entry to the premises after 01:30am on Thursdays to Saturdays.

24. The Licence will have no effect until the works shown on the plans (or subsequently submitted plans) 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 - if there are minor layout changes during the course of construction new plans shall be submitted.

25. 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.

26. 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.

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

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

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

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

31. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.

32. A minimum of 2 SIA licensed door supervisors (increasing to a ratio of 1:100 customer capacity) shall be on duty from 2000 until close Thursday to Saturday inclusive.

33. The premises shall operate a search on entry policy subject to an operational risk assessment.

34. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

35. 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.

36. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 20 persons at any one time.

37. 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.

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

Supporting documents:

28A Leicester Square WC2, item 4. PDF 2 MB