Agenda item

App

No

Ward /

Cumulative

Impact Area

Site Name and Address

Application

Licensing Reference Number

4.

Marylebone High Street / not in cumulative impact area

Blush, Basement, 37 Duke Street, W1

Variation

16/03487/LIPV

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.

(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.

(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.

(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.         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

10.       This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001

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

12.       Notwithstanding the provisions of Rule of Management No. 6 the premises may  remain open for the purposes of this licence from 11pm on each of the days Monday to Saturday to 6am on the day following and from 11pm on Sunday to 3am on the day following

13.       The number of persons accommodated at any one time (excluding staff) shall not exceed 90.

14.       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.

15.       On any evening where the premises or part of the premises are open for music and dancing and a S.77 certificate is in operation, intoxicating liquor shall not be sold or supplied to persons entering the premises after 11.00pm other than to;

a)    persons who have paid a minimum admission fee of at least £3.00 Monday to Thursday and £5.00 Friday and Saturday for music and dancing or entertainment, such charge not be credited against consumables;

b)    Artistes or persons employed at the premises;

c)    persons attending a private function at the premises.

16.       No striptease, no nudity and all persons on the premises to be decently attired.

17.       No gaming otherwise than by machines authorised under part III, Gaming Act, 1968.

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

19.       The maximum number of persons, including staff, to be present in the licensed premises shall not exceed the number specified from time to time by the proper officer of the London Fire and Civil Defence Authority. The number currently specified is 110 persons.

20.       With the exception of the bar area, the area coloured pink on the deposited plan shall be permanently laid out to tables and chairs to a minimum capacity of 90 covers.

21.       (a) Subject to the following paragraphs, the permitted hours on Mondays to Saturdays shall commence at 10.00 (12:00 on Christmas Day and Good Friday) and extend until 03.00 on the morning following except that:

(i).   the permitted hours shall end at 00.00 midnight on any day on which music and dancing is not provided after midnight; and

(ii).  on any day that music and dancing end between 00.00 midnight and 03.00, the permitted hours shall end when the music and dancing end

(b)   In relation to the morning on which summer time begins, paragraph (a) `of this condition shall have effect-

(i).   with the substitution of references to 04.00 for references to 03.00

(c)   Except on Sundays immediately before bank holidays (apart from Easter Sunday), the permitted hours on Sundays shall extend until 00.30 on the morning following, except that-

(i).   the permitted hours shall end at 00.00 midnight on any Sunday on which music and dancing is not provided after midnight;

(ii).  where music and dancing end between 00.00 midnight on any Sunday and 00.30, the permitted hours on that Sunday shall end when the music and dancing end

(d)   On Sundays immediately before bank holidays (other than Easter Sunday), the permitted hours shall extend until 03.00 on the morning, except that-

(i).   the permitted hours shall end at 00.00 midnight on any Sunday on which music and dancing is not provided after 00.00 midnight;

(ii).  where music and dancing end (or, in the case of casino premises, gaming ends) between 00.00 midnight on any Sunday and 03.00, the permitted ours on that Sunday shall end when the music and dancing end 

(iii).The terminal hour for late night refreshment shall extend to 30 minutes after the end of permitted hours for the sale of alcohol set out in d(i) and (ii) above.

(e)   The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

(f)   The permitted hours on New Year's Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00.00 on New Year's Eve.

NOTE - The above restrictions do not prohibit:

(a)   during the first thirty minutes after  the above hours the consumption of the alcohol on the premises;

(b)   during the first twenty  minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c)   the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(d)   the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e)   the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f)   the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces;

(g)   the taking of alcohol from the premises by a person residing there;

(h)   the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i)    the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

22.       No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

(a)   He is the child of the holder of the premises licence.

(b)   He resides in the premises, but is not employed there.

(c)   He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d)   The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

23.       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.

24.       The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

25.       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.

26.       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.

27.       There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

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

29.       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 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

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

30.       All management at the premises shall undergo crime scene management training given by Westminster City Council. All SIA staff shall be given training from management on current licensing issues twice yearly including input of premises licence conditions.

31.       All staff training records will be properly maintained by way of a log or record and will be available for inspection on request of Police or other responsible authority. These records will include dates of first aid/crime scene/licensing training and an outline of roles and responsibilities of each staff member working at the premises during licensable hours Including SIA staff.

32.       A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

33.       The premises licence holder shall ensure that any patrons queuing/smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

34.       (a)   All customers entering the premises will have their ID scanned on entry. The details recorded by the ID scanner system. The ID scanner system shall be made available to Police or Licensing Authority upon request; with the exception of the following:

A maximum of 10 guests per night who may be admitted at Manager’s discretion if their details are recorded through the ID scanner system.  A legible record of these people’s names shall be retained on the premises for inspection by the Licensing Authority and Police for 31 days.

(b)   Notwithstanding paragraph (a) above, bona fide members of the Club will not be required to have their ID scanned on entry subject to the following:

(i)   a list of the names and current addresses of members of the club shall be kept on the premises at all times. The list shall be produced on demand for the inspection of Police or the Licensing Authority.

(ii) Members will show their ID upon being granted membership and this will be recorded and checked on an annual basis with a current portrait photo of the member attached.

(iii) Members will sign in on each visit to the premises and there will be a legible log showing all members attending on any day the premises is open.

(iv)  All records are to be comprehensive and clearly legible.

(c)   Notwithstanding paragraph (a) above each member will be allowed up to 2 guests who will not be required to have their ID scanned on entry subject to the following:

(i)      The guest must be previously known to the member and the member shall be present on the premises.

(ii)      Members will sign in each guest at the time of the visit to the premises and must remain on the premises while the guest remains. The guest must present legitimate ID before being signed in.

(iii)  There will be a legible log showing all members’ guests attending on any day, the premises is open.

(iv)  The log will show the full names of the members and guests and shall be retained on the premises for inspection by the Licensing Authority and Police for 31 days.

(d)   Club rules to be established and maintained and each such rule should be available at the premises for inspection by the Licensing Authority and Police.

(e)   (i)  Clubscan and the current records contained will be used as the current membership file

(ii)  Any new members will have their details entered on the Clubscan equipment for future reference.

35.       A minimum of three (3) SIA licensed door supervisors shall be on duty when the premises are open on Sunday to Wednesday.

36.       A minimum of four (4) SIA licensed door supervisors shall be on duty when the premises are open on Thursday, Friday & Saturday.

37.       At least (2) SIA licensed door supervisors shall be on duty at the entrance of the premises at all times whilst it is open for business.

38.       On Sunday to Wednesday, the last entry to the premises will be 2.45am and the premises will close at 4.00am, when all persons be off premises.

39.       On Thursday, Friday & Saturday there shall be no admittance or re-admittance to the premises after 0430 save for those persons leaving the premises temporarily to smoke.

40.       All door supervisors engaged outside the entrance to the premises and ground floor reception area, or supervising or controlling queues, shall wear high visibility yellow jackets or tabards.

41.       In the event that a serious assault is committed on or immediately outside the premises (or appears to have been committed) to the managements knowledge, the management will immediately ensure that:

(a)        The police (and where appropriate, the London Ambulance service) are called without delay, using telephone number 999;

(b)        All measures that are reasonable practicable are taken to apprehend any suspects pending the arrival of the Police;

(c)        As is reasonably practicable, the crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and

(d)        Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.

42.       No taxi drivers, minicab drivers or chauffeurs shall be permitted to enter the premises at any time.

43.       All SIA door supervisors working at the premises will be employed by an external independent SIA contractor.

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

45.       Doorstaff shall remind patrons leaving the premises of the residential nature of the area and to keep noise to a minimum.