Agenda item - Club Storm, 28A Leicester Square, WC2

Club Storm, 28A Leicester Square, WC2

Meeting of Licensing Sub-Committee (1), Thursday 6th July, 2017 10.00 am (Item 5.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

St James’s Ward / West End Cumulative Impact Area

Club Storm, 28A Leicester Square, WC2

New Premises Licence

17/04597/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 6th July 2017

Membership: Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Murad Gassanly.

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Andrew Palmer

Presenting Officer: Heidi Lawrence

Relevant Representations: Environmental Health, the Licensing Authority and the Metropolitan Police Service.

Present: Ms Lisa Sharkey (Solicitor representing the Applicant), Ms Cosmina Stan (representing the landlord - West End Management Team),

Mr Roger Payne (on behalf of Camden Dining – the proposed operator), PC Sandy Russell (Metropolitan Police), Mr Ian Watson (Environmental Health) and Mr David Sycamore (Licensing Authority).

Club Storm, 28A Leicester Square, WC2H 7LE (“The Premises”) 17/04597/LIPN
1.	Late Night Refreshment (Indoors)
	Monday to Wednesday: 23:00 to 03:30 Thursday to Saturday: 23:00 to 05:00 Sunday: 23:00 to 02:00 Seasonal variations/non-standard timings Sunday before Bank Holidays the permitted hours shall be extended until 02:30 hours the following morning. On the morning on which Summertime begins the permitted hour shall be extended by 1 hour. New Year's Eve - from end of permitted hours to 05:00 on New Year's Day.
	Amendments to application advised at hearing:
	Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	Decision (including reasons if different from those set out in report):
	The Presenting Officer introduced the nature of the application, which was for a new licence for the Premises to continue operating as a Bar and Nightclub. The Premises had the benefit of a current licence, which had been granted in September 2005. An application to transfer the existing licence to the West End Property Company Limited had been refused by the City Council, as the former tenants who held that licence had refused to give their consent. The landlord's only option had accordingly been to apply for a new Premises Licence. Although the application was being made for the same licensable activities and terms as the current licence, it was accepted and agreed that the conditions were being updated in line with the model conditions. Further conditions were also being offered following consultation with the Police and other Responsible Authorities, regarding door supervisors and the use of polycarbonate drinking vessels. No residential representations had been received in response to the proposed application. Ms Sharkey addressed the Sub-Committee on behalf of the Applicant, and confirmed that the venue was to operate on a hybrid basis that would provide food, drinks and dancing as part of an evening’s entertainment. The plan included in the current application had been updated to include information on fire safety, and Ms Sharkey confirmed that if the application was to be granted, a full plan for the proposed operation of the Premises would be submitted as part of any minor variation. Ms Sharkey commented on the representation made by the Licensing Authority, and confirmed that the proposed licence conditions would require that all people who entered the Premises after 23:00 would have their ID scanned. The Applicant considered that the Challenge 21 entry scheme would be appropriate, as there had been no previous history of under-age entry at the premises. With regard to the proposed condition relating to the use of polycarbonate drinking vessels, the Applicant had proposed an alternative condition that would provide some flexibility for the provision of glassware for drinks such as champagne or cocktails. My Payne described the operation of other establishments currently run by the operator, such as Gilgamesh and Shaka Zulu in Camden, which offered a combined food and dance ‘vibe dining’ experience similar to that proposed for the premises in Leicester Square. Mr Payne considered that the earlier opening hour together with the element of the proposal which did not include dancing could enable flexibility over the use of polycarbonate later in the evening. Ms Sharkey referred to the judgement made in the case between *Novus Leisure* *and Westminster City Council*, which determined that although existing licensable activities could be lost when the present operator became unable to operate the licence, it did not prevent occupancy levels or licensable activities being raised in any application for a new premises licence or variation. On this basis, the Applicant asked the Sub-Committee to take the licensing activities contained in the previous licence into account when determining the current application. The Applicant confirmed that a commitment would be given to not seek to make use of the previous licence, should the current application be granted. Following consultation with the Police the Applicant had agreed a number of proposed conditions, but had not approved a Police request for a reduction in permitted hours and entertainment. Although it was acknowledged that there had been incidents at the Premises under the previous operator, the Applicant sought to maintain the hours that had been granted under the previous licence with an earlier time for last entry of 02:00. The Applicant considered that the new licence offered a significant improvement on that previously granted, and would include all of the conditions that would be expected for a late night operation, such as door staff numbers and the requirements for searches to be undertaken. PC Russell commented that although the Applicant had a good reputation, future operators could be different and this needed to be taken into account. Crime levels during the previous operation of the Premises had been high, and the Sub-Committee noted that the Police would have sought a review of the operator’s licence had the Premises not closed. A reduction in operating hours had accordingly been sought to reduce the possibility of crime which had related to the premises re-occurring in the future. The Police also sought clarification of how the transition for the proposed transition from glass drinking vessels to polycarbonate during the evening would take place, and the Applicant confirmed that the timing, arrangements and incentives would be the same as those that had been successfully operating at other venues. Mr Watson confirmed that although Environmental Health had made no representations regarding the proposed operation of the Premises, they were concerned over possible off-sales. The Sub-Committee noted that while off-sales had not been included in the application, customers would be able to take unfinished drinks away from the Premises up until 23:00 hours. The Sub-Committee also acknowledged that the public consultation had only been for on-sales at the premises. Mr Sycamore outlined the views of the Licensing Authority, which had worked closely with the Applicant in seeking to make the Premises a safer establishment. Although the agreed conditions were seen as improvements, the application remained against Policy as the Premises were located within the West End Cumulative Impact Area. The Policy Advisor informed the Sub-Committee that the application would need to be determined on its merits as a new application within the Cumulative Impact Area, and that it could be considered that granting a new licence on similar terms to that which was still in effect would not make a further contribution to cumulative impact. The likelihood of a review of the previous operator could also be taken into account in deciding whether the current application was a departure from Policy and could be granted. Ms Sharkey confirmed that if the application was to be refused, the Applicant would be guided back to obtaining the existing licence. The Sub-Committee acknowledged that it was likely that any new application would be against Policy and not be granted, as the Premises were within the West End Cumulative Impact Area. It was also probable that the previous licence would have been subject to review, due to the crime and disorder that had occurred in connection with the Premises. However, based on the commitments to the new model of operation that had been given by the Applicant in oral submissions, together with a firm undertaking that the Applicant would not take advantage of the existing licence, the Sub-Committee considered the application to be an exception to Policy. In view of the new operating model of ‘vibe-dining’ with substantial food during the day and at night-time, the application was granted subject to conditions. In determining the matter the Sub-Committee considered that the conditions imposed on the Premises Licence are appropriate and proportionate.
2.	Sale by retail of alcohol (on sales)
	Monday to Sunday:: 10:00 to 03:00 Seasonal variations/non-standard timings Sunday before Bank Holidays the permitted hours shall be extended until 02:00 hours on the following morning. On the morning on which Summertime begins the permitted hour shall be extended by 1 hour. New Year's Eve- from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
	Amendments to application advised at hearing:
	Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	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).
3.	Live Music (indoors)
	Monday to Wednesday:: 09:00 to 03:30 Thursday to Saturday: 09:00 to 06:00 Sunday: 09:00 to 02:00 Seasonal variations/non-standard timings On the morning on which Summertime begins the permitted hour shall be extended by 1 hour. The permitted hours on New Year's Eve will extend to the start of permitted hours on New Year's Day.
	Amendments to application advised at hearing: Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	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.	Recorded Music (Indoors)
	Monday to Sunday:: 00:00 to 00:00 Seasonal variations/non-standard timings Unrestricted.
	Amendments to application advised at hearing: Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	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).
5.	Performance of Dance (Indoors)
	Monday to Wednesday:: 09:00 to 03:00 Thursday to Saturday: 09:00 to 06:00 Sunday: 09:00 to 02:00 Seasonal variations/non-standard timings On the morning on which Summertime begins the permitted hour shall be extended by 1 hour. The permitted hours on New Year's Eve will extend to the start of permitted hours on New Year's Day.
	Amendments to application advised at hearing: Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	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).
6.	Anything of a similar description (Indoors)
	Monday to Wednesday:: 09:00 to 03:00 Thursday to Saturday: 09:00 to 06:00 Sunday: 09:00 to 02:00 Seasonal variations/non-standard timings On the morning on which Summertime begins the permitted hour shall be extended by 1 hour. The permitted hours on New Year's Eve will extend to the start of permitted hours on New Year's Day. Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to making a profit to be unrestricted.
	Amendments to application advised at hearing: Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	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).
	Hours premises are open to the public
	Monday to Wednesday:: 09:00 to 03:00 Thursday to Saturday: 09:00 to 06:00 Sunday: 09:00 to 02:00 Seasonal variations/non-standard timings British Summertime- an additional hour to standard timings on the commencement of British Summertime. New Year's Eve - from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
	Amendments to application advised at hearing:
	Additional proposed conditions which the Applicant had agreed with the Police had been circulated to all parties prior to the Hearing.
	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).

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.

9. Prior to 23:00 customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

10. An attendant shall be on duty in the cloakroom during the whole time that it is in use.

11. The number of persons permitted on the premises at any one time (excluding staff) shall not exceed 235 persons.

12. 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.

13. There shall be a Personal Licence Holder on duty on the premises at all times when the premises are authorised to sell alcohol.

14. There shall be no striptease or nudity, and all other persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

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

16. The sale of alcohol shall be ancillary to the use of the premises for music and dancing and substantial refreshment.

17. The consumption of alcohol on the premises shall cease 30 minutes after the terminal hour for the sale of alcohol.

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 says with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 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 copies of recent CCTV images or data with the absolute minimum of delay when requested.

20. An incident log shall be kept at the premises, and made available on request to an authorised session and 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, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

21. After 23:00 hours, there should be no consumption of drinks (excluding hot drinks) from vessels other than polycarbonate vessels. This condition shall not apply to the serving and consumption of wine, sparkling wine, spirits or champagne bottles with a minimum size of 70cl and champagne flutes supplied by waiter/waitress service to tables. Staff shall clear all empty wine, spirit and champagne bottles promptly from the tables. Customers shall not be permitted to leave their table carrying any such glass bottles or drink directly from the bottle.

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. After 23:00 hours, all customers entering the premises will have their 1D scanned on entry.

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

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

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

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

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

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

30. 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.

31. 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, proof of age card with the PASS Hologram or Military ID card.

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

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

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

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

36. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.

37. From 21:00 hours, or such other time as agreed with the Police in writing (and a copy of any agreement to be made available upon request), a minimum of 2 SIA door supervisors shall be on duty at the premises. A minimum of one shall be deployed at the entrance and shall wear a Body Worn Video Camera. Additional door supervisors shall be employed as determined by a documented management risk assessment taking cognizance of police advice of 1 SIA per 100 customers before 23.00hrs and 1 SIA per 50 customers thereafter, (or such other advice as may be given from time to time). At all times from 23:00 hours, 2 door supervisors shall be deployed at the entrance. The risk assessment to be made available upon request.

38. Amendment of the second part of the CCTV condition

A staff member from the premises who is conversant with the operation of the CCTV system (including where applicable any Body Worn Video 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.

39. A minimum of 5 SIA licensed door supervisors shall be on duty at the premises from 23.00hrs to close 7 days per week. A minimum of 2 on the entrance and 3 inside the premises (This is still subject to discussion based on what the premises is to become) Prior to this time door staff numbers will be at least a 1:100 ratio unless decided otherwise by a risk assessment conducted by a member of the venue’s management team.

40. 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. A minimum of one to be wearing Body Worn Video throughout trading times and for 30 minutes after closing whilst dispersing

41. After 21.00hrs any persons entering or re-entering the premises shall be searched by a SIA licensed member of staff and monitored by the premises CCTV system. Search wands will be used during all searches.

42. Body worn video systems used by the premises must be deployed immediately during any verbal altercation or use of force made by any member of staff

43. All staff engaged in the use of Body Worn Video shall receive relevant training to ensure they are confident it it’s use. A record will be kept on the premises of which staff have been trained. This record will be available to the relevant authority for inspection upon request

44. Where the premises are operating for a specific pre-booked event or occasion when a guest list is in operation, only a Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager will be authorised to add additional names to the guest list. Any additions less than 48 hours before the pre-booked event or occasion must be legibly entered on the list and signed for by a Director, the Premises Licence Holder, the Designated Premises Supervisor or the Duty Manager. The list will be kept for a period of 31 days following the event and will be made available immediately for inspection upon the request by a Police Officer or Council Officer.

45. After 21:00, or such other time as agreed with the Police in writing (and a copy of any agreement to be made available upon request), all security engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests.

46. All externally promoted events held at the venue shall be notified to the Metropolitan Police Service. A form 696 will be completed and submitted within 14 days prior to the event, or such less time as agreed with the Police. When carrying out the risk assessment for the event and holding the event the venue will take into account any reasonable advice received from the Westminster Police Licensing Team and the central Clubs/Promoters Police Team who receive the form 696 (or their equivalent) and upon a reasonable request by Police the venue will not run the event.

47. After 23:00 hours, or such earlier time as deemed necessary following risk assessment, a search policy shall be implemented of customers entering the premises. Such policy to be documented having regard to police advice and shall be made available upon request.

48. a) From 23:00 hours, a minimum of 2 door supervisors shall be deployed with Body Worn Video Camera, capable of recording audio and video in any light condition as per the minimum requirements of the Westminster Police Licensing Team. The video cameras shall be used until 30 minutes after closing whilst customers are dispersing.

b) All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available upon the request of Police or authorised officer throughout the preceding 31 day period.

c) A Body worn video system shall be deployed immediately during any verbal altercation or use of force made by any member of door staff.

d) All door staff engaged in the use of Body Worn Video shall receive relevant training to ensure that they are confident in its use. A record shall be kept on the premises of which door staff have been trained. This record will be available to the Police or Licensing Authority for inspection upon request.

49. There shall be no admittance or re-admittance to the premises after 02:00 except for patrons permitted to temporarily leave the premises to smoke.

Supporting documents:

Club Storm 28A Leicester Square WC2, item 5. PDF 3 MB