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LICENSING SUB-COMMITTEE
Date: Tuesday 12 May 2015
Time: 7.00 pm
Venue:
Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW
Copies of agendas, reports, minutes and other attachments for the Council’s meetings are available on
the Lambeth website. www.lambeth.gov.uk/moderngov
Members of the Committee
Councillor Michelle Agdomar, Councillor Linda Bray, Councillor Claire Holland, Councillor Jennie Mosley,
Councillor Amélie Treppass, Councillor Louise Nathanson, Councillor Andrew Wilson, Councillor Max
Deckers Dowber, Councillor Paul Gadsby and Councillor Saleha Jaffer
Substitute Members
Councillor Matthew Bennett, Councillor Fred Cowell, Councillor Paul McGlone, Councillor Martin
Tiedemann, Councillor Imogen Walker, Councillor Jane Edbrooke, Councillor Tim Briggs, Councillor
Bernard Gentry and Councillor Marsha de Cordova
Members Required for this meeting will be: Councillor Michelle Agdomar, Councillor Fred Cowell,
Councillor Linda Bray
Further Information
If you require any further information or have any queries please contact:
Nazyer Choudhury, Telephone: 020 7926 0028; Email: [email protected]
Members of the public are welcome to attend this meeting and the Town Hall is fully accessible. If you
have any specific needs please contact Facilities Management (020 7926 1010) in advance.
Queries on reports:
Please contact report authors prior to the meeting if you have questions on the reports or wish to inspect
the background documents used. The contact details of the report author is shown on the front page of
each report.
@LBLdemocracy on Twitter http://twitter.com/LBLdemocracy or use #Lambeth
Lambeth Council – Democracy Live on Facebook http://www.facebook.com/
AGENDA
PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING
Page
Nos.
1.
Declaration of Pecuniary Interests
Under Standing Order 4.4, where any councillor has a Disclosable
Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4))
in any matter to be considered at a meeting of the Council, a committee,
sub-committee or joint committee, they must withdraw from the meeting
room during the whole of the consideration of that matter and must not
participate in any vote on that matter unless a dispensation has been
obtained from the Monitoring Officer.
2.
Minutes
1 - 36
To approve and sign the minutes of the meeting held on 14 and 24 April
2015 as a correct record of the proceedings.
3.
Licensing Applications for the Grant / Review / Variation of a
Premises Licence
37 - 42
(Report 11/15-16 and appendices)
Strategic Director, Delivery
Contact: Robert Gardner, Licensing Manager, 020 7926 6122
Email: [email protected]
a)
Day of Portugal, Streatham Common, SW16
43 - 90
b)
Beehive Place, 11A Beehive Place, SW9 7QR
91 - 118
c)
Simulacra Studio, 302-304 Barrington Road, SW9 7JJ
119 - 162
4.
Licensing Application for the Grant / Variation of Sexual
Entertainment Venue Licences
163 - 172
(Report 12/15-16 and appendices)
Strategic Director, Delivery
Contact: Robert Gardner, Licensing Manager, 020 7926 6122
Email: [email protected]
a)
Fire, Arches 39-44 Parry Street London, SW8 1RT
173 - 222
Digital engagement
We encourage people to use Social Media and we normally tweet from most Council meetings. To get
involved you can tweet us @LBLDemocracy.
Audio/Visual Recording of meetings
Everyone is welcome to record meetings of the Council and its Committees using whatever, nondisruptive, methods you think are suitable. If you have any questions about this please contact Democratic
Services (members of the press please contact the Press Office). Please note that the Chair of the
meeting has the discretion to halt any recording for a number of reasons including disruption caused by
the filming or the nature of the business being conducted.
Persons making recordings are requested not to put undue restrictions on the material produced so that it
can be reused and edited by all local people and organisations on a non-commercial basis.
Representation:
Ward Councillors may be contacted directly to represent your views to the Council: (details via the website
www.lambeth.gov.uk)
HEARING PROCEDURE FOR LICENSING SUB-COMMITTEE
Full information on the procedure is sent to all parties to the hearing. The information below is a
précis of that information.
Parties to the hearing must notify Licensing Services within prescribed timescales (these vary
according to the type of hearing) that they intend to attend and/or be represented at the hearing
and whether any witnesses will be attending on their behalf.
The hearing will operate as follows (subject to the discretion of the Chair)

In the form of a discussion led by the Committee; cross examination will not normally be
permitted.

A total of 3 minutes speaking time is normally allowed for each party. Any preliminary points
will be treated separately.

Where there is more than one representation raising the same or similar grounds, those
parties should consider nominating a single representative to address the Sub-Committee on
their behalf at the hearing.

Parties to the hearing may be permitted to ask questions of any other party or witness.

Parties to the hearing may be required to answer specific questions from members of the
committee seeking clarification of information.

The typical order of the hearing will be as follows:
1. Chair will ask all parties and witnesses to introduce themselves and this should include a
brief explanation of the purpose of their attendance.
2. Officers present the report.
3. Committee members ask questions of officers.
4. Applicant speaks.
5. Applicant's witnesses speak (with permission of Chair).
6. Committee members ask questions of applicants and their witnesses (only applies to
witnesses who have been given permission to speak).
7. Other parties speak.
8. Other parties’ witnesses speak (with permission of Chair).
9. Committee members ask questions of the other parties to the hearing and their witnesses
(only applies to witnesses who have been given permission to speak).
10. Applicant (with exception and with permission of Chair) asks questions of the other parties
to the hearing and their witnesses.
11. Other parties to the hearing (with exception and with permission of Chair) ask questions of
the applicant/other parties to the hearing and their witnesses.
12. Chair's closing remarks.
13. Committee retires to make their decision.
14. Legal adviser informs the hearing of any advice that they have given to the committee
during the decision making process.
15. Committee announces decision and gives reasons.
16. After the hearing officers will write to all parties to confirm the committee's decision.
This page is intentionally left blank
Page 1
Agenda Item 2
L
LICENSING SUB-COMMITTEE
Tuesday 14 April 2015 at 7.00 pm
MINUTES
PRESENT:
Councillor Michelle Agdomar, Councillor Andrew Wilson and
Councillor Max Deckers Dowber
APOLOGIES:
ALSO PRESENT:
Action
required by
1
DECLARATION OF PECUNIARY INTERESTS
None were declared.
The representation for Agenda Item 3b had been withdrawn by the
objector.
2
MINUTES
RESOLVED: That the minutes of the previous meeting held on previous
meetings held on 3 and 17 March 2015 be approved and signed by the
Chair as a correct record of the proceedings.
3
LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A
PREMISES LICENCE
3a
AAA GROCERS, 292 CLAPHAM ROAD, LONDON SW9 9AE
(STOCKWELL WARD)
Presentation by the Licensing Officer:
The Sub-Committee was informed that this was an application for a
new premises licence. The Sub-Committee’s attention was drawn
to chapters 2, 3, 8, 9, 10 of the Statutory Guidance, and to
Sections 1, 4, 5, 6, 7, 16 and 19 of the Statement of Licensing
Page 2
Policy and appendices 1, 4, 6, 7, 8, as the ones particularly
relevant to this application. The options available to the SubCommittee were set out in paragraph 6.2 of the report on page 68
of the agenda papers.
The Licensing Officer confirmed:

This was a new application submitted by Mohammad Arif
for the grant of a premises licence for the supply of alcohol.
Originally, the hours applied for were from 07:00 -23:00
Monday to Sunday.

The application could be found on pages 69-80 of the
agenda papers.

The plans could be found on page 81 of the agenda
papers.

There had been one representation. This was submitted by
Lambeth’s Noise Services Team.

The representation concerned the crime and disorder and
public nuisance strands of the objectives. A copy of this
could be found on pages 83-88 of the agenda papers.

Lambeth’s Noise Service had asked that suggested
additional conditions should be noted starting on pages 63
and 84 of the agenda papers respectively.

The applicant had already agreed to the Police’s 27
additional conditions including reduced start times. These
could be found on page 64 of the agenda papers and also
included a change to the start time from 07:00 to 08:00.

Nosie conditions 3, 6 and 13 had been agreed after
consulting with the Metropolitan Police.

Condition 10 had been partially agreed but there had been
an additional request for the condition to be edited in
relation to the Challenge 25 policy. This was with regard to
posters being displayed on the premises and in the shop
windows.

The Noise Team had also requested that the sale of
alcohol commence from 10:00 onwards.

There were thirteen other conditions that the noise service
wished for the Sub-Committee to take into consideration.
These were 1, 2, 4, 5, 7, 8, 9, 11, 12 and, partially, 10.
Presentation by the Applicant
Page 3
The applicant, Mohammad Arif, the agent of the applicant Debra
Sylvester and Mr Mahmood, a friend of the applicant acting as a
translator for Mr Arif informed the Sub-Committee that:

Mr Arif had operated a licensed premises in the Putney
area over two to three years and had experience of running
a convenience store.

The Police had been consulted and they had been satisfied
with the proposed reduced hours of 08:00 to 23:00 and
other various conditions.

A further reduction of hours resulting in a 10:00 start time
was considered to be overly restrictive to the applicant.

The applicant had agreed to sell beers, lagers and ciders
up to 5.5% abv and not to sell single cans, bottles or
miniature bottles of spirits.

To restrict selling single cans or bottles entirely would be
difficult for a reasonable financial viability in a small
premises. Other premises in the area did not have such
restrictions.

The applicant did not agree with condition 1 (regarding
operating hours), 3 (regarding selling alcohol in a minimum
of four packs) and 12 (regarding drinks promotions).

Any promotions endorsed by the applicant would not
encourage heavy drinking.

It was difficult to place alcohol away from children’s reach in
a convenience store, however staff members would be
appropriately trained to ensure that this was not an issue.

Posters would be put up in the premises for customers to
be considerate of neighbours.

A Challenge 25 policy would be operated.

The applicant would join the Business Crime Reduction
Partnership and would like further information on how to
join.

The applicant would be responsible and put up relevant
signs. He would also have CCTV cameras operating at all
times.

Full training would be given to staff and refresher training
would be given and all records would be kept.
In response to questions from Members, Mr Arif, Ms Sylvester and
Mr Mahmood, a friend of the applicant acting as a translator for Mr
Page 4
Arif informed the Sub-Committee that:

Often, customers would attend the store in the mornings to
buy groceries and it was easier for them to pick up alcohol
the same time as their shopping as a matter of
convenience.

The applicant was aware of the issues in relation to street
drinking in the area and would monitor the sale of alcohol in
the area to make sure that it did not exacerbate the
problem.

If the licence was to be granted, the opening hours would
be changed. An assistant would be employed to work from
18:00 to 23:00 and the applicant would work during the day
himself.

In relation to the applicant’s limited command of the English
language, he had operated a premises for three years and
had no problems and in relation to day to day running of the
premises. It was more difficult to answer queries from a
Council Officer than it was to answer the queries of a
customer

The staff would be given training on a weekly basis. This
would include training on not selling alcohol to children and
facilitating the under 25 challenge policy.

The applicant would deliver the training himself as his staff
could understand him. This was because they were from a
similar background to the applicant.

The applicant had sold his previous business and brought a
new business as Putney was too far away from where he
lived.
Presentation by Interested Parties
Calvin McLean, Lambeth’s Community Safeguarding, Environment
& Noise Enforcement Officer, informed the Sub-Committee that:

A suggestive list of conditions had been submitted to the
Sub-Committee if Members were minded to grant the
application, however the Sub-Committee would be asked to
refuse the application due to a lack of confidence in the
applicant.

There was no confidence in the applicant’s ability to ensure
that all four licensing objectives would be adhered to by the
applicant.

A visit was made to the premises where it was found that
Page 5
the staff members working at the premises had limited
levels of English.

There was no confidence in the applicant due to his limited
grasp in English and this increased the risk of the applicant
selling alcohol to underage customers.

Due to the increased risk of selling alcohol to underage
customers, seeking to supply alcohol from 08:00 was
inappropriate and would also increase the risk of street
drinking.

There were other premises nearby that sold alcohol in the
area and this was a good reason to refuse the application
due to pre-existing problems.

Financial implications was not something the SubCommittee should consider when examining whether to
grant an alcohol licence.

Although, the Police had not made a representation, had
they known about the applicant’s limited levels of English,
they may have made a representation.
In response to questions from Members, Mr Mclean informed the
Sub-Committee that:

Although there was a Sainsbury’s nearby which sold
alcohol, Sainsbury’s did not sell single cans and had a
policy from which they worked.

The proposed application would still be objectionable if the
applicant sold alcohol in packs of four. Sainsbury’s would
not sell to street drinkers, who were more attracted to buy
alcohol from off-licenced premises.

It is often the case that alcohol sales to underage
customers would take place where staff members had
language barriers. There was a lack of understanding from
the applicant of his responsibilities in running a licensed
premises.

Condition 2 of the suggested conditions could be re-written
to read “not opening drinking vessels when inside the
premises and no single plastic cups etc to be sold”.

Condition 12 of the suggested conditions was a standard
condition usually suggested for off-licensed premises. Twofor-one deals for certain drinks usually attracted street
drinkers.

More information on the training that the applicant would
Page 6
offer staff members would have been helpful. However it
was feared that the proposed premises licence would be
subject to a review in the future should the application be
granted.

The Stockwell area had a pre-existing issue with street
drinkers that usually brought alcohol from off-licences.

Community meetings had been held in relation to the
issues regarding anti-social behaviour and street drinking.

There was a specific issue in relation to Stockwell where
there were benches in Surridge Court where people would
sit and drink. Meetings had been attended in relation to this
and possible solutions to the issue were under discussion.
Adjournment and Decision
At 7:43pm, the Sub-Committee withdrew from the meeting
together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from Mr Arif, Ms Sylvester, Mr Mahmood and Mr McLean.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The
Sub-Committee decided to refuse the application for the following
reasons:
 The Sub-Committee was not convinced that the applicant
would either put in place appropriate measures to promote
the licensing objectives or enforce them.
 This was evidenced by the applicants responses to
questions, for example when the Sub-Committee
questioned Mr Mahmood about how he would approach
the training of staff members, the response provided by
the applicant was inconsistent with the agreed conditions,
specifically condition 26 on page 67 of the agenda papers.
The applicant stated that he would provide the training
himself but did not give examples of how the training would
be delivered or list the different forms of training that would
be given to staff.
 The Sub-committee was therefore satisfied that refusal was
both appropriate and proportionate.
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision to refuse the application. The SubCommittee had considered all the options available to them and
ultimately felt that the applicant had not met the concerns which
had been raised. The Chair confirmed that written notification of
the decision would be sent in due course.
Page 7
RESOLVED: To refuse the application
3b
MR. MA'S CHINESE TAKEAWAY 150A NEWINGTON BUTTS, LONDON
SE11 4RN (PRINCE'S WARD)
The representation was withdrawn by the objector.
3c
VAUXHALL FOOD GARDEN (REAR OF FIRE NIGHT CLUB), ARCHES
39-44 PARRY STREET, LONDON SW8 1RT (OVAL WARD)
Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a
new premises licence. The Sub-Committee’s attention was drawn
to chapters 2, 3, 8, 9, 10, and 15 of the Statutory Guidance, and to
Sections 1, 4, 5, 6, 11 and 16 of the Statement of Licensing Policy
and appendices 1, 4, 6, 7, 8 as the ones particularly relevant to this
application. The options available to the Sub-Committee were set
out in paragraph 6.2 of the report on page 125 of the agenda
papers.
The Licensing Officer confirmed:

The sale of alcoholic drinks as outlined in the original
application was for 10:00 to 22:00. This could be found in
Annex A of the report.

Forty-five representations had been received in relation to
the application. Thirty of these were in favour of the
application and fifteen were against the application.

Consultation had been undertaken between various
interested parties such as the Licensing Team, Police,
Environmental Health Services, Food Health and Safety
services.

There was support from members of the public and
businesses in the area. This was listed in Annex B of the
report and could be found on pages 141-207 of the agenda
papers.

The last date for receiving representations had been
midnight 17 March 2015.

Electronic copies of the representations had been provided
to the applicant’s agent.

The applicant had met with all responsible authorities to
discuss issues and mediate concerns.

An early copy of the amalgamated conditions could be
found in Annex C on page 209 of the agenda papers.
Page 8

An updated version had been provided to the committee.
Presentation by the applicant
Phil Crier, representative on behalf of the applicant and the
applicant, Philipe Chiarella informed the Sub-Committee that:

The applicant had taken account of all the representations
made in relation to the application.

Opening hours had been changed for the premises to be
open between 12:00 to 20:30 for the sale of alcohol. This
would then be followed by a thirty minute clearance time so
the Food Garden would be cleared by 21:30.

Several meetings had been held with interested parties
including a meeting with residents on 18 February 2015.

The Parry Street gates would not be used as a means of
entrance or exit and on the proposed conditions put
forward, the entrance and exit would be via South Lambeth
Place.

The areas of the premises that would operate licensable
activities would be enclosed so that patrons would not be
able to move from the area that was not operating
licensable activity to the areas that were operating
licensable activity.

All patrons consuming alcohol would be contained in the
‘yard area’.

Two bars would operate the licensed area. These were the
Lodge bar and the Coffee and Alcohol bar.

The Coffee and Alcohol bar would be for customers and
service only.

The Lodge bar would be available for customers as well but
the applicant would like the allowance of twenty people
standing whilst consuming their alcohol. This was to allow
flexibility to the venue as it was not suitable to be converted
into a restaurant.

Toilet facilities would be made available and designated
areas would be available to Food Market customers and
doors leading to areas containing licensable activities would
be closed whilst the Food Market would be in operation.

A risk assessment had been undertaken to assess the
capability of the venue to undertake licensable activity
during the time the Food Market would be in operation and
Page 9
no issues were found. There would be no mixing of patrons
and the appropriate doors would be closed. This would also
be monitored by staff.

SIA staff would be employed and additionally a further
thirty-six people would be employed.

The proposed conditions including ones that had been
accepted after discussion would control any issues that can
be found in the Food Market operation.

There was an issue of economic viability for the applicant if
the closing time was any earlier than 20:30.

It was hoped that 20:30 was a reasonable time and this
was within the policy hours.

The Food Market could alternatively be operated by offering
alcohol directly from the Fire Nightclub.

The licence would also allow for diversification from the Fire
Nightclub and the area could evolve into a more daytime
operation.

There was strong support in favour of the application.

Councillor Jane Edbrooke had withdrawn her original
representation.

KOV had submitted a petition which showed that sixtyseven people were in favour of the application compared to
ten people who were against it.

The operational hours being sought included the sale of
alcohol to finish at 20:30.

The applicant would also agree to an additional condition
regarding a satisfactory risk assessment to outline safety
procedures for the cooking equipment and traders market
equipment before the re-opening of the nightclub to ensure
that all equipment had the appropriate time to cool down.

There was concern regarding enough time for the cooling
down of the cooking equipment to meet Food Health and
Safety regulations. It would be proposed that there would
be a minimum period of two hours for the equipment to cool
down before the Fire Nightclub would be opened. This
would commonly be done between 20:30 (when the Food
Garden would be closed) and 22:30 (when the Fire
Nightclub would be opened)

In relation to the conditions requested by the Licensing
Authority found on Annex C of the agenda papers, it was
Page 10
proposed that Condition 1 be changed to allow the Coffee
and Alcohol Service bar and the Lodge bar to serve
alcohol. The Lodge bar would also allow alcohol to be
serviced to up to twenty customers who may be standing. It
was also proposed that Condition 8 be changed to allow the
use of internal toilets in Fire nightclub and be able to use
two of the four arches to the Fire Nightclub. Conditions 9
and 13 would also be changed as a direct result of the
newly proposed Condition 8.

In relation to the conditions requested by the Police found
on Annex C of the agenda papers. It was requested that
Condition 1 be changed to read “…. recordings/tapes to be
kept for a minimum of 28 days”. Condition 10 was
considered to be too inflexible as tables and chairs would
be moved around by patrons and the issue was difficult to
manage. However, sufficient tables and chairs for patrons
would be provided. Condition 11 was not necessary as the
applicant had not applied for an ‘off sales’ licence. It was
also felt that Condition 13 was too restrictive as on
occasion one or two individuals may wish to drink without
ordering food. It was also proposed that Condition 14
would be changed to read that no irresponsible drinks
promotions would be made as defined formally in the act. It
was also proposed that Condition 19 should be changed to
read that there would be no vertical drinking beyond twenty
persons.

In relation to the conditions proposed by the Environmental
Health , Conditions 1, 2 and 4 would need to be changed to
read that the terminal hour was set at 20:30 at the earliest.
In relation to Condition 6, the Arches would need to be
used for licensable activities.

In relation to Lambeth’s Health & Safety Food Service
conditions, Condition 6 would need to be re-worded so that
the limit of eight traders would be taken out to allow
flexibility when required on a rare occasion. In relation to all
other conditions, at least two of the Arches would be used
during the time the Food Garden would be operating.
Moreover, both the Coffee and Alcohol Service bar and the
Lodge bar would serve alcohol. Furthermore, the Lodge bar
would allow alcohol to be serviced to up to twenty
customers who may be standing.

Potable water would be available for vendors to use.
In response to questions from Members, Mr Crier and Mr Chiarella
informed the Sub-Committee that:
Page 11

Two bars would be required to serve alcohol as the Food
Market would need flexibility. This would speed up the
service of the tables.

The use of the club Arches and capacity would be
controlled. Appropriate exits would be present and there
would be stewards on fire exit doors.

The premises would not be run in the style of a nightclub.
There was flexibility for some daytime activity.

Staff security and all mangers had radio communication as
standard and there would be regular communication
between staff members.

On Monday morning the Fire Nightclub would close at
07:30 and the Food Garden would open at 12:30pm.

Last year the applicant had facilitated licensable activity
without a licence as he had thought that there was a valid
licence in place for the premises.

A residents meeting had been held in relation to the
application. Emails and flyers had been sent to residents
living in the area, however only two residents had attended.
They had been against the application, but their queries
had been taken forward and attempts had been made to
address any issues. These were addressed in the
conditions submitted by the applicant.

The meeting was held at 18:30 with a 19:00 start on a
Wednesday evening.

It was requested that the suggested condition for alcohol to
only be served with food not be stipulated.

There would be adequate staffing to ensure that all relevant
procedures were being upheld including ensuring that there
would be no more than twenty people in the allocated
standing area designated for vertical drinking.

There were a number of reasons why unisex toilets were
not allowed. There was an issue of capacity and general
access to the toilets. This was why the toilets submitted in
the application were the most ideal to use.

If the premises was restricted to sell alcohol from only one
bar including for the twenty customers allocated for the
standing areas, this would be manageable. However the
operation could not be manageable if the closure time was
to be earlier than 20:30.
Page 12
Presentation by Interested Parties
Enforcement Operations Supervisor, Michael Anderson informed
the Sub-Committee that:

The representation made was preventative in nature,
particularly in relation to public nuisance.

There were a number of licensed premises nearby that
already served alcohol and the area was saturated with
licensed premises.

The Noise Service team had concerns in relation to Hilden
House. It was felt that not enough had been done to give
people respite from the licensable activities operating in the
area. The operation was already a 24 hour operation. There
had been a number of complaints generated from the area
and a new application would bring extra pressure to the
residents.
In response to questions from Members, Mr Anderson informed the
Sub-Committee that:

Although the Parry Street entrance would not be used, the
actual area would still be in use. This was a cause for
concern.

A 19:00 cut off time would be a more appropriate closing
time for the Food Garden.

Noise would travel from the area into people’s homes,
particularly in the summer, as residents would have their
windows open and this would make it easier for residents to
be disturbed. It would also elevate people’s consciousness
of the noise in the Food Garden.

The noise from Food Market would travel to Hilden House.

No other conditions could be produced to mitigate the issue
given the available timescale.
PC Mike Constable informed the Sub-Committee that:

The Police supported this application and it fit in well with
evolution of the Vauxhall area.

Originally, there had been concerns regarding the premises
having too much of an overlap with the Fire Nightclub,
however new conditions had been agreed between the
applicant and the Police.

Another condition was required with regard to the use of the
Page 13
Arches. It was hoped that the Arches would be selfsufficient.

The Food Market should be separate from the Fire
Nightclub.
In response to questions from Members, PC Constable informed
the Sub-Committee that:

It was preferred that there would be no use of the Arches
for general separation between the Fire Nightclub and the
Food Garden.

It was felt that the applicant had put adequate safeguards
to prevent binge drinking.
Licensing Manager, Robert Gardner informed the Sub-Committee
that:

The applicant had adequately managed to seal off the
activity of the Arches from mixing with the Food Garden.

With the closure of the Parry Street gate, the premises
could operate the licensable activity adequately.

The application, should it be granted, would give the
Council further control over the licensable activities in the
area and that was to be welcomed.
In response to questions from Members, Mr Gardner informed the
Sub-Committee that:

The level of confidence in relation to the applicant
adequately operating the premises was of a good level.

The applicant should document what they were doing to
uphold the licensing objectives and to mitigate any risks.

It was also important that adequate steps would be taken to
manage cooking equipment and some documentation on
this would also be sought.

The Licensing Authority had in the past asked for detailed
documents to be maintained and this had been completed.

There should be no more than twenty people in vertical
drinking area at one time.

It was felt that the application promoted the licensing
objectives.
Page 14

There appeared to be little risk of serious nuisance or
crime.

Children were not being given alcohol.

The Licensing Authority would be monitoring the premises
to ensure that the applicant upheld the licensing objectives.
This could be done once a month in the summertime as the
premises would operate largely in the summer.

If there was a complaint then the Licensing Authority would
visit the premises as soon as possible and determine what
the issues were. This would then be investigated to see if
the licence would need to come under review.

Any detailed evidence of complaints would be taken.
Mr Chris Law from the Business Crime Reduction Partnership
(BCRP) informed the Sub-Committee that:

The applicant had worked with the BCRP for some time.

The Food Garden was a well-run establishment and had
added to the local vibrancy in the area and local
employment.

The Food Garden had been well-run and there had not
been any issues of anti-social behaviour or issues of
violence or safety.

The BCRP was confident about the application and would
like to support it.
In response to questions from Members, Mr Law informed the SubCommittee that:
 The conclusion had been reached based on the BCRP’s
own observations and records had been kept of all
interactions between the BCRP and the applicant.

There had also been observations on how the premises
had been operated including processes of maintaining
communication between staff members.

The closing time of 20:30 was adequate as this would
capture the lunch and after- work markets.
Food Health & Safety Team members, Mina Mistry and Ciaira
Harris informed the Sub-Committee that:

In relation to Condition 1 submitted by the Food Health and
Safety Team, further detail was required from the
Page 15
applicant’s operational plan, in particular, dealing with order
and nuisance. Furthermore, risk of odour and smoke
nuisance from cooking was a potential risk.

Condition 2 had been suggested for written assurances but
this had been agreed although it had not yet been
confirmed in writing. There had been assurances from
Network Rail that they were happy with the Food Garden
operation.

Condition 3 had been suggested as there would be hot
cooking equipment that would need to be switched off at an
appropriate time.

Condition 4 was more specific about barbeques and pans.
There could be fire issues with equipment such as a
charcoal grill as these took longer to cool down compared
to electric equipment.

There was concern about the dispersal of the equipment on
Fridays. It was felt that two hours was not enough time to
cool down and clear away all equipment.

It was important that the Shisha bar would not cover the
seated area.

If there was going to be Shisha smoked in the area, an
appropriate area would need to be located and assurances
needed to be made that smoke legislation would be
complied with.
Ms Andrea Winklesdorf informed the Sub-Committee that:

She would also be speaking on behalf of another objector
Mr Danny Walsh. The chair checked to see if previous
notification had been given with regards to this and the
licensing officer confirmed this.

Her representation would also raise issues addressed by
another objector, Mr Walsh.

The applicant had not responded to an e-mail sent on 9
March 2015. The email queried the names of organisations
in support of the Food Market.

She later would become aware of two organisations
Vauxhall one and KOV that supported the application and
had received an email threat from one of the organisations.

There was no reason to serve alcohol when food was on
Page 16
offer.

The vertical drinking area in the Food Market was smaller
than the bar area.

There was a question as to whether the applicant could be
trusted to comply with their licence.

The applicant in the past had operated licensable activity
without having a licence or planning approval.

The applicant generally refused to engage with local
residents and had not complied with licensing regulations.

If the licence was to be granted, then the sale of alcohol
should only be allowed with a main course meal.

She questioned if the Arches from 12:30 to 20:30 was
compliant with licensing procedures.

She wished to enjoy her meal without being harassed by
intoxicated patrons.

Hundreds of nightclub attendees would be moved to the
food area. Children and non-drinkers would not wish to be
subjected to an environment of this atmosphere.

She had been intimidated in the area with her children.

Events organised by the applicant was the worst for antisocial and bad behaviour.

She objected to the vertical drinking. Twenty people
standing in the designated area was not controllable.

This application was just an excuse for the applicant to
have a drinking area without control.

It was questionable how the application could possibly be
granted without public consultation.
In response to question from Members, Ms Winklesdorf informed
the Sub-Committee that:

With the exception of alcohol, the Food Garden was a good
idea but the premises would be an area used for vertical
drinking and linked to Fire Nightclub.
Mr Michele Ginanneschi informed the Sub-Committee that:

He was speaking on behalf of four other objectors, again
chair checked to ensure prior notification of this had been
Page 17
provided.

There were five residential properties around the area.

Although the Food Garden had received support, the area
was too narrow and too close to residential properties.

There would be fumes from cooking and there would be
many people surrounding the area.

In 2014, on one occasion, there had been a continuous
collection of rubbish bins without any clearance. This was
due to access being blocked by gates.

If the Sub-Committee was minded to grant the application,
then easy access should be made for rubbish collection.

Also, on one occasion, on a Friday evening, there had been
vans parked in front of Parry Street blocking the inside lane
of Parry Street, subsequently blocking the Route 2 and
Route 82 buses.

Monday and Friday mornings had been particularly difficult
as the Fire Nightclub finished very late at night. There had
been noise from people congregating in the area and some
respite from this would be well received by residents.

There had been problems in the previous summer and it
was not clear if the applicant could handle managing large
quantities of food.
In response to questions from Members, Mr Ginanneschi informed
the Sub-Committee that:

There were fourteen flats in the area excluding the flat
where the applicant lived.

There were approximately 34 people living the area.
The applicant was recalled to deal with issues arising. In response
to questions from Members, the applicant and the applicant’s
representatives confirmed:

This closure of Parry Street gates and limited number of
vertical drinkers should mitigate any concerns regarding
noise.

The Food Market application had received considerable
support as witnessed by the Sub-Committee.

The minimum being requested by the applicant is that the
20:30 closure time be approved by the Sub-Committee.

In relation to the cooling of the cooking equipment,
Page 18
adequate measures would be taken such as switching off
the equipment and allowing at least a two hour cooling
down period.

The maximum limit of twenty people using the vertical
drinking area was a number based on the applicant’s
experience having observed groups of people in licensed
premises. It was felt that 20 was a reasonable number.

Hilden House was based on Parry Street in the Vauxhall
area. This was an area which had high volumes of traffic
creating substantial noise. This was likely to drown out the
noise generated in the Food Garden.

An email had been received from Network Rail stating that
it was the duty of the applicant to ensure health and safety
of customers and members of the public in the vicinity of
the premises, however they did wish to support the
business in writing. The letter had not yet been received
through the applicant did have an email representation.
Adjournment and Decision
At 11:03pm, the Sub-Committee withdrew from the meeting
together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from Mr Crier, Mr Chiarella, Mr Law, Ms Mistry, Ms Harris, Ms
Winklesdorf and Mr Ginanneschi.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The
Sub-Committee decided to grant the application with amended
conditions.
RESOLVED: To grant the application with conditions consistent
with the operating schedule and additional agreed conditions as
amended. The full reasons and conditions would be circulated in
due course.
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision to grant the application with conditions
stated that full reasons for the decision would be produced in due
course. The Sub-Committee had considered all the options
available to them and ultimately felt that the applicant met the
concerns which had been raised. The Chair confirmed that written
notification of the decision would be sent in due course.
Page 19
4
CONSIDERATION OF OBJECTION TO A TEMPORARY EVENT
NOTICE
Special circumstances justifying urgent consideration
A meeting of the Licensing Sub-Committee has been convened as
a result of an objection raised by the Police/Council’s Noise Team
regarding two Temporary Event Notices (TEN). Section 105 (2)(a)
(of the Licensing Act 2003 [part5]) requires a minimum of two days’
notice to be given. The Chair is of the opinion that although the
meeting has not been convened with at least five clear days’
notice, it should proceed now as a matter of urgency to consider
the objections to the TEN because of the need to comply with the
statutory requirements of the Licensing Act 2003.
4a
HONKY TONK, 16A CLAPHAM COMMON SOUTH SIDE, LONDON,
SW4 7AB - 4 MAY 2015 (CLAPHAM COMMON WARD)
Presentation by the Licensing Officer
The Sub-Committee was informed that a Temporary Event Notice
(TEN) had been given and the Sub-Committee was being asked to
consider an objection received by Lambeth’s Community
Safeguarding, Environment & Noise Enforcement. The SubCommittee’s attention was drawn to chapters 2, 3, 4, 7, 8, 9, 10, 11
and 15 of the Statutory Guidance of the Statement of Licensing
Policy, as the ones particularly relevant to this application. The
options available to the Sub-Committee were set out in paragraph
6.2 of the report on pages 8 and 9 of the supplementary agenda
papers.
The Licensing Officer confirmed:

On 9 March 2015, a TEN was submitted for an event to
take place on 4 May 2015 from 00:00 until 03:00.

A representation had been received on the basis for the
prevention of public nuisance. A copy of this representation
could be found on page 17 of the report.

The premises was licensed with regulated entertainment
from 10:00 to 00:00 Monday to Wednesday, 10:00 to 02:00
Thursday to Saturday and 23:00 to 23:30 on Sunday.

A copy of the premises licence could be found on pages 7
and 8.

A background history of TENs given by the premises could
be found on page 8.

Metropolitan Police and Noise service were the only two
authorities that could make a representation in relation to
the application.
Page 20
Presentation by the Responsible Authority
Calvin McLean, Lambeth’s Community Safeguarding, Environment
& Noise Enforcement Officer, informed the Sub-Committee that:

There had been recent noise issues related to the the
premises.

There had been two recent complaints made about
premises.

Every Temporary Event Notice would usually be sent to the
Community Safeguarding, Environment & Noise
Enforcement team and a decision is made on if a
representation should be made.

He had visited the premises and it was found to be too loud
even with the door shut.

A meeting would take place on the week commencing 19
April 2015 with the operations manager. It was understood
that the premises user would purchase a sound limiting
device and appropriate noise levels would be set.

Due to a condition that could be found on page 20 of the
agenda papers, the TEN was not given for the sale of
alcohol but for the playing of recorded music.

The playing of recorded music was the main issue with the
premises.

Due to the risk of public nuisance, it was requested that the
Sub-Committee issue a counter notice.
In response to questions from Members, Mr McLean informed the
Sub-Committee that:

None of the complainants against the premises had been
received when a Temporary Event was being held by the
premises user.

Two separate complaints had been received in relation to
the premises and were not from the same person. Not all
complaints had been substantiated.

He gave his assurances that the upcoming meeting on the
week commencing 19 April 2015 would take place and
ensure that the license conditions as set out on page 25 of
the agenda papers would be met.

There had been considerable work from Noise Services to
ensure that licensing standards were being adhered to in
Page 21
general.

The meeting to be held on the week commencing 19 April
2015 would go ahead and the noise limiter would be set to
appropriate levels.

It was accepted that none of the complaints outlined in his
representation were based on Temporary Events held by
the premises user.

Where there had been complaints, it was felt that
appropriate action should be taken where possible.

When visiting the premises on 1 March 2015, he had
spoken to the manager who was cooperative.
Presentation by the Premises User
Mr Craig Baylis and Mr Street, representatives of the applicant,
informed the Sub-Committee that:

Alcohol would be served at the premises on the night until
02:00.

In relation to the two complaints listed on page 17 of the
agenda papers, the one taken on 15 March 2015 had been
an unsubstantiated complaint.

On 29 March 2015, the premises closed at 02:00 and the
applicant had CCTV evidence that premises had been
completely cleared by 02:15. Therefore it was not
understood how an issue could have been raised on 02:27
on the same night.

Mr McLean’s advice would be taken and it would be
ensured that both sets of doors would be closed at the time
of the event.

The premises user had a noise limiter, however it was not
known if it worked.

Mr Street had been in touch with the Noise Services team
and a meeting was scheduled for 23 April 2015.

As a result of deliberations, it had been decided that a new
noise limiter would be installed and this would be set by
council officers before the start of the event.
In response to questions from Members, Mr Baylis and Mr Street
informed the Sub-Committee that:

The existing sound limiter was understood to limit some of
Page 22
the sound but it could not be accessed or changed. It was
not known if a previous Council Officer had set a limit
previously or if it was set in a way that could not be altered.

It was a machine that controlled sound but could not be
turned up or down. This was understood to have been
agreed before the premises was taken over by the
premises user.

The applicant had only received one complaint directly and
this was due to loud talking as the windows had been open.

In relation to security arrangements, there was one SIA
doorman on the outside door and another SIA doorman on
the inside other door. A system would be put in place
where at least one door would always be closed. The
system would be put in place for next week.
Adjournment and Decision
At 8:39pm, the Sub-Committee withdrew from the meeting together
with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from Mr McLean, Mr Bayliss, and Mr Street.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The
Sub-Committee decided to refuse the application and not issue a
counter notice for the following reasons:

The Sub-Committee was minded to refuse the application
and not issue a counter notice based on assurances made
by the applicant and the applicant’s legal representatives
that condition ‘E’ on page 25 of the supplementary agenda
papers would be enforced.

A meeting would take place between the applicant and the
licensing officer to ensure that the applicant was fully
compliant with all conditions.
RESOLVED: To not issue a counter notice but to impose the
existing licence conditions on the TEN.
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision to grant the application with conditions
stated. The Sub-Committee had considered all the options
available to them and ultimately felt that the premises user met the
concerns which had been raised.
Page 23
5
HONKY TONK, 16A CLAPHAM COMMON SOUTH SIDE, LONDON,
SW4 7AB - 5 JULY 2015 (CLAPHAM COMMON WARD)
The Temporary Event Notice was withdrawn by the applicant.
The meeting ended at 11:40pm
CHAIR
LICENSING SUB-COMMITTEE
Tuesday 28 April 2015
Date of Despatch: Thursday 23 April 2015
Contact for Enquiries: Nazyer Choudhury
Tel: 020 7926 0028
Fax: (020) 7926 2361
E-mail: [email protected]
Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal
record.
This page is intentionally left blank
Page 25
L
LICENSING SUB-COMMITTEE
Friday 24 April 2015 at 2.30 pm
MINUTES
PRESENT:
Councillor Linda Bray, Councillor Jane Edbrooke and Councillor
Saleha Jaffer
APOLOGIES:
ALSO PRESENT:
Action
required by
1
ELECTION OF CHAIR
MOVED by Councillor Linda Bray, SECONDED by Councillor
Saleha Jaffer and,
RESOLVED: That Councillor Jane Edbrooke be elected as Chair of
the meeting.
2
DECLARATION OF PECUNIARY INTERESTS
None.
3
LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A
PREMISES LICENCE
Special circumstances justifying urgent consideration
An application for a Summary/Expedited review under Section 53A
(of the Licensing Act 2003) was submitted to Lambeth Council on
23 April 2015 in respect of the Premises Licence held. On receipt
of a valid Summary Review application the Licensing Authority
must, within 48 hours, consider whether it is necessary to take any
interim steps pending determination of the review of the premises
licence. The Sub-Committee has been convened for the purpose of
settling what if any interim steps may be necessary. The Authority
must then undertake the full review within 28 days of receipt of the
application.
Page 26
The Chair is of the opinion that although the meeting has not been
convened with at least five clear days’ notice, it should proceed
now as a matter of urgency to consider the expedited review
because of the special circumstances of the need to comply with
the statutory requirements of the Licensing Act 2003.
This hearing will be conducted as a normal hearing but the
outcomes will be an interim measure pending a full review. The
options that can be taken at this expedited review hearing are as
follows:
 Modification of the conditions of the premises licence;
 Exclusion of the sale of alcohol by retail from the scope of the
licence;
 Removal of the designated premises supervisor from the licence;
and,
 Suspension of the licence.
3a
FRIDGE BAR BASEMENT AND GROUND FLOOR 1 TOWN HALL
PARADE BRIXTON HILL LONDON SW2 1RW
Presentation by the Licensing Officer
The Licensing Officer explained the process for considering the
request for the summary licence review which had been submitted
by the Metropolitan Police. The Sub-Committee would consider
whether any interim measures were appropriate pending a full
review of the licence within 28 days of the request for the summary
licence review. The options available to the Sub-Committee were
set out on page 4 of the agenda papers. These were:
a)
b)
c)
d)
e)
to modify the conditions of the premises licence;
to exclude the sale of alcohol by retail from the scope of
the licence;
to remove the designated premises supervisor;
to suspend the licence; and,
to take no action.
The Licensing Officer then confirmed:

The application had been received on 23 April 2015
regarding the Fridge Bar following an incident on 19 April
2015. This involved the manager, supervisor and members
of the public.

It was understood that excessive force had been used
against members of the public perpetrated by members of
staff at the premises.

The application was received at 11:24 on 23 April 2015.
Page 27

Superintendent Neil Paton had informed that he had been
of the opinion that the premises were associated with
serious crime and serious disorder. This application could
be found on page 13-17 of the agenda papers.

The Police have asked for the premises licence to be
suspended.

The premises licence allowed various forms of regulated
entertainment including the supply of alcohol.

The premises was open twenty-four hours a day, seven
days a week.

Photos of the premises, a map and an email sent from Mr
Dadds had been circulated to the committee.
Presentation by the Applicant
The applicant, Sergeant Tony Jarred and PC Sandell informed the
Sub-Committee that:

The Police had submitted an application for an expedited
review emanating from a serious incident occurring late on
the Saturday night until early Sunday morning.

Two males had been injured during the incident.

Upon initial investigation, it had been understood that the
perpetrators were members of staff working at the
premises.

Possible Police measures were considered, but an
investigation indicated that one of the perpetrators involved
in the incident was listed as a director at the business. This
was understood to be Mr Daley, but he was also known as
Mr Irvin.

Lambeth’s CCTV operator had informed the Police about
the incident. There had not been a call made from the
premises staff to the Police.

The CCTV operator had informed that he observed
somebody having been struck with a torch.

Two male victims had been hit, struck and punched.

Two victims were taken to hospital with head injuries.

One individual had been hit with a torch a number of times.

There had been a pattern of behaviour in relation to
Page 28
incidences occurring at the premises.

There had been a meeting with the Premises Licence
Holder and the Designated Premises Supervisor in January
2015. Assurances had been given that relevant safeguards
would be put in place to promote the licensing objectives.
However, it appeared that there had been staff members
appointed at the premises carrying out SIA licensed
activities without a SIA licence.

There appeared to have been a staff member committing a
serious offence. This was considered to be so severe that
the Sub-Committee was recommended to suspend the
licence in the interim before the licence would be reviewed
at a full review hearing.
In response to questions from Members, Sergeant Tony Jarred
and PC Sandell informed the Sub-Committee that:

One of the alleged perpetrators, Mr Daley, had since been
charged with Actual Bodily Harm (ABH).

Another alleged perpetrator was being investigated for
Grievous Bodily Harm (GBH).

In the recent past, there had been serious incidences of
GBH, ABH, common assaults, other assaults and general
order issues involving the premises.

There had been a number of incidents where door staff at
the premises had alleged that they had suffered from
assaults.

My Daley had previously not been allowed to enter the
premises, or be employed by or involved in the
management of the business due to a condition placed on
the premises licence in 2008.

Mr Daley was known to the Police and Police Officers
recognised him from CCTV.

The Police were still obtaining statements from all the
people involved in the incident.

Mr Daley had been charged by the Police.

When the altercation transferred outdoors, staff at the
premises continued to have been involved in the incident.

Police were looking to arrest two more individuals in
relation to the incident.
Page 29

The incident had started in the basement area of the
premises and people were ejected from the area. Some
CCTV evidence had been provided, however, it could not
be discerned from the limited footage how the altercation
transferred from the basement to the outside of the
premises.

People had been ejected earlier in the evening and
remained outside the premises in an area commonly used
for smoking. This had been where the incident escalated
and there had been fighting near the bus stop on the
pavement.

Mr Daley’s presence at the premises was not in
contradiction of previously agreed conditions in 2008 as
there had been a variation of the premises licence in 2012.

One door supervisor was understood to have had his SIA
licence expire in July 2014; this was pending confirmation.
However, the registry database for SIA licence holders
appeared to support this. It was understood that there were
other staff members carrying out the role of an SIA licenced
staff member but were not SIA licenced.

In comparison to other venues, the level of volatile
incidences occurring at the venue was high. This was why
police were invited to a meeting with the Designated
Premises Supervisor and the Premises Licence Holder
regarding how issues could be resolved. There had been
some assurances made and actions agreed to ensure that
there would be an improvement; however, there had been a
few incidences since, including the incident on 19 April
2015. This was a serious incident and it also involved staff
at the premises and a director of the company.
Presentation by the Licence Holder
The licence holder’s representative, Mr David Dadds informed the
Sub-Committee that:

This was an incident that occurred at premises but this was
not due to members of staff.

Staff members had been ejecting someone and when they
got outside, the doorman believed that someone may have
had a knife.

Steps were taken to ensure that there was no danger to
other members of staff or members of the public.
Page 30

Staff members were not the aggressors of the incident.
They were simply over-protecting themselves.

This had been an incident that had escalated.

The Designated Premises Supervisor had said it was a
serious allegation.

Door staff and Mr Daley would be suspended until a full
investigation was completed.

In relation to the door supervisor who may not be registered
as an SIA licenced person, the Designated Premises
Supervisor had given the former registration number of the
individual but not the newly allocated number. The
individual was still registered as an SIA licenced person.

In relation to the other incidences alleged by the applicant,
there had not been any other incidences cited in the report
other than the incident on 19 April 2015.

The incident on 19 April 2015 resulted in some serious
injuries. The matter had arisen in the premises before
escalating outside.

The door supervisor had believed that someone had a
knife. In relation to the striking movement towards the
individual, this was performed to disarm the person with a
knife.

As the incident had occurred, it would be suggested that
the next proposed steps that should be taken would be the
ones set out by the Licensing Consultant found in the
additional papers submitted to the Sub-Committee.

In relation to the past issues with the premises, in 2006
there had been an incident that had occurred at the
premises. The premises licence was subsequently revoked.

After an appeal hearing the district judge allowed for the
licence to remain in place for Ms Asha (the Designated
Premises Supervisor). A condition was placed that Mr
Daley would not be allowed into the premises. Ms Asha had
built positively upon the licence she obtained in 2008.

The licence was then varied with the consent of the Police
in August 2012 which allowed Mr Daley back into the
premises.

This incident was the first complaint of Mr Daley since he
had been allowed back into the premises.

Although this was an unsubstantiated allegation, as a
Page 31
precautionary measure, the premises licence holder would
remove Mr Daley from being allowed back into the
premises.

A suspension of the premises licence of twenty-eight days
would extinguish the business.

The proportionate approach would be to remove Mr Daley
and recruit a new door supervisor company.

The search policy at the premises needed to be reviewed
and would be done alongside the Independent Licensing
Consultant who would be retained as a consultant.

A voluntary closure period of fourteen days was proposed
so that all processes could be reviewed and changes put
into place.

There would be a full review in twenty-eight days and the
Police may report back to the Sub-Committee with no
further evidence.

This would be a proportionate approach to the concerns
raised.
In response to questions from Members, Mr Dadds informed the
Sub-Committee that:

Some aspects of the violence were due to the heat of the
moment. Mr Daley had reported that he took reasonable
steps.

Mr Daley had informed that he was no longer director at the
business and he believed that he acted proportionately and
in self-defence.

Although a condition had been placed in 2008 to no longer
allow Mr Daley back into the premises, he was later
permitted to come back in 2012.

Although Mr Daley had been found guilty of a matter
previously did not mean he was guilty of this incident.
The Designated Premises Supervisor, Ms Afia Asha informed the
Sub-Committee that:

All customers and visitors and would be searched and bags
would be examined.

There were female door supervisors who searched female
Page 32
customers and visitors

An electronic wand would be used to check for hidden
metal objects.

All customers would be both physically checked and
checked using the electronic wand.

This process was robust.
In response to questions from Members, Ms Asha and Mr Dadds
informed the Sub-Committee that:

The incident had originally occurred in the basement of the
premises.

There were two groups of men involved. The security staff
had separated one of the groups and called for additional
help from security. The group was then removed from the
building by security.

The group was then followed by the second group of men
and when outside there was pushing and shoving.

The security staff further separated the two groups outside
the premises.

The two groups were ejected from the area and were not
pursued further by security staff.

The two groups had an altercation by the bus stop and
security stood down. The second group left the area.

The initial group then asked for re-entry into the premises
but were not allowed in.

One individual, detailed to have a tattoo on his face, wanted
to come into the premises and subsequently one of the
door staff members was physically assaulted.

No one had called the Police as the incident happened
extremely quickly and a staff radio was lost in the melee.

Radios would usually be used in this type of incident.

A meeting had been held with Hannah Eldrige from the Met
Police towards the start of the year. The start of a year was
usually a period where some people attempted to retaliate
to ongoing conflicts.

There had been some serious incidences occurring at the
premises during the New Year period. For example, a staff
Page 33
member had been attacked with a large knife.

She had not been asked about body cameras at the
meeting with Hannah Eldrige.

She explained at the meeting that the premises did not
usually deal with conflicts between patrons, however the
incidents had happened within a concentrated period of
time.

It had been suggested that an arch be put in place,
however the idea had been later negated due to possible
further criminal activity as a result of its existence.

Some people did things that they may regret and Mr Daley
had regretted his actions in the past. He had served his
sentence previously and the Police had accepted his
rehabilitation.

It had been almost ten years since the incident in 2006
involving Mr Daley.

Nothing had been proven against Mr Daley thus far in
relation to the incident on 19 April 2015.

Mr Daley had not recently come under critical Police
attention until the incident on 19 April 2015.

When internal staff radio did not work, headphones would
be installed so that staff members could adequately
communicate.

Ms Asha was part of the Night Time Economy Forum, the
Safer Lambeth Steering group and a member of the BCRP.

Ms Asha had a good relationship with the Police.

Ms Asha was on holiday with her children during the time of
the incident and would not be on holiday during the time the
premises was under review.

Ms Asha and staff members at the premises had
cooperated with Police, had provided CCTV evidence and
had assisted in arresting one of the individuals involved in
the incident.
Members then recalled Sergeant Tony Jarred and PC Sandell to
address matters arising. Sergeant Tony Jarred and PC Sandell
informed the Sub-Committee that:

No knife was found in relation to the incident.
Page 34

No firearms were found in relation to the incident.

An expedited review would only ever be requested by
Police when issues occurring at venues were considered to
be serious in nature.
Adjournment and Decision
At 3:15pm, the Sub-Committee withdrew from the meeting together
with the legal advisor and clerk to deliberate in private. The SubCommittee had heard and considered representations from
Sergeant Jarred, PC Sandell, Mr Dadds and Ms Asha.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate.
The Sub-Committee decided to grant the review, suspend the
licence and amend the conditions of the licence for the following
reasons:
This was an application by the police for an expedited review of
premises at the Fridge Bar. The police related an incident of
violence following the ejection of the customers from the premises.
Once outside, those people were allegedly assaulted by the door
staff and Mr Daley who is one of the directors of the company
holding the premises licence. The investigation was still ongoing.
The police stated that Mr Daley had previously been removed from
the premises licence and was excluded from the premises as a
licence condition. There were other issues as well, such as the
member of the door staff whose SIA badge had expired in July
2014. The police also believed that there were other people acting
in an SIA capacity who were not licenced to do so. There were also
concerns that there was no call to the police from the premises
regarding the incident and it had been reported to them from the
Lambeth CCTV operator.
The police made references to other incidents, some said to
involve Mr Daley, others said to involve staff at the premises.
However, there was little detail before the Sub-Committee in
relation to those.
The Sub-Committee also heard from David Dadds on behalf of the
premises licence holder. There was no dispute whatsoever, that
the incident took place. However, it was said that Mr Daley
believed that one of the victims had a knife and he had acted in
self-defence and that of others. The question of whether or not he
did believe that and whether or not he used excessive force were a
matter for the court.
With regard to the doorperson whose licence had lapsed, the SubCommittee was told that the wrong licence number had been
provided to the police by the Designated Premises Supervisor but
that he would be happy to provide the correct number to the police
Page 35
to show that he was licenced and that this was simply a mistake.
Mr Dadds pointed out that both individuals were taken to the
hospital but were discharged.
Mr Dadds pointed out that Mr Daley had been convicted of an
offence in 2006 when he was involved with the premises. The
licence was ultimately revoked and an appeal was allowed and one
of the conditions was that Mr Daley not be associated with the
premises. Afia Asha and her company took over in 2008.
In August 2012, an application for a minor variation was made so
as to allow Mr Daley to work at the premises. Mr Dadds said the
Police did not object to this variation. Mr Dadds says that this
incident was the first complaint received in relation to him. Mr
Dadds told the Sub-Committee that a suspension of 28 days would
destroy the business and he offered up various conditions
including the further removal of Mr Daley from the management of
the premises and a review of the various policies and a voluntary
closure for two weeks.
When asked why no one from the premises called the police, Ms
Asha said everything had happened very quickly and that their
BCRP radio had been lost in the melee. When asked why no
decision to use body cameras had been made previously, Ms Asha
said that she had a meeting with Hannah Eldrige in the new year
following an incident where a staff member had been attacked by
someone wielding a machete. Ms Asha said however that she
wasn’t asked about body cameras at this meeting.
The Sub-Committee carefully considered all of the options open to
it. Given that this incident occurred it was quite clear that taking no
action was not an option. The Sub-Committee did not consider
that the exclusion of the sale of alcohol by retail was necessary as
there was no suggestion that drinking played any part in this
incident. The Sub-Committee found Ms Asha to be credible and
honest and willing to engage with responsible authorities and noted
that this incident took place when she herself was on holiday. The
Sub-Committee did not think that it was necessary to remove her
as the Designated Premises Supervisor. However, the authority did
consider some period of suspension to be necessary; however, in
light of the lack of evidence of other incidents involving the
premises the Sub-Committee could not be certain that suspension
pending the full review was necessary. The Sub-Committee did
however accept that there needed to be some time in which the
premises were closed so as to allow reviews of its policies to take
place and the Sub-Committee was satisfied that fourteen days was
the appropriate period of time in which to suspend the licence. The
Sub-Committee was also imposing the conditions proposed by the
licence holder and these were:
1. Ralph Daley is not to be involved in any way in the management or
operation of the premises. Ralph Daley is not to enter the premises
in any capacity.
2. The premises licence holder shall appoint a new SIA approved
contractor to be approved by the Police and the number of door
Page 36
supervisors to be employed at anytime is likewise to be agreed
with the police.
3. All door supervisors shall be equipped with body cameras which
are to be operating correctly at all times that licensable activities
are taking place. The Premises licence holder shall provide the
police or the licensing authority with any such footage on request.
4. The premises license holder shall review the existing search policy
which is to include training and instructions to staff. The policy is to
be provided to the police and the licensing authority within fourteen
days.
The premises are to review its risk assessment for promotions,
Disc Jockeys and artists. The process must ensure a clear line of
communication with the police to reduce the potential for violence
and the outcome of the review is to be provided to the police and
the licensing authority within fourteen days. The premises is to
carry out a full review of its existing promotions events and Disc
Jockeys in order to identify patterns of incidents or associations of
disorder with regard to particular events or dates and the outcome
of that review is to be provided to the police and to the licensing
authority within fourteen days. For the avoidance of doubt this
decision is to take effect immediately.
RESOLVED: To grant the review, suspend the licence and amend
the conditions of the licence.
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision to grant the review, suspend the licence
and amend the conditions of the licence.
The meeting ended at 4:20pm
CHAIR
LICENSING SUB-COMMITTEE
Tuesday 12 May 2015
Date of Despatch: Tuesday 28 April 2015
Contact for Enquiries: Nazyer Choudhury
Tel: 020 7926 0028
Fax: (020) 7926 2361
E-mail: [email protected]
Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal
record.
Page 37
Agenda Item 3
Licensing Sub-Committee
12 May 2015
Licensing Application for the Grant/Variation/Review/Expedited Review of
Premises Licenses:
Item 1
1 Day of Portugal, Streatham Common, SW16 (Streatham South Ward)
2 Beehive Place, 11A Beehive Place, SW9 7QR (Coldharbour Ward)
3 Simulacra Studio, 302-304 Barrington Road, SW9 7JJ (Coldharbour
Ward)
Report authorised by: Sue Foster, Strategic Delivery Director of Housing,
Regeneration & Environment
Executive summary
This report sets out details of applications for grant/variation/ of premises licences on
which representations have been submitted by interested parties, or details of
applications for a review of a premises licence.
Recommendation
That the application(s) set out in the Appendix to this report be considered having
regard to the Council's Licensing Policy, the Licensing Objectives and the
representation(s) received.
Consultation
Name of
consultee
Directorate or
Organisation
Date sent to
consultee
Date
response
received
from
consultee
Comments
appear in
report
para(s)
Internal
Jonathan
Melnick
Governance and
Democracy
29.04.15
29.04.15
N/A
Report history
Authorised by
Executive
member:
Date report
drafted:
N/A
29.04.15
Report no:
11 / 15-16
Report deadline:
Date report sent:
Report author and contact for queries:
Rob Gardner Licensing Manager 0207 926 6122
[email protected]
Jamie Akinola, Head of Consumer Protection & Sustainability 0207
926 8976
[email protected]
Page 38
1.
Context
1.1
A licence from the Council is required for the supply of alcohol, and regulated
entertainment.
1.2
A person (includes a business) may make an application for a new Premises
License or a variation to an existing Premises License. Where representations
are received a Licensing Sub-Committee must consider the application. The
Sub-Committee, when considering such applications, shall carry out its function
under the Licensing Act 2003 with a view to the Council's Licensing Policy,
Statutory Guidance and promoting the licensing objectives.
2.
Proposals and reasons
2.1
The Licensing Sub-Committee has responsibility for exercising the Council's
powers in respect of the Licensing Act 2003. Determination by the Committee
of the applications appended to this report is required because
representation(s) to the application(s) have been received.
2.2
Details of the application(s) are set out in the Appendix to this report. All Statutory
consultation requirements have been complied with by the applicant(s) as set
out in paragraph 3 below. The results of consultation are reported in the
appendices relating to each application. Public notice has been given in
accordance with the requirements of the Licensing Act 2003.
2.3
The applicants and persons making representations have been invited to attend
the meeting.
2.4
The fees for premises and personal licences are prescribed within the Licensing
Act 2003; in the case of Premises Licences, the fees are based on the business
rate of the premises.
3.
Consultation requirements
3.1
The Licensing Act 2003 requires applicants for licences to consult and submit
relevant documentation to the Responsible Authorities as follows:

Fire Authority

Health & Safety Section

Noise Service

Police

Social Services

Town Planning

Trading Standards
3.2
Applicants are also required to advertise the application by displaying public
notices on or near the premises and by advertising the application in a local
newspaper available in the vicinity of premises. An applicant’s’ failure to comply
with all of the above consultation requirements would invalidate the application.
All applications set out in the appendix of this report have complied with the
consultation requirements.
Page 39
4.
Comments from Executive Director of Finance
4.1
Not applicable.
5.
Comments from Director of Governance and Democracy
5.1
The licensing of premises for the supply of alcohol, regulated entertainment and late night
refreshment fall within the provisions of the Licensing Act 2003.
When considering licence applications the Sub-Committee shall carry out its
function with a view to the Council's Licensing Policy, Statutory Guidance and
promoting the licensing objectives. The Licensing Objectives are:




5.3
The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm
The Sub-Committee must ensure that all licensing decisions have:




a direct relationship to the promotion of one or more of the 4 licensing
objectives;
regard to the statement of licensing policy;
regard to the Secretary of State's Guidance;
there must not be a 'blanket policy' to the extent that it is applied so
rigidly that an exercise of discretion in each individual case is
precluded.
Applications must be considered with regard to the principles of fair process and
the Human Rights Act.
5.4
The purpose of Lambeth’s Statement of Licensing Policy is to make clear to
applicants and relevant representatives the considerations that will be taken into
account when determining applications. It is also intended to guide the Licensing
Committee when considering licensing applications; however the Licensing
Committee must consider each application on its own merit and only allow
exceptions to its own policy where the circumstances of the application justify it.
5.5
Subject to both the Council's Statement of Licensing Policy and Statutory
Guidance having been properly considered a Sub Committee may depart from
them if there are good reasons for doing so. Full reasons must be given and Sub
Committees should be aware that such departures could give rise to an appeal or
judicial review.
5.6
The Statutory Guidance, Chapter 10, states that only necessary, proportionate
conditions, which promote one or more of the licensing objectives, should be
attached to the licence if it is granted (paragraph 10.11). The Licensing
Authority may therefore only impose such conditions as are necessary to
promote the licensing objectives arising out of the consideration of the
representations (paragraph 10.11), and should avoid straying into undisputed
areas (paragraph 9.24). Statutory Guidance also states that the pool of
conditions that are supplied by the Secretary of State should not be applied
Page 40
universally irrespective of particular circumstances, but may be used as
examples that can be tailored to suit individual premises and particular
situations.
5.7
When considering an application for the variation of an existing licence only the
variation is subject to determination. No changes can be made to a licence or
the conditions attached unless they are subject to the variation application.
5.8
Members are advised that when considering applications to vary an existing
licence the following options are available to them by virtue of the Licensing Act
2003, Part 3, section 35, paragraphs 3 and 4.
Where relevant representations are made, the authority must – having regard to
the representations, take such steps (if any), as it considers necessary for the
promotion of the licensing objectives. The steps are (a) modify the conditions of the licence (conditions are deemed to be modified if
any are altered, omitted or any new condition added).
(b) reject the whole or part of the application
If neither of these steps are taken the application must be granted.
5.9
M
Members are advised that when considering applications for a new Premises
Licence the following options are available to them by virtue of the Licensing Act
2003, Part 3, section 18 paragraph 4.
Where relevant representations are made, the authority must – having regard to
the representations, take such steps (if any), as it considers necessary for the
promotion of the licensing objectives. The steps are:a) to grant the licence subject to the mandatory conditions and conditions
consistent with the operating schedule modified to such an extent as it is
considered necessary for the promotion of the licensing objectives.
b) to exclude any of the licensable activities to which the application relates
c) to refuse to specify a person in the licence as the premises supervisor
d) to reject the application
Page 41
5.10
When determining an application for a review of a premises licence members
may take any of the following steps they consider necessary to promote the
licensing objectives:
a)
b)
c)
d)
e)
f)
to modify the conditions of the licence
to exclude a licensable activity from the scope of the licence
to remove the designated premises supervisor
to suspend the licence for a period not exceeding three months
to revoke the licence
to take no action.
5.11
It is considered inappropriate for officers involved in the administration of
applications to make recommendations. However officers from the Responsible
Authorities may request conditions be imposed on a licence and make
recommendations with regard to the licensing objectives.
5.12
In accordance with the provisions of Part 1 of Schedule 5 of the Act, where a
Licensing Authority rejects in whole or in part an application to vary a premises
licence the applicant may appeal to a Magistrates Court within 21 days of being
notified of the decision.
5.13
Where persons who made relevant representations in relation to an application
contend that the licence should not have been granted, or that different or
additional conditions should have been imposed on the licence, they may
appeal to a Magistrates Court within 21 days of being notified of the decision.
6.
Appendices
6.1
Day of Portugal, Streatham Common, SW16 (Streatham South Ward)
Beehive Place, 11A Beehive Place, SW9 7QR (Coldharbour Ward)
Simulacra Studio, 302-304 Barrington Road, SW9 7JJ (Coldharbour
Ward)
Page 42
Page 43
Agenda Item 3a
Licensing SubCommittee Report
Item No:
Title of Report:
Day of Portugal
Streatham Common, London SW16
Applicant:
Jose Pinto from Centro Desportivo Cultural Portugues
Application Type:
New Licence Grant
Application Date:
18 March 2015
Ward:
Streatham South
Premises Type:
Time Limited for a charity event on Streatham Common
Policy Context:
Lambeth Statement of licensing policy
Report Author:
Carol Jones
Contact Details:
020 7926 6143
Application
Summary:
The application is for a time limited premises licence for Streatham
Common for 14 June 2015 for a charity event.
Page 44
Consultation Information:
Consulted (Y/N)
Date Response
Received
Comments
summarized in report
(Y/N)
Health & Safety Section
Y
01/04/2015
Yes
Noise Service
Y
Social Services
Y
Licensing Service
Y
14/04/2015
Yes
Planning
Y
Trading Standards
Y
01/04/2015
Yes
Department(s) or
Organisation(s)
Internal
External
Fire Authority
Y
Police Licensing Unit
Y
Health Authority
Y
Policy implications:
Licensing Objectives (chapters 5 to 9, pages 12 to 20 of the policy)
The Licensing Objectives engaged by this application are: The prevention of Public Nuisance
Special Policy Area (chapter 15 and appendix 2, pages 24 and 31of the policy)

The premises is not situated in the Clapham Cumulative Impact Zone
Hours policy (chapter 4 and appendix 1, pages 11 to 12 and 29 to 35 of the policy)
Streatham Common is in the south of the borough. It is surrounded by residential properties and a
major high road on two sides of the common. The area is well served by public transport with a
terminal bus garage and an over-ground train station (Streatham Station) within a short walking
distance of the common.
Lambeth’s Licensing Policy does not specifically classify the Common and as such, there are no
hours to use as a guidance for this application.
Page 45
1. Application:
1.1
This is an application for a new premises licence under section 17 of the Licensing Act 2003
1.2
An application is seeking authorisation for the following licensable activities on
15 June 2015:
Films, Live Music, Recorded Music, Performance of Dance and Supply of Alcohol
Saturday
11:00 - 19:00
A copy of the application is attached to this report as Annex A
2. Representations:
2.1
The application has attracted five representations. These were from the Licensing Authority,
Lambeth’s Food, Health and Safety Team and Safety Advisory Group, the Police and a local
resident. The representations are based on all four of the Licensing Objectives. Copies of the
representations are attached as Annex B.
2.2
The Licensing Team have requested that if the premises licence is granted that the following
conditions should be applied to the premises licence;
Prevention of Crime and Disorder
1.
The premises licence holder shall contact the police with regards to the upholding
of the licensing objective Crime and Disorder within the event site itself for the
duration of the event, which may involve having police within the event site and at
the designated local accident and emergency unit.
2.
The artiste(s) list shall be provided to the responsible authorities by the 13th of
May 2015 this is to allow the police to determine if there are concerns with any of
the artiste.
3.
The premises shall sign up for the Business Crime Reduction Partnership
(BCRP) for the duration of the event. This shall be done by the 13th of May 2015
so that the arrangement is finalised and in place before the event commences.
4.
Security shall be provided on site during the build up and breakdown of the event
site including overnight.
5.
The capacity of the event shall not exceed 9,999 at any one time for the duration
of the event. The event organiser shall ensure that clickers are used to count
people in and out and these clickers shall not be reset to 000.
6.
The event organisers shall work closely with the police to determine the number
of Security Industry Agency (SIA) registered security officers to be deployed on
the door.
7.
All access, egress and other appropriate location to the site shall be manned by
security operatives.
Page 46
8.
The event organisers shall provide an Emergency Liaison Team (ELT) room
which shall be located in a quieter end of the site. This room shall be provided
with tables, chairs, landline telephone, an A5 plan of the whole site, contact for
the local hospitals, seat allocation for LAS, Fire Brigade and council officers.
9.
A final site inspection shall take place two hours before the public are allowed on
site.
10.
Regular meetings shall take place between the event organisers and authorised
officers, the first meeting shall take place an hour before the site is open to the
public.
11.
The licensing authority would require the presence of all key personnel and or
contractor of the licensee to be present at all of the meetings.
12.
Crowd Dispersal- The event organisers shall, working with the police determine
the best way to disperse the crowd at the end of the event such that minimal
disturbance is caused to residents, businesses and street furniture
Public Safety
13.
First Aid - The event organiser shall liaise with the London Ambulance Service
(LAS) to agree the level of first aid that shall be provided on the day. This to be
concluded by the 13th of May 2015.
14.
The nearest accident and emergency hospital unit shall be contacted before the
event and the licensing authority and LAS advised of the outcome.
15.
Signage - Goal post style signage shall be used to inform visitors of the location
of the following facilities, this is to ensure that the signs are visible from the whole
site:First aid point
Toilet facilities
Free drinking water
Exits
Lost and Found Properties
ELT Room
16.
Food - All food vendors to the venue shall comply with the requirements of
Lambeth Food Safety Officers. A list of all those who wish to provide food hot or
cold and or drinks are to ensure that all necessary paperwork are completed by
the 13th of May 2015.
17.
Gas - A gas safe engineer shall be retained by the event organisers, inspect all
gas appliances and ensure they are all in a safe working order before being
allowed on site.
18.
There shall only be one gas cylinder attached to each food stall, extra gas
cylinders shall not be stored next to the one currently being used but away in a
safe place and shall only be brought out and fitted when needed and with the
Page 47
agreement of the gas safe engineer.
19.
Generators- No petrol generator shall be allowed on site. It shall be the
responsibility of the event organisers to ensure that all generators brought in by
their contractors and or traders are diesel powered only.
20.
Glass- No glass shall be brought on site and all drinks shall be decanted into
plastic or poly-carbon containers.
21.
Temporary Structures - All documents relating to the set up of temporary
structures on site shall be provided to the council’s building control officers. The
event organisers shall contact the council building control team and ensure
officers are able to inspect the site before members of the public are allowed on
site.
22.
Electrical Systems – All electrical installations shall be carried out by a competent
and qualified personnel and comply with current national and European Union
regulations. The electrical installation shall be signed off on the day and a copy
of the certificate shall be available for inspection by authorised officers. Copies
must be retained for at least 4 weeks after the event.
23.
Toilet Facilities – A disabled toilet facility shall be provided to the first aid zone.
The following minimum sanitary provision shall be on site:Female = 50 (Flushing WCs)
Male
= 10 (Flushing WCs) + 35 Urinals
Disabled = 2 (Flushing WCs) + 1 at the First Aid Zone
Suitable and sufficient hand washing facilities shall be provided to the toilets.
24.
Disabled Parking for Visitors – The event organisers shall ensure suitable
arrangements are in place for visitors with mobility issues and have competent
stewards in place to support and assist them.
25.
Guest/Traffic Management – Inside the venue – The speed limit within the site
shall not exceed 5 miles per hour (5mph)
26.
Outside of the Venue – Security and traffic marshals shall ensure that they assist
visitors to cross the road safely, oversee joining of main traffic by vehicles leaving
the site.
27.
Emergency Access - Site access for emergency vehicles be established and
maintained clear of any obstruction at all times.
28.
Flammables- All drapes, clothes, curtains, marquees and decorations for the
stage shall be certified to the current fire resisting/retardant standards.
29.
Fire Separation - Catering outlets shall be positioned at least 2.5 metres apart
with a fencing panel being utilised to provide separation. All catering units shall
be provided with at least one operational 5kg powder or C02 extinguisher and a
fire blanket.
Page 48
Contingencies
30.
Emergency Evacuation - The event organiser shall have a procedure for the
quick and safe evacuation of the site in an emergency. This plan shall be
provided to and agreed with the Fire Brigade and the council’s emergency officer
by the 13th of May 2015.
31.
Severe Weather (Heat) (Cold) and (Wet) - The event organisers shall have a
procedure in place on how to manage these eventualities this process must be
well known to all concerned and a table top exercise before the event with
relevant key stakeholders would help to structure the form this should take.
Public Nuisance
32.
Noise – The volume of music being played on site, whether live or recorded shall
be as set by and as agreed with the council’s noise officers or as per the current
levels set for the event site.
33.
The event organisers shall employ the services of noise consultant for the
duration of the event. The consultant shall take recordings of noise levels at predetermined sensitive spots in the vicinity.
34.
The event organisers shall liaise with council noise officers on the best time to
carry out the sound checks and to set the limit.
35.
The event organiser shall have in place a means of receiving and responding
positively to complaints about noise from members of the public regarding the
event.
36.
The event organisers shall carry out a letter drop to residents in the vicinity local
residents advising of the events, its duration and contact details in case of any
complaints.
37.
Waste Disposal – Suitable and sufficient waste bins shall be provided for all
catering waste in a secure area away from the public area.
38.
Re-cycling - The event organisers shall liaise with the council’s recycling team to
explore means of minimising waste by recycling some of the waste materials on
site. To this end recycling bags shall be located next to waste points throughout
the event site. At the end of the event, the organisers shall the wider area that
may have been affected by the events are also cleaned up.
39.
Litter pickers shall operate throughout the event to ensure that inappropriate
levels of waste and combustible materials are not allowed to build up.
2.3
Protection of Children from Harm
40.
The premises shall operate a “Challenge 25” policy in relation to the provision of
Page 49
alcoholic drinks.
41.
No persons under the age of 18 shall be served alcohol, documented proof of
age shall be requested by bar staff when in doubt.
42.
Any persons deemed to be intoxicated shall not be served further alcohol and
shall be drawn to the attention of the stewards and or security.
The Food Health and Safety Team have requested that the following conditions be attached to
any premises licence granted;
1.
To complete and submit a market questionnaire, including all associated
supporting documentation 28 days before they are due to attend. Again we
acknowledge that the applicant has referred to this within their application.
2.
Also that any trader wishing to produce high risk foods at our events or markets
must be registered with their relevant local authority and have received a
minimum Food Hygiene Rating of a minimum of 3
3.
It must be stressed that the receipt of a questionnaire does not automatically
mean a business can trade. Furthermore, the Food, Health and Safety Team do
not allocate pitches and the trader should contact the event operator directly to
discuss pitch availability \ suitability.
4.
We would ask for confirmation from the event coordinator as to whether potable
water will be available for the vendors to use. All catering outlets will have
satisfactory equipment, food, and hand washing facilities, the hand washing
facilities must have hot water for hand washing (i.e. the use of hand gels as a
substitute for hand washing is not acceptable).
5.
Details of the event the provision of toilet facilities needs to be considered and
adequate provision made, ensuring the units are serviced and equipped. Toilets
for food handlers need to have facilities with hot water for hand washing, gel is
not accepted.
6.
As part of the event Management Plan the event organiser will need to carry out
all relevant risk assessments, and shall confirm the following matters in writing to
Lambeth’s Food Health and Safety Team
 What competency checks shall be undertaken on the day of the event;
 What course of action the food consultant and licence holder will undertake if
food businesses do not meet the expected standards on the day
7.
Event organiser should locate traders in the space so as not to cause nuisance
from cooking odours or smoke. Hot food traders should only be permitted to
operate in the area if they are using smokeless fuels.
8.
Cooking equipment must be sited to the rear or side of stalls on stable ground,
with barriers to protect the public from burns and flame. BBQ’s must be sited
Page 50
away from any flammable material. Equipment from food vendors should be
enclosed with the vendors stall to prevent access to the public. Details of the
type of barriers to be used should be provided.
2.4
The last date for making representation was 15 April 2014.
3. Current Licence:
3.1
Lambeth Events Team hold a premises licence in respect of Streatham Common however,
this event will not encroach on that premises licence.
4. Background History:
4.1
The Day of Portugal event has been running in Lambeth since 2006. In 2009 it was held on
Streatham Common, but for the years, 2006, 2007, 2008, 2010, 2011 and 2013 it was held
on Kennington Park. The event did not run in either 2012 or 2014.
4.2
I confirm that the event organisers have met with Lambeth’s Safety Advisory Group and
have undertaken to comply with all of the requirements of Lambeth’s Event Team and the
measures suggested by the group. A copy of the pro forma agreed with Lambeth’s Event
Team is attached as Annex C.
5. Observations:
5.1
The parts of the Statutory Guidance (October 2014) which are particularly relevant to this
application and the representations received are Chapters:2 – The Licensing Objectives;
3 – Licensable Activities;
8 – Applications for Premises Licences;
9 –Determining Applications;
10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
15 – Regulated Entertainment.
5.2
The parts of the Statement of Licensing Policy that are particularly relevant to this application
and the representations are Sections:
1.Introduction
5. The Licensing Objectives
8. Prevention of Public Nuisance
11. Compliance with other Legislation
16. Applications
19. Complaints, Representations and Reviews
Appendix 6 – Applications
Appendix 8 – Public Safety
Appendix 9 – Public Nuisance
6. Conclusion:
6.1
Members are required to consider the application in light of all the relevant information, and if
approval is given, may attach such conditions appropriate to promote the licensing objectives.
Page 51
6.2
The options available to Members of the Licensing Sub Committee are;
1 – Grant the application as it currently stands.
2 – Grant the application subject to such conditions as the authority considers necessary
for the promotion of the licensing objectives.
3 – Exclude from the scope of the licence any of the licensable activities to which the
application relates.
4 – Reject the application.
5 - To refuse to specify the individual named in the applications as the DPS
6.3
A map showing the location of the venue and photographs will be supplied at the meeting.
Appendices:
Annex A - Application form
Annex B – Representations
Annex C – Pro Forma agreed with Lambeth’s Event Team
Reference Documents:
Local Government Act 1972 –
Access to information
documents used in the
preparation of this report
1 The Licensing Act 2003 (“the Act”)
2 Amended Guidance issued under Section 182 of the Licensing
Act 2003 (March 2015) (“the Guidance”)
3 Lambeth Statement of Licensing Policy 2014 (“the Policy”)
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Page 91
Agenda Item 3b
Licensing SubCommittee Report
Item No:
Title of Report:
Beehive Place, 11a Beehive Place, London SW9 7QR
Applicant:
Theodore Cooper
Application Type:
New Licence Grant
Application Date:
16 March 2015
Ward:
Coldharbour
Premises Type:
Pop Up Restaurants
Policy Context:
Lambeth Statement of Licensing Policy 2014 - 2019
Report Author:
Ms Carol Jones
Contact Details:
020 7926 6143
Application
Summary:
This is an application for a new premises licence to allow on sales of
alcohol and recorded music.
Page 92
Consultation Information:
Department(s) or
Organisation(s)
Consulted (Y/N)
Date Response
Received
Comments
summarized in report
(Y/N)
13/04/2015
Y
08/04/2015
Y
Internal
Health & Safety Section
Y
Noise Service
Y
Social Services
Y
Licensing Service
Y
Planning
Y
Trading Standards
Y
External
Fire Authority
Y
Police Licensing Unit
Y
Health Authority
Y
Policy implications:
Page 93
Licensing Objectives (chapters 5 to 9, pages 12 to 20 of the policy)
The Licensing Objectives engaged by this application are;
 The prevention of Public Nuisance
Hours policy (chapter 4 and appendix 1, pages 11 to 12 and 29 to 35 of the policy)


This premises falls in an area deemed within Lambeth’s Policy as a ‘Major Town Centre”.
The proposed nature of the operation of the premises is as a restaurant and cafe; therefore,
the policy recommends that the terminal hour for such a premises in this area is 01:00 Friday
and Saturday and 00:00 Sunday to Thursday.
Note: The hours above are not absolute and are intended as a guide for applicants to consider when
completing operating schedules. Each application will be considered on its own merit. Applicants
seeking hours later than those indicated in the Policy should provide detailed evidence as to why their
application will not have a negative on the licensing objectives.
1.
Application:
1.1
This is an application for a new premises licence under section 17 of the Licensing Act 2003
1.2
An application is seeking authorisation for the following licensable activities:
Supply of Alcohol (for consumption on the premises)
Wednesday - Thursday
19:00 – 00:00
Friday 19:00 – 01:00
Monday - Sunday
11:00 – 01:00
Monday - Sunday
11:00 – 00:00
Recorded Music (inside the premises)
Wednesday - Thursday
Friday 19:00 – 01:00
Monday - Sunday
Monday - Sunday
19:00 – 00:00
11:00 – 01:00
11:00 – 00:00
It is proposed to open the premises to the public during the following times:
Wednesday - Thursday
19:00 – 00:00
Friday 19:00 – 01:00
Monday - Sunday
11:00 – 01:00
Monday - Sunday
11:00 – 00:00
Page 94
A copy of the application is attached to this report as Annex A.
2.
Representations:
2.1
The application attracted three representations against the grant of the licence. These were
from Lambeth’s Noise Service, the Police and a local resident. The representations were based
on the prevention of public nuisance.
2.2
The applicant has agreed a number of conditions with both the Noise Team and Police. I
confirm that both Authorities have therefore withdrawn their representation.
A copy of the representation is attached as Annex B
A copy of the agreed conditions with the Responsible Authorities is attached as Annex C
2.3
The last date for making representation was 13 April 2015.
2.4
In the past year the following TEN’s were given:








3.
3.1
From 18:00 until 23:59 on 30 and 31 January
From 18:00 until 23:59 on 06 and 07 February
From 18:00 until 23:59 on 13 and 14 February
From 18:00 until 23:59 on 20 and 21 February
From 18:00 until 23:59 on 27 and 28 February
From 18:00 until 23:59 on 06 and 07 March
From 18:00 until 23:59 on 13 and 14 March
From 18:00 until 23:59 on 20 and 21 March
Current Licence:
There is no premises licence currently in place at the venue.
4. Background History:
4.1
5.
5.1
Licensing does not hold any history in relation to this premises.
Observations:
The parts of the Statutory Guidance (March 2015) which are particularly relevant to this
application and the representations received are Chapters:
2 – The Licensing Objectives;
3 – Licensable Activities;
8 – Applications for Premises Licences;
9 –Determining Applications;
10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
15 – Regulated Entertainment.
5.2
The parts of the Statement of Licensing Policy that are particularly relevant to this application
and the representations are Sections:
1.Introduction
4. Location of Premises and Hours of Operation
5. The Licensing Objectives
Page 95
8. Prevention of Public Nuisance
16. Applications
Appendix1 – Preferred Hours
Appendix 2 – Clapham Saturation Zone (Cumulative Impact Zone)
Appendix 4 – Premises Types
Appendix 6 – Applications
Appendix 7 – Crime and Disorder
Appendix 8 – Public Safety
Appendix 9 – Public Nuisance
Appendix 10 – Protection of Children from Harm
6.
Conclusion:
6.1
Members are required to consider the application in light of all the relevant information, and if
approval is given, may attach such conditions appropriate to promote the licensing objectives.
6.2
The options available to members of the Licensing Sub Committee are:1 – Grant the application as it currently stands.
2 – Grant the application subject to such conditions as the authority considers necessary
for the promotion of the licensing objectives.
3 – Exclude from the scope of the licence any of the licensable activities to which the application
relates.
4 –To refuse to specify a person named in the application as the designated premises
supervisor.
5 – Reject the application.
6.3
A map showing the location of the venue and photographs will be supplied at the meeting.
Annex’s:
Annex A – Application form.
Annex B – The Representation.
Annex C – A list of agreed conditions with the Police and Lambeth’s Noise Service.
Reference Documents:
Local Government Act 1972 –
Access to information
documents used in the
preparation of this report
1 The Licensing Act 2003 (“the Act”)
2 Amended Guidance issued under Section 182 of the Licensing Act
2003 (October 2014) (“the Guidance”)
3 Lambeth Statement of Licensing Policy 2014 (“the Policy”)
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Page 97
ANNEX A
Lambeth
Application for a premises licence
Licensing Act 2003
For help contact
[email protected]
Telephone: 020 7926 6108
* required information
Section 1 of 19
You can save the form at any time and resume it later. You do not need to be logged in when you resume.
System reference
Not Currently In Use
Your reference
Beehive
This is the unique reference for this
application generated by the system.
You can put what you want here to help you
track applications if you make lots of them. It
is passed to the authority.
Put "no" if you are applying on your own
behalf or on behalf of a business you own or
work for.
Are you an agent acting on behalf of the applicant?
Yes
No
Applicant Details
* First name
Theodore
* Family name
Cooper
* E-mail
Include country code.
number
Other telephone number
Indicate here if you would prefer not to be contacted by telephone
Are you:
Applying as a business or organisation, including as a sole trader
Applying as an individual
A sole trader is a business owned by one
person without any special legal structure.
Applying as an individual means you are
applying so you can be employed, or for
some other personal reason, such as
following a hobby.
Applicant Business
* Is your business registered
in the UK with Companies
House?
Yes
* Registration number
09404280
* Business name
Beehive Place Limited
* VAT number
* Legal status
-
No
NONE
Private Limited Company
© Queen’s Printer and Controller of HMSO 2009
If your business is registered, use its
registered name.
Put "none" if you are not registered for VAT.
Page 98
Continued from previous page...
* Your position in the business
Home country
The country where the headquarters of your
business is located.
Registered Address
Address registered with Companies House.
* Building number or name
* Street
District
* City or town
administrative area
* Postcode
* Country
Section 2 of 19
PREMISES DETAILS
I/we, as named in section 1, apply for a premises licence under section 17 of the Licensing Act 2003 for the premises
described in section 2 below (the premises) and I/we are making this application to you as the relevant licensing authority
in accordance with section 12 of the Licensing Act 2003.
Premises Address
Are you able to provide a postal address, OS map reference or description of the premises?
Address
OS map reference
Postal Address Of Premises
Building number or name
11A
Street
Beehive Place
District
Brixton
City or town
London
County or administrative area London
Postcode
SW97QR
Country
United Kingdom
Further Details
Telephone number
Non-domestic rateable
value of premises (£)
7,800
© Queen’s Printer and Controller of HMSO 2009
Description
Page 99
Section 3 of 19
APPLICATION DETAILS
In what capacity are you applying for the premises licence?
An individual or individuals
A limited company
A partnership
An unincorporated association
A recognised club
A charity
The proprietor of an educational establishment
A health service body
A person who is registered under part 2 of the Care Standards Act
2000 (c14) in respect of an independent hospital in Wales
A person who is registered under Chapter 2 of Part 1 of the Health and
Social Care Act 2008 in respect of the carrying on of a regulated
activity (within the meaning of that Part) in an independent hospital in
England
The chief officer of police of a police force in England and Wales
Other (for example a statutory corporation)
Confirm The Following
I am carrying on or proposing to carry on a business which involves
the use of the premises for licensable activities
I am making the application pursuant to a statutory function
I am making the application pursuant to a function discharged by
virtue of Her Majesty's prerogative
Section 4 of 19
NON INDIVIDUAL APPLICANTS
Provide name and registered address of applicant in full. Where appropriate give any registered number. In the case of a
partnership or other joint venture (other than a body corporate), give the name and address of each party concerned.
Non Individual Applicant's Name
Name
Theodore Cooper
Details
Registered number (where
applicable)
Description of applicant (for example partnership, company, unincorporated association etc)
© Queen’s Printer and Controller of HMSO 2009
Page 100
Telephone number
number
Add another applicant
Section 5 of 19
OPERATING SCHEDULE
When do you want the
premises licence to start?
13
/
dd
If you wish the licence to be
valid only for a limited period,
when do you want it to end
dd
04
/
mm
/
2015
yyyy
/
mm
yyyy
Provide a general description of the premises
For example the type of premises, its general situation and layout and any other information which could be relevant to the
licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for
consumption of these off- supplies you must include a description of where the place will be and its proximity to the
premises.
The premises at 11A Beehive Place is a semi-detached brick warehouse located in a side-street on the periphery of the
central Brixton near the market. The side-street is generally commercial or office use. The warehouse is registered and used
as storage and office for the majority of the time.
The premises is composed of 5 main internal areas, over three floors, and an outside yard.
Internal:
Ground Floor: Entrance and toilets
1st Floor: Main room, front room, kitchen and store.
2nd Floor: Store
External Ground: Yard
© Queen’s
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Continued from previous page...
Whilst the principal function of the building is as an office and store it is our intention to use the premises to run occasional
exhibition events relating to food and alcohol out of office hours in the form of a 'pop-up' restaurant. Food and alcohol will
be consumed by approximately 70-100 seated guests in an evening. Attendance is principally by online reservation .
If 5,000 or more people are
expected to attend the
premises at any one time,
state the number expected to
attend
Section 6 of 19
PROVISION OF PLAYS
Will you be providing plays?
Yes
No
Section 7 of 19
PROVISION OF FILMS
Will you be providing films?
Yes
No
Section 8 of 19
PROVISION OF INDOOR SPORTING EVENTS
Will you be providing indoor sporting events?
Yes
No
Section 9 of 19
PROVISION OF BOXING OR WRESTLING ENTERTAINMENTS
Will you be providing boxing or wrestling entertainments?
Yes
No
Section 10 of 19
PROVISION OF LIVE MUSIC
Will you be providing live music?
Yes
No
Section 11 of 19
PROVISION OF RECORDED MUSIC
Will you be providing recorded music?
Yes
No
Standard Days And Timings
MONDAY
Start
End
Start
End
© Queen’s Printer and Controller of HMSO 2009
Give timings in 24 hour clock.
(e.g., 16:00) and only give details for the days
of the week when you intend the premises
to be used for the activity.
Page 102
Continued from previous page...
TUESDAY
Start
End
Start
End
Start 19:00
End 24:00
Start
End
Start 19:00
End 24:00
Start
End
Start 19:00
End 01:00
Start
End
Start 12:00
End 01:00
Start
End
Start 12:00
End 12:00
Start
End
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
Will the playing of recorded music take place indoors or outdoors or both?
Indoors
Outdoors
Both
Where taking place in a building or other
structure tick as appropriate. Indoors may
include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not
exclusively) whether or not music will be amplified or unamplified.
Occasional playing of recorded music by DJs with the primary intention being background music for diners and guests.
State any seasonal variations for playing recorded music
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the playing of recorded music at different times from those listed
in the column on the left, list below
© Queen’s Printer and Controller of HMSO 2009
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Continued from previous page...
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Section 12 of 19
PROVISION OF PERFORMANCES OF DANCE
Will you be providing performances of dance?
Yes
No
Section 13 of 19
PROVISION OF ANYTHING OF A SIMILAR DESCRIPTION TO LIVE MUSIC, RECORDED MUSIC OR PERFORMANCES OF
DANCE
Will you be providing anything similar to live music, recorded music or
performances of dance?
Yes
No
Section 14 of 19
LATE NIGHT REFRESHMENT
Will you be providing late night refreshment?
Yes
No
Section 15 of 19
SUPPLY OF ALCOHOL
Will you be selling or supplying alcohol?
Yes
No
Standard Days And Timings
MONDAY
Start
End
Start
End
Start
End
Start
End
Start 19:00
End 24:00
Start
End
Start 19:00
End 24:00
Start
End
TUESDAY
WEDNESDAY
THURSDAY
© Queen’s Printer and Controller of HMSO 2009
Give timings in 24 hour clock.
(e.g., 16:00) and only give details for the days
of the week when you intend the premises
to be used for the activity.
Page 104
Continued from previous page...
FRIDAY
Start 19:00
End 01:00
Start
End
Start 11:00
End 01:00
Start
End
Start 11:00
End 24:00
Start
End
SATURDAY
SUNDAY
Will the sale of alcohol be for consumption:
On the premises
Off the premises
Both
If the sale of alcohol is for consumption on
the premises select on, if the sale of alcohol
is for consumption away from the premises
select off. If the sale of alcohol is for
consumption on the premises and away
from the premises select both.
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the supply of alcohol at different times from those listed in the
column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
State the name and details of the individual whom you wish to specify on the
licence as premises supervisor
Name
First name
Theodore
Family name
Cooper
© Queen’s Printer and Controller of HMSO 2009
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Continued from previous page...
Enter the contact's address
Building number or name
Street
District
City or town
County or administrative area
Postcode
Country
Personal Licence number
(if known)
Issuing licensing authority
(if known)
PROPOSED DESIGNATED PREMISES SUPERVISOR CONSENT
How will the consent form of the proposed designated premises supervisor
be supplied to the authority?
Electronically, by the proposed designated premises supervisor
As an attachment to this application
Reference number for consent
form (if known)
If the consent form is already submitted, ask
the proposed designated premises
supervisor for its 'system reference' or 'your
reference'.
Section 16 of 19
ADULT ENTERTAINMENT
Highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the
premises that may give rise to concern in respect of children
Give information about anything intended to occur at the premises or ancillary to the use of the premises which may give
rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example
(but not exclusively) nudity or semi-nudity, films for restricted age groups etc gambling machines etc.
None
Section 17 of 19
HOURS PREMISES ARE OPEN TO THE PUBLIC
Standard Days And Timings
MONDAY
Start
End
Start
End
© Queen’s Printer and Controller of HMSO 2009
Give timings in 24 hour clock.
(e.g., 16:00) and only give details for the days
of the week when you intend the premises
to be used for the activity.
Page 106
Continued from previous page...
TUESDAY
Start
End
Start
End
Start
End
Start
End
Start 19:00
End 24:00
Start
End
Start 19:00
End 01:00
Start
End
Start 11:00
End 01:00
Start
End
Start 11:00
End 24:00
Start
End
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non standard timings. Where you intend to use the premises to be open to the members and guests at different times from
those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Section 18 of 19
LICENSING OBJECTIVES
Describe the steps you intend to take to promote the four licensing objectives:
a) General – all four licensing objectives (b,c,d,e)
© Queen’s Printer and Controller of HMSO 2009
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Continued from previous page...
List here steps you will take to promote all four licensing objectives together.
Full staff training and management controls to make all staff aware of the license, it's requirements and how to support the
objectives. With particular emphasis on the following:
No selling of alcohol to young people.
A training record book available at the premises.
No drunk and disorderly behavior on the premises or on leaving.
Careful monitoring to ensure no illegal drug activity takes place on the premises.
No violent or anti social behaviour as a result of the business
Protecting children from any harm.
We will display a full operating schedule with times and licensable activities.
The DPS understands their full obligation to support the licensing objectives and run the day to day activities on site,
including training and authorising the sale or alcohol.
There will be a clear 'Challenge 25' Policy, enforced by all staff.
CCTV will be installed inside the property, with a recording option.
The property is protected by metal shutters
Whenever appropriate SIA registered security staff will protect the building.
Clear signage will inform all customers of our licensing policies as well as politely requesting that they leave the premises
quietly and respectfully in accordance with our dispersal policy.
We will cooperate fully with all relevant authorities to support the objectives through partnership working.
b) The prevention of crime and disorder
We will run a CCTV system inside the premises to prevent crime, customers will be informed of this through signage.
We will not run any promotions which encourage binge drinking or irresponsible behaviour.
Security officers licensed by the SIA will be employed for any events where it is deemed neccesary.
We will keep a refusals book to record any refused entries.
Clear notices will warn customers that we will not tolerate drug usage or other criminal activity.
We will not sell alcohol to anyone visibly intoxicated.
No glass bottles or containers will be taken off the premises.
Staff will be well trained in asking customers to leave premises in an orderly and respectful manner, in accordance with our
dispersal policy.
c) Public safety
Well trained staff will be fully aware of all licensing objectives and Environmental Health obligations.
Full staff training on 'Check 25' underage ID checks.
All glasses and bottles will be cleared promptly during service.
Fire escapes routes and exits will be clearly signed with emergency lighting in case of power failure.
A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made;
those required to be made by statute, and information compiled to comply with any public safety condition attached to the
premises licence that requires the recording of such information. The log book shall be kept available for inspection when
required by persons authorised by the Licensing Act 2003 or associated legislation
All parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air
condition, sanitary accommodation and other installations, will be maintained at all times in good order and in a safe
condition
d) The prevention of public nuisance
Prominent, clear and legible signage will be displayed at the exit requesting the public to respect the needs of nearby
residents and to leave the premises and the area quietly
Bins and rubbish will be disposed of in a neat and tidy fashion during daylight hours on collection day to minimise noise
and mess.
Customers will not be admitted outside of opening hours.
No bottles or glass will be taken off the premises.
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Doors and windows will be kept closed at all times.
Lighting will be used outside the premises and be positioned and screened in such a way so as not to cause a nuisance and
deter crime and anti social behaviour. They will be switched off during closing hours.
e) The protection of children from harm
A clear "Challenge 25" sign which is a retailing initiative that encourages anyone who is over 18 but looks under 25 to carry
acceptable ID (a card bearing the PASS hologram, a photographic driving license or a passport) if they wish to buy alcohol
Appropriate staff training and a training record book available at the premises.
Under 18s must be accompanied by a responsible adult.
No Under 18s allowed on the premises after 11pm.
Clear signage will inform all customers as to our policy on age verification and children on the premises.
Section 19 of 19
PAYMENT DETAILS
This fee must be paid to the authority. If you complete the application online, you must pay it by debit or credit card.
Please enter the total fee amount payable in the red box at the end of this section.
Application fees are determined by the non-domestic rateable value of the licensed premises. You can find out the current
rateable value of your premises using the Valuation Office Agency's search engine at http://www.2010.voa.gov.uk/rli/
Band |
Rateable Value
|
Application fee amount
=========================================================
A
|
Not rated, or up to £4,300
|
£100.00
B
|
From £4,301 to £33,000
|
£190.00
C
|
From £33,001 to £87,000
|
£315.00
D
|
From £87,001 to £125,000
|
£450.00 #
E
|
£125,001 or greater
|
£635.00 #
# Premises in bands D or E used primarily for the consumption of alcohol on the premises are subject to fee multipliers,
requiring fees of £900.00 or £1,905.00 respectively.
Premises undergoing construction or redevelopment are treated as if they were in Band C for fee purposes.
Premises Licences for large capacity events will require payment of an additional fee, based upon the number of people
permitted to attend the event at any time. The additional fee must be added to the relevant fee in the above table:
Licensed capacity
|
Additional fee amount
======================================
5,000 to 9,999
|
£1,000.00
10,000 to 14,999
|
£2,000.00
15,000 to 19,999
|
£4,000.00
20,000 to 29,999
|
£8,000.00
30,000 to 39,999
|
£16,000.00
Please contact us for larger capacities.
Certain community premises, including church halls, chapel halls, village halls, community centres and schools and colleges,
which are only licensed for entertainment and NOT alcohol or late night refreshment, may be exempt from licensing
application and annual fees. Please contact us to discuss whether your premises will fall within this exemption.
* Fee amount (£)
190.00
DECLARATION
1
I understand that I must now advertise my application, and that if I do not comply with this requirement my application
* will be rejected.
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Continued from previous page...
1
*
I/we understand it is an offence, liable on conviction to a fine up to level 5 on the standard scale, under section 158 of the
Licensing Act 2003, to make a false statement in or in connection with this application.
1
*
1
PLEASE NOTE: The applicant is now required to advertise this application, by displaying a statutory notice at or near the
premises (which must remain visible and legible from outside the premises at all times, for the next 28 days), and by
*
arranging for the publication of a notice in a local newspaper (for one issue within the next 10 working days). Templates
for these notices are available from the licensing authority.
Ticking this box indicates you have read and understood the above declaration
This section should be completed by the applicant, unless you answered "Yes" to the question "Are you an agent acting on
behalf of the applicant?”
* Full name
Theodore Cooper
* Capacity
* Date
12
dd
/
03
mm
/
2015
yyyy
Add another signatory
Once you're finished you need to do the following:
1. Save this form to your computer by clicking file/save as...
2. Go back to https://www.gov.uk/apply-for-a-licence/premises-licence/lambeth/apply-1 to upload this file and continue
with your application.
Don't forget to make sure you have all your supporting documentation to hand.
IT IS AN OFFENCE, LIABLE ON SUMMARY CONVICTION TO A FINE NOT EXCEEDING LEVEL 5 ON THE STANDARD
SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION
WITH THIS APPLICATION
© Queen’s Printer and Controller of HMSO 2009
Page 110
OFFICE USE ONLY
Applicant reference number
Beehive
Fee paid
Payment provider reference
ELMS Payment Reference
Payment status
Payment authorisation code
Payment authorisation date
Date and time submitted
Approval deadline
Error message
Is Digitally signed
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Agenda Item 3c
Licensing SubCommittee Report
Item No:
Title of Report:
Simulacra Studio
Arches 302-304 Barrington Road London SW9 7JJ
Applicant:
Francois Boutemy
Application Type:
Premises Licence (variation application)
Application Date:
13th March 2015
Ward:
Coldharbour
Premises Type:
Other - Non Food Premises
Policy Context:
Lambeth Statement of licensing policy
Report Author:
Mrs. Pamela Riley
Contact Details:
020 7926 6164
Application
Summary:
This is an application for the variation of hours for the following
licensable activities:
Plays, Live Music, Recorded Music, Performances of Dance, Provision
of Facilities for Dancing and the Supply of Alcohol.
Page 120
Consultation Information:
Department(s) or
Organisation(s)
Consulted (Y/N)
Date Response
Received
Comments summarized
in report (Y/N)
9.4.15
Y
7/4/15
Y
8/4/15
Y
Internal
Health & Safety Section
Y
Noise Service
Y
Social Services
Y
Licensing Service
Y
Planning
Y
Trading Standards
Y
External
Fire Authority
Y
Police Licensing Unit
Y
Health Authority
Y
Policy implications:
Enter details under headings or delete if not required:
Licensing Objectives (chapters 5 to 9, pages 12 to 20 of the policy)
The Licensing Objectives engaged by this application are;


The prevention of crime & disorder
The prevention of public nuisance
Hours policy (chapter 4 and appendix 1, pages 11 to 12 and 29 to 35 of the policy)

The premises is classified within Lambeth’s Licensing Policy as a Photography and
design studio in a residential area
The applicant proposes to operate the premises as another entertainment venue. The Policy
recommends a terminal hour for premises of this kind in this area of 23:00hr all week.
Note: The hours above are not absolute and are intended as a guide for applicants to consider when
completing their operating schedules. Each application will be considered on its own merits. Applicants
seeking hours later than those indicated in the Policy should provide detailed evidence as to why their
application will not have a negative impact on the licensing objectives.
Page 121
1. Application:
1.1
This is an application to vary a Premises License under section 34 of the Licensing Act 2003
1.2
The current hours of activities are:
Plays
Monday - Thursday
Friday & Saturday
Sunday
18:00 - 23:00
18:00 - 00:00
12:00 -18:00
New Years Eve – 31st December 18:00 – 1st January 02:00
Live Music
Monday - Thursday
Friday & Saturday
Sunday
18:00 - 23:00
18:00 - 00:00
12:00 -18:00
New Years Eve – 31st December 18:00 – 1st January 02:00
Recorded Music
Monday - Thursday
Friday & Saturday
Sunday
18:00 - 23:00
18:00 - 00:00
12:00 -18:00
New Years Eve – 31st December 18:00 – 1st January 02:00
Performances of Dance
Monday - Thursday
Friday & Saturday
Sunday
18:00 - 23:00
18:00 - 00:00
12:00 -18:00
New Years Eve – 31st December 18:00 – 1st January 02:00
Provision of Facilities for Dancing
Monday - Thursday
Friday & Saturday
Sunday
18:00 - 23:00
18:00 - 00:00
12:00 -18:00
New Years Eve – 31st December 18:00 – 1st January 02:00
Supply of Alcohol
Monday - Thursday
Friday & Saturday
Sunday
18:00 - 23:00
18:00 - 00:00
12:00 -18:00
New Years Eve – 31st December 18:00 – 1st January 02:00
It is proposed to open the premises to the public during the following times:
Monday - Thursday
Friday - Saturday
Sunday
18:00 - 00:00
18:00 - 02:00
12:00 - 18:00
A copy of the License is attached to this report as Annex C
Page 122
1.3
An application is seeking authorisation for the following licensable activities :
Plays
Monday - Wednesday
Thursday
Friday & Saturday
Sunday
18:00
18:00
18:00
12:00
- 23:00
- 00:00
- 04:00
- 18:00
18:00
18:00
18:00
12:00
- 23:00
- 00:00
- 04:00
- 18:00
18:00
18:00
18:00
12:00
- 23:00
- 00:00
- 04:00
- 18:00
18:00
18:00
18:00
12:00
- 23:00
- 00:00
- 04:00
- 18:00
18:00
18:00
18:00
12:00
- 23:00
- 00:00
- 04:00
- 18:00
18:00
18:00
18:00
12:00
- 23:00
- 00:00
- 04:00
- 18:00
18:00 31st December - 04:00 1st January
Live Music
Monday - Wednesday
Thursday
Friday & Saturday
Sunday
31st December - 04:00 1st January
Recorded Music
Monday - Wednesday
Thursday
Friday & Saturday
Sunday
31st December - 04:00 1st January
Performances of Dance
Monday - Wednesday
Thursday
Friday & Saturday
Sunday
31st December - 04:00 1st January
Provision of Facilities for Dancing
Monday - Wednesday
Thursday
Friday & Saturday
Sunday
31st December - 04:00 1st January
Supply of Alcohol
Monday - Wednesday
Thursday
Friday & Saturday
Sunday
31st December - 04:00 1st January
It is proposed to open the premises to the public during the following times:
Monday - Thursday
Friday - Saturday
Sunday
18:00 - 00:00
18:00 - 04:00
12:00 - 18:00
A copy of the application is attached to this report as Annex A
Page 123
2. Representations:
8.1
Representations were received against the application from the Council’s Licensing Department,
Environmental Noise Service and the Metropolitan Police Licensing Unit. The representations are
based on the licensing objectives of the prevention of crime and disorder and the prevention of
public nuisance.
Redacted copies of the representation were provided to the applicant’s agent and are attached as
Annex B.
The last date for making representation was the 10th April 2015.
8.2
In the past year the following TEN’s were given:










From 00:00 until 05:00 on 16 January
From 00:00 until 04:00 on 07 and 08 February
From 00:00 until 04:00 on 01 March
From 00:00 until 04:30 on 14 and 15 March
From 00:00 until 03:00 on 22 March
From 00:00 until 04:00 on 29 March
From 00:00 until 03:00 on 04 April
From 00:00 until 04:30 on 18 April
From 00:00 until 02:00 on 03 May
From 00:00 until 04:00 on 10 May an application has been made but is pending
3. Current Licence:
9.1
There is a current premises licence in place that was granted on 19 th December 2014
A copy of the license is attached to this report as Annex C
4. Background History:
4.1
The applicant originally applied for a new grant premises licence in November 2014 and had
agreed to a reduction in hours of activities having received objections from the Council’s
Licensing Department, Environmental Noise Service and the Metropolitan Police Licensing Unit.
The licence was then issued on 12th January 2015
5. Observations:
5.1
The parts of the Statutory Guidance (October 2014) which are particularly relevant to this
application and the representations received are Chapters:
2 – The Licensing Objectives;
3 – Licensable Activities;
8 – Applications for Premises Licences;
9 –Determining Applications;
10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
11- Reviews, and
15 – Regulated Entertainment.
5.2
The parts of the Statement of Licensing Policy that are particularly relevant to this application and
the representations are Sections:
1.Introduction
2. Principles and Aspirations
Page 124
3.Scope and Purpose
4. Location of Premises and Hours of Operation
5. The Licensing Objectives
6. The Prevention of Crime and Disorder
7. Public Safety
8. Prevention of Public Nuisance
9. Protection of Children from Harm
10. Conduct of Licence Holders and DPS
16. Applications
Appendix1 – Preferred Hours
Appendix 3 - Major, District and Local Town Centres
and South Bank Strategic Cultural Area
Appendix 4 – Premises Types
Appendix 6 – Applications
Appendix 7 – Crime and Disorder
Appendix 8 – Public Safety
Appendix 9 – Public Nuisance
Appendix 10 – Protection of Children from Harm
6. Conclusion:
6.1
Members are required to consider the application in light of all the relevant information, and if
approval is given, may attach such conditions appropriate to promote the licensing objectives.
The options available to Members of the Licensing Sub Committee are;
6.2
1 – Grant the application as it currently stands.
2 – Grant the application subject to such conditions as the authority considers necessary
for the promotion of the licensing objectives.
3 – Exclude from the scope of the licence any of the licensable activities to which the
application relates.
4 - To refuse to specify the individual named in the applications as the DPS
5 – Reject the application.
Appendices:
Annex A - The application form
Annex B - The representations
Annex C – The Current premises licence
Reference Documents:
Local Government Act 1972 –
Access to information
documents used in the
preparation of this report
1 The Licensing Act 2003 (“the Act”)
2 Amended Guidance issued under Section 182 of the Licensing
Act 2003 (October 2014) (“the Guidance”)
3 Lambeth Statement of Licensing Policy 2014 (“the Policy”)
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Agenda Item 4
Page 163
b
20th April 2015
Licensing Sub-Committee
Licensing Applications for the Renewal of SEV Licenses
Item 1
1 FIRE, Arches 39 – 44 Parry Street, London SW8 1RT (Oval Ward)
Report authorised by: Strategic Director, Delivery: Sue Foster
Executive summary
This report sets out details of application(s) for grant/renewal of a Sex Establishment Licence
against which objections have been made by interested parties.
Summary of Financial Implications
There are no direct financial implications arising from this report.
Recommendation
That the application(s) set out in the Appendix to this report be considered having regard to the
Council's Sex Establishment Policy, the Statutory Guidance and the objection (s) received.
Consultation
Name of
consultee
Internal
Jonathan
Melnick
Cluster or Organisation
Date sent to
consultee
Enabling: Integrated
Support
20.04.2015.
Date response
received from
consultee
Comments
appear in
report
para(s)
Report history
Report no:
12 / 15-16
Date report drafted:
Report deadline:
Date report sent:
18.04.2015
28/04/2015
20.04.2015
Report author and contact for queries:
Robert Gardner, Licensing Manager
020 7926 6122
Page 164
Background documents
Lambeth Council’s Sex Establishment Policy
Home Office Guidance under the Local Government (Miscellaneous Provisions) Act
1982, as amended by the Policing and Crime Act 2009,
Annexes
Current SEV Licence
Copy of licence under the Licensing Act 2003
Renewal application form for FIRE, Arches 39 – 44 Parry Street, London SW8 1RT
Redacted Representation
Home Office Guidance
Lambeth Sex Establishment policy
2
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Licensing Applications for the Grant/Variation/Review of Premises Licenses Context
1.1
A licence from the Council is required for the use of a premise as a sex
establishment. A sex establishment can be a sex cinema, a sex shop or a sexual
entertainment venue, or a combination of these.
A sex cinema may show films in the 18R category, and is the only public venue where such
films may be shown. A sex shop means any premises used for a business which consists to
a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating
sex articles;
other things intended for use in connection with, or for the purpose of stimulating or
encouraging sexual activity; or
acts of force or restraint which are associated with sexual activity.
A sexual entertainment venue is any premises at which relevant entertainment is provided
before a live audience for the financial gain of the organiser or the entertainer.
Relevant entertainment means:
any live performance; or
any live display of nudity;
which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be
provided solely or principally for the purpose of sexually stimulating any member of the
audience (whether by verbal or other means).
1.2
Venues that intend to provide relevant entertainment not more than 11 times in any
rolling year are not required to licence their establishment as a sexual entertainment venue.
In order to avail themselves of this exemption operators must not have held any relevant
entertainment in the previous month.
1.3
Schedule 3 of the Local Government (Miscellaneous) Provisions Act 1982, as
amended by the Policing and Crime Act 2009, regulates the licensing of sex
establishments. A licence may be granted to any applicant, and from time to time renewed,
under this Schedule for the use of any premises, vehicle, vessel or stall specified in it for a
sex establishment on such terms and conditions and subject to such restrictions as may be
so specified. A person (includes a business) may make an application for a new sex
establishment licence or a variation to an existing licence. All applications for the grant of a
new licence are considered by the Council’s Licensing Sub-Committee.
The Sub-Committee, when considering such applications, shall carry out its function under
the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing
and Crime Act 2009, with regard to Home Office Guidance and the Council's Sex
Establishment Policy.
Where a licence is granted any standard conditions in regulations made by the Council will
automatically be imposed unless expressly excluded or varied by the Council. The Council,
through the Licensing committee, has made regulations and has also adopted policy to
facilitate consideration of applications and guidance is provided to the committee in
subsequent paragraphs of this report.
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2. Proposals and reasons
2.1 The Licensing Sub-Committee has responsibility for exercising the Council's powers in
respect of the Local Government (Miscellaneous Provisions) Act 1982, as amended by the
Policing and Crime Act 2009. Determination by the Committee of the applications appended
to this report is required because they are all new applications or applications for renewal in
respect of which objections have been received.
2.2 Details of the application(s) are set out in the Appendix to this report. All Statutory
consultation requirements have been complied with by the applicant(s) as set out in
paragraph 3 below. The results of consultation are reported in the appendices relating to
each application. Public notice has been given in accordance with the requirements of the.
Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and
Crime Act 2009.
2.3 The applicants and objector(s) have been invited to attend the meeting.
2.4 The fees for licences are set by the authority and were paid at the time the applications
were made.
3. Consultation requirements
3.1 Applicants are required to advertise the application by displaying a public notices on or
near the premises and by advertising the application in a local newspaper available in the
vicinity of premises and to copy the application to the Police. An applicant’s’ failure to
comply with any of the above consultation requirements would invalidate the application. All
applications set out in the appendix of this report have complied with the consultation
requirements.
Additionally the application has been copied to the following;
Ward Councillors
Fire Authority
Health & Safety Section
Noise Service
Police
Social Services
Town Planning
Trading Standards
4. Finance
4.1 Not applicable.
5. Legal and Democracy
5.1 The licensing of premises as sex establishments falls within the provisions of the Local
Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and Crime
Act 2009.
When considering licence applications the Sub-Committee shall carry out its functions
having regard to the Council's Sex establishment Policy and Home Office Guidance.
5.3 The Sub-Committee must ensure that all licensing decisions have:
4
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regard to the council’s Sex Establishment policy;
regard to the Home Office Guidance.
Applications must be considered with regard to the principles of natural justice and the
Human Rights Act 1998.
5.4 The purpose of Lambeth’s Sex Establishment Policy is to make clear to applicants and
relevant representatives the considerations that will be taken into account when determining
applications. It is also intended to guide the Licensing Committee when considering
licensing applications; however the Licensing Committee must consider each application on
its own merit and only allow exceptions to its own policy where the circumstances of the
application justify it.
5.5 Subject to both the Council's Sex Establishment Policy and Home Office Guidance
having been properly considered, a Sub Committee may depart from them if there are good
reasons for doing so. Full reasons must be given and Sub Committees should be aware
that such departures could give rise to an appeal or judicial review.
5.6 The Council’s Sex Establishment Policy sets out standard conditions for sex
establishments, along with further conditions for sex cinemas, sex shops and sexual
entertainment venues. An applicant may, in their application address any condition they feel
inappropriate for their venues.
5.7 When considering an application for the variation of an existing licence the following
options are open to the committee:
to make the variation specified in the application; or
to make such variations as they think fit; or
to refuse the application.
The committee are not restricted solely to making a variation as specified in the application,
and may impose of terms, conditions or restrictions other than those specified in the
application.
5.8 When considering any application for the grant, renewal or transfer of a licence the
Council must have regard to any observations submitted to them by the Chief Officer of
Police and any objections of which notice has been sent to them under paragraph 8(15) of
the Third Schedule to the 1982 Act.
The Council shall give an opportunity of appearing before and of being heard by
a committee or sub-committee of the authority:
before refusing to grant a licence, to the applicant;
before refusing to renew a licence, to the holder; and
before refusing to transfer a licence, to the holder and the person to whom he desires that
it shall be transferred.
5.9 A licence under this Schedule shall not be granted
to a person under the age of 18;
to a person who has had a sex establishment licence in the borough revoked within the
previous 12 months;
to a person, other than a body corporate, who is not resident in an EEA
5
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State or was not so resident throughout the period of six months immediately preceding the
date when the application was made;
to a body corporate which is not incorporated in an EEA State;
to a person who has, within a period of 12 months immediately preceding the date when
the application was made, been refused the grant or renewal of a licence for the premises,
vehicle, vessel or stall in respect of which the application is made, unless the refusal has
been reversed on appeal.
The Council may refuse an application for the grant or renewal of a licence on one or more
of the grounds specified below, or an application for the transfer of a licence on either or
both of the first two grounds below:
that the applicant is unsuitable to hold the licence by reason of having been convicted of
an offence or for any other reason;
that if the licence were to be granted, renewed or transferred the business to which it
relates would be managed by or carried on for the benefit of a person, other than the
applicant, who would be refused the grant, renewal or transfer of such a licence if he made
the application himself;
that the number of sex establishments in the relevant locality at the time the application is
determined is equal to or exceeds the number which the authority consider is appropriate
for that locality;
that the grant or renewal of the licence would be inappropriate, having regard
(i) to the character of the relevant locality; or
(ii) to the use to which any premises in the vicinity are put; or
(iii) to the layout, character or condition of the premises, vehicle,
vessel or stall in respect of which the application is made.
An applicant whose application for the grant or renewal of a licence is refused on either of
the last two grounds above does not have the right to appeal under this paragraph.
5.10 The Council, after giving the holder of a licence an opportunity of appearing before and
being heard by them, at any time revoke the licence on any of the following grounds;
that the holder is under the age of 18;
that the holder is a person who has had a sex establishment licence in the borough
revoked within the previous 12 months;
that the holder is a person, other than a body corporate, who is not resident in an EEA
State or was not so resident throughout the period of six months immediately preceding the
date when the application was made;
that the holder is a body corporate which is not incorporated in an EEA State;
that the holder is a person who has, within a period of 12 months immediately preceding
the date when the application was made, been refused the grant or renewal of a licence for
the premises, vehicle, vessel or stall in respect of which the application is made, unless the
refusal has been reversed on appeal;
that the applicant is unsuitable to hold the licence by reason of having been convicted of
an offence or for any other reason;
that if the licence were to be granted, renewed or transferred the business to which it
relates would be managed by or carried on for the benefit of a person, other than the
applicant, who would be refused the grant, renewal or transfer of such a licence if he made
the application himself.
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5.11 Where a licence is revoked, the council shall, if required to do so by the person who
held it, give him a statement in writing of the reasons for their decision within 7 days of his
requiring them to do so.
5.12 Where a licence is revoked, its holder shall be disqualified from holding or obtaining a
licence in the area of the appropriate authority for a period of 12 months beginning with the
date of revocation.
5.13 Any of the following persons, that is to say—
an applicant for the grant, renewal or transfer of a licence under this Schedule whose
application is refused;
an applicant for the variation of the terms, conditions or restrictions on or subject to which
any such licence is held whose application is refused;
a holder of any such licence who is aggrieved by any term, condition or restriction on or
subject to which the licence is held;
a holder of any such licence whose licence is revoked,
may at any time before the expiration of the period of 21 days beginning with date on which
the person in question is notified of the refusal of his application, the imposition of the term,
condition or restriction by which he is aggrieved or the revocation of his licence, appeal to
the magistrates’ court acting for the relevant area.
An applicant whose application for the grant or renewal of a licence is refused, on any
ground specified in paragraph below shall not have a right to appeal under this paragraph:.
o that the number of sex establishments in the relevant locality at the time the application is
determined is equal to or exceeds the number which the authority considers is appropriate
for that locality;
o that the grant or renewal of the licence would be inappropriate, having regard
(i) to the character of the relevant locality; or
(ii) to the use to which any premises in the vicinity are put; or
(iii) to the layout, character or condition of the premises, vehicle, vessel or stall in respect of
which the application is made.
An applicant whose application for the grant or renewal of a licence is refused or whose
licence is revoked on any ground set out in paragraph 5.9 (above) shall not have a right to
appeal unless the applicant seeks to show that the ground did not apply to him.
7
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Application No 1
APPENDIX I
Applicant’s name
Orange Nation
Name and address of premises
Union, Arch 66 Goding Street, London SE11 5AW
Ward
Princes Ward
Consultation:
Department(s) or Organisation(s)
Internal
Food, Health & Safety Section
Noise Service
Social Services
Licensing Service
Town Planning
Trading Standards
External
Fire Authority
Police Licensing Unit
Health Authority
1.
Consulted?
(y/n)
Date response
received
Y
Y
Y
Y
Y
Y
-
Y
Y
Y
-
Comments
summarised in
report? (y/n)
Current Licence
There is a Sexual Entertainment Venue licence in place for the venue for:Sex Cinema;
Sexual Entertainment; and
Sex Shop
A copy of the current SEV licence is appended as Annex 1
The premises also has in place a current premises licence under the Licensing Act
2003. A copy of this has been appended as Annex 2.
2.
Application
2.1
The application is for the renewal of the current licence the details of the application are
as contained within the application form which is appended as Annex 3.
3.
Details of Representation(s)
3.1
One representation from a resident, redacted copies of the representations have been
provided for the applicant and both representors have been invited to the hearing. The
representations form part of this report and is labelled Annex4.
8
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4.
Observations
4.1
The premises is a gay venue in Vauxhall and puts sometimes put on live
entertainment. The licensing authority has not received any complaint regarding the
venue since its first licence was issued in 2013. The applicant has confirmed that
he is willing for the conditions on his current licence to be applicable to the current
one.
The application is being referred to the committee as it is a requirement in the
council’s policy that all renewal applications that attracts any representation will be
referred to the licensing sub-committee.
4.2
The premises is located under the railway arches 39 - 44Parry Street and is one of a
number of gay premises in Vauxhall and also a role player in the night time economy.
The front entrance faces unto the Albert Embankment and the rear exit is at Goding
Street. No responsible authority has put in any representation against the application
nor have the police requested for any extra conditions apart from what is currently
available on the SEV licence. The premises is a member of the BID Vauxhall One and
the owner is an active member of this group. Although there is limited street parking at
Goding Street, Vauxhall is well served by public transport as there is a transport hub in
the area with several buses, over and underground buses to several parts of London.
There is also currently a police led dispersal programme in Vauxhall and the premises
should benefit from this.
4.1
The parts of the Sexual Entertainment Venues Guidance as issued by the Home Office
Annex 5 that are particularly relevant to this application and the representation(s) received
are Chapters:3.17
Applications for Sex Establishment Licence ,
3.23 - 3.24 Objections
3.27 – 3.31
Determining Applications,
3.39 – 3.42
Conditions Attached to SEV Licences, and Children.
4.2
The parts of the of Lambeth Sex Establishment Policy that are particularly relevant to this
application and the representations are Sections:
2
Premises Licences,
4 - 5 Determination of applications,
Conditions for Sex Cinema, Sex Shop and Sex Entertainment Venue. Annex 6
4.3
A map showing the location of the venue and photographs will be supplied at the meeting.
Copies of the application form and the previous licence are appended.
9
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Page 173
Agenda Item 4a
ANNEX 1
London Borough of Lambeth
Consumer Protection & Sustainability
5th floor, Blue Star House
234-244 Stockwell Road
London
SW9 9SP
Tel: 020 7926 6108
Web: www.lambeth.gov.uk/licensing/
Local Government (Miscellaneous Provisions) Act 1982,
Schedule 3 (as amended)
Sex Establishment Licence
Licence Number
SE4
Version Reference
13/02066/SEXEST
Licence valid from:
17th March 2014
Licence expires:
17th March 2015
The person or organisation identified in section 2 of this document has been granted a
licence by the council of the London Borough of Lambeth to allow the use of the premises,
vehicle, vessel or stall identified in section 1 of this document, as a sex establishment in
accordance with schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982
(as amended).
Section 1 – Details of premises, vehicle, vessel or stall
Trading name of premises, or identifying name or registration mark of vehicle/vessel/stall
Fire
Full postal address of premises, or location at which vehicle/vessel/stall is to be used as a sex
establishment
Arches 39-44 Parry Street
London SW8 1RT
Section 2 – Details of holder of licence
Name and registered or principal office address of the holder of this licence
SW8 Limited
Anchor House
School Lane
Chandler's Ford
Eastleigh SO53 4DY
Email Address contact details
Sex Establishment Licence
[email protected]
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Section 3 – Details of the activities permitted under the licence
Activities and timings permitted under this licence
Sex Cinema:
Monday - Sunday
00:00 - 00:00
Sexual Entertainment Venue:
Monday - Sunday
00:00 - 00:00
Sex Shop:
Monday - Sunday
00:00 - 00:00
The conduct of the activities referred to above shall be in accordance with the conditions
attached to this licence, as set out in Annex 1 to this licence.
The layout of the sex establishment (or location, in the case of a vehicle, vessel or stall)
shall be maintained in accordance with the plan submitted to the licensing authority with
the application, as reproduced in Annex 2 to this licence.
This licence shall have effect from the , and shall cease to have effect upon the , subject to
the provisions in paragraphs 11, 15, 16 or 17 of Schedule 3 to the 1982 Act.
Signed:
Mrs Esther Jones
Licensing Officer
On behalf of the Head of Consumer Protection & Sustainability
Date issued:
Sex Establishment Licence
2nd April 2014
Page 2
Page 175
Annex 1 – Conditions attached to this licence
LSC Hearing of 17th March 2014
RESOLVED: To grant the application with the following conditions:
Standard Conditions for Sex Establishment Licence
1. The licensee or some responsible person nominated by him in writing for the purpose of managing the sex
establishment ('the manager') shall have personal responsibility for and be present on the premises at all
times when the premises is open to the public.
2. Where the licensee is a body corporate or an incorporated body, any change of director, company
secretary or other person responsible for the management of the body shall be notified in writing to the
Council within 14 days of such change and such written details as the Council may require in respect of the
change of personnel shall be furnished within 14 days of a request in writing from the Council.
3. A copy of the licence and conditions attached to the licence shall at all times be displayed in a
conspicuous position on the premises, so as to be available for inspection by the Police, the Fire Authority
and Council.
4. The name of the person responsible for the management of the premises, whether the licensee or the
manager, shall be displayed in a conspicuous position within the premises throughout the period during
which he/she or they are responsible for the conduct of the
premises.
5. The licensee shall retain control over all parts of the premises and shall not let, licence or part with
possession of any part. The Council must be notified within 24 hours in the event that any part of the
premises is affected by the termination of a lease or other event
affecting the licensee's control of the premises.
6. The licensee shall ensure that the public is not admitted to any part of the premises that has not been
licensed.
7. No person under the age of 18 shall be admitted to the premises and a notice to this effect, shall be
displayed on the outside of the premises.
8. Neither the licensee nor any employee or agent shall personally solicit custom for the sex establishment
outside or in the vicinity of the premises when relevant entertainment is being provided.
9. The licensee shall ensure that during the hours that the premises is open for business every employee is
issued with a form of identification of a type approved by the Council indicating his/her name and that he/she
is an employee and is to be worn where practicable.
10. The licensee shall maintain a daily register in which shall be recorded the name and address of any
person who is to be responsible for managing the sex establishment in the licensee's absence and the
names and addresses of those employed in the sex establishment. The register is to be completed each day
within thirty minutes of the sex establishment being opened for business and is to be available for inspection
by the Police, the Fire Authority and Council.
11. The premises will operate a 'Challenge 25' scheme, whereby anyone who appears to be aged 25 or
younger is asked for photographic ID proof of age.
12. The only ID that will be accepted are passports, a driving licence with a photograph or Portman Group
proof of age cards bearing the 'PASS' mark hologram. The above list of acceptable proof of age items may
be extended to other forms of ID in the future with advance written agreement of the Police and Council.
13. A record of any refusal of entry shall be maintained by the licence holder and will be available for
examination by the Police and Council.
Sex Establishment Licence
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Page 176
14. No sign, device, representation, drawing, writing, display or any other matter relating to relevant
entertainment, shall be displayed on the outside of the premises or in the vicinity of the premises, except
those approved by the Council in writing.
15. Notwithstanding the licensee's duties under the Health and Safety at Work etc., Act 1974 and related
legislation and his/her obligations under any lease or other agreement for the use of the premises, he/she
shall maintain the premises in good repair and condition.
16. External doors shall be closed at all times other than when persons are entering or leaving the premises.
The external doors shall be fitted with a device to provide for their automatic closure and such devices shall
be maintained in good working order.
17. The premises shall be fitted with an inner entrance door or screen so that no part of the interior of the
premises or any of the contents of the premises shall be visible when persons are entering or leaving the
premises.
18. No access shall be permitted through the premises to any other premises adjoining or adjacent except in
the case of emergency.
19. The licensee shall submit details of the steps to be taken, for the approval of the Council, to check the
ages of customers entering the premises who appear to be between the ages of 18 and 25 in order to
ensure that they are not younger than 18. Checks will be taken to ensure that the approved steps are
implemented.
Additional Conditions for Sexual Entertainment Venues
1. No persons under 18 will be admitted to the premises at any time when any relevant entertainment is
taking place, or is scheduled to take place.
2. The Challenge 25 rule and the stipulated forms of acceptable age identification will be clearly stated both
on the premises website and on all membership applications, booking forms, customer contractual
documents and promotional literature etc.
3. No under 18's events will be hosted anywhere on the premises at any time when relevant entertainment is
provided.
4. Whilst striptease entertainment is taking place anywhere within the venue, no customer under 18 shall be
on the premises and clear notices shall be displayed at the entrance to the premises in a prominent position
so that it can easily be read by persons entering the premises in the following terms.
NO PERSONS UNDER 18 TO BE ADMITTED
ENTERTAINMENT WITHIN THESE PREMISES INVOLVES A FORM OF NUDITY
IF YOU ARE LIKELY TO BE OFFENDED, PLEASE DO NOT ENTER.
5. The only form of relevant entertainment that is approved and may be provided at the premises is
striptease entertainment in the form of tableside, pole dancing and strip tease on stage or similar by club
performers only.
6. The licensee shall provide a suitable dressing room or rooms where the performers may change and shall
provide within the room a wash hand basin with a hot and cold water supply.
7. All performers are to be fully clothed at all times in transit from a dressing room to a performance area and
are to be escorted at all times during transit and performance by SIA registered security.
8. Striptease performances shall only be given by employed performers or performers provided by external
promoters and no member of the public or staff shall be permitted to participate in the performances in any
way or at any time.
9. There shall be no simulated sexual acts between performers of striptease.
10. There shall be no deliberate physical contact between the customer and the dancer, with the exception
of shaking hands with a customer and/or leading a customer by the hand from a seated area to a booth for a
private dance.
Sex Establishment Licence
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Page 177
11. There will be a minimum 1 metre separation between performers and audience.
12. There shall be no striptease performance to customers seated at a bar or to standing customers except
for stage performances of relevant entertainment.
13. Tableside striptease performers are to remain standing during a performance of striptease.
14. Performers shall only perform on the stage area or at a tableside to seated customers.
15. There shall be no physical contact between performers whilst performing nude.
16. Performers may never give out personal information, including telephone numbers, email addresses or
other contact details to audience members.
17. Performers may never accept any telephone number, addresses, business card or any other information
from any customer.
18. The performers must not remove any of the customers' clothing at any time.
19. The private booths will be designed in such a way that there can be no curtain or other visual barrier that
can be pulled across the entrance, thus concealing activities inside the booth area
20. All booths will have adequate lighting to ensure the safety of the dancer and to ensure that the member /
guest / audience and the performer are adhering to the Club rules at all times.
21. Striptease performers are to re-dress at the conclusion of a performance and are to remain fully clothed
whilst acting in the capacity of host or hostess, but may work solely behind the bar topless
22. Prior to employment all performers are to be given a copy of the venue's Code of Conduct (including
these conditions). This Code of Conduct is to be rigorously enforced by the venue management.
23. At those times when public entertainment is by way of striptease or topless persons are serving at the
bar, a minimum of two Security Industry Authority registered door supervisors shall be employed on the
premises during striptease performance hours. At least one shall be permanently employed in the bar, who
will ensure that the venue's Code of Conduct is upheld. The security staff/DPS will also regularly monitor the
public toilets and changing areas.
24. A notice of the Code of Conduct for customers as agreed with the Police shall be positioned at the
entrance, bar area and table menus. It shall be of an adequate size font (16) so that it can be easily read by
the customer.
25. A record shall be kept at the premises of the real names, addresses and "stage names" of all striptease
and nude performers. This record shall be readily available to the Police and for Council upon reasonable
request.
26. All performers will be aged over 18 years of age and legally entitled to work in the UK before they
perform at the Club.
27. The proprietor/director of the company is to ensure that prior to employment, all performers provide
documents proving that they are over 18 years of age. Such documents are to be copied and retained on the
performer employment file.
28. All performers employment files are to be retained for the period of the person's employment. All files are
to be made available to the statutory authorities upon request if required for investigative purposes.
29. Where the proprietor/director employs performers from an agency, the performers must provide the
relevant documentation as required in conditions 25 and 27. Details of the agency providing the performers
are to be made available to the statutory authorities
upon request.
30. The licence holder shall ensure no performers are trafficked, exploited or controlled for another's gain.
Sex Establishment Licence
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Page 178
31. Where possible all performers will be escorted from the premises at the end of each evening to their
transport (e.g. taxis) to ensure their personal safety and security.
32. The Police are to be informed of any assaults on staff, whether or not the victim wishes further action to
be taken.
33. The whole of the venue, excluding performers' locker areas, is to be monitored by CCTV. This system is
to be installed, maintained and operated as agreed with a police crime prevention officer and is to be
operating and recording at all times that the premises are open to the public. The recordings are to be
retained for a period of 28 days. The tapes are to be made available to the statutory authorities only upon
request and are not to be made available to any other person for viewing.
34. The licensee will ensure that there is no display outside the premises of photographs or other images
that indicate or suggest that full nudity or similar entertainment takes place on the premises.
35. Any promotional website for the premises must comply with the Advertising Standards Agency (ASA)
regulations and will not display photographs or other images of topless females or nude performers, or show
photographs or other images that may reasonably be
construed as offensive.
36. The premises website and all promotional literature will include a clear requirement stating the Challenge
25 proof of age.
37. Any promotional literature circulated outside of the premises will not display photographs or other images
of topless females or nude performers, or show photographs or other images or words that may reasonably
be construed as offensive.
Additional Conditions for Sex Cinemas
1. No sex articles or other things intended for use in connection with, or for the purpose of stimulating or
encouraging sexual activity or acts of force or restraint which are associated with sexual activity shall be
displayed, sold, hired, exchanged, loaned or demonstrated in a sex cinema.
2. No fastenings of any description shall be fitted upon any booth or cubicle within the Sex Establishment,
nor shall more than one person (including any employee) be present in any such booth or cubicle at any
time.
3. No film or video film shall be exhibited, sold or supplied unless it has been passed by the British Board of
Film Classification and bears a certificate to that effect, and is a reproduction authorised by the owner of the
copyright of the film or video film so certified. Any such film or video film shall comply with the Video
Recordings Act 1984.
Sex Establishment Licence
Page 6
Page 179
Annex 2 – Plan of the authorised layout (or position) of the sex establishment
Sex Establishment Licence
Page 7
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Page 181
ANNEX 2
London Borough of Lambeth
Consumer Protection & Sustainability
5th floor, Blue Star House
234-244 Stockwell Road
London
SW9 9SP
Tel: 020 7926 6108
Web: www.lambeth.gov.uk/licensing/
Licensing Act 2003
Premises Licence
Premises Licence Number
Prem829
Version Reference
13/00189/PRMTRN
Part 1 – Premises Details
Postal address of premises including Post Town & Post Code, or if none, ordnance survey map
reference or description
Fire
Arches 39-44 Parry Street
London
SW8 1RT
Telephone number
020 7468 5591
Where the licence is time limited the dates
Licensable activities authorised by the licence
Films (indoors only)
Live Music (indoors only)
Recorded Music (indoors only)
Performances of Dance (indoors only)
Provision of Facilities for Making Music (indoors only)
Provision of Facilities for Dancing (indoors only)
Late Night Refreshment (indoors only)
Supply of Alcohol
The times the licence authorises the carrying out of licensable activities
Films
Monday - Sunday
00:00 - 00:00
Live Music
Monday - Sunday
00:00 - 00:00
Recorded Music
Monday - Sunday
00:00 - 00:00
Performances of Dance
Monday - Sunday
00:00 - 00:00
Provision of Facilities for Making Music
Monday - Sunday
00:00 - 00:00
Premises Licence
A-1
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ANNEX 2
Provision of Facilities for Dancing
Monday - Sunday
00:00 - 00:00
Late Night Refreshment
Monday - Sunday
23:00 - 05:00
Supply of Alcohol
Monday - Sunday
00:00 - 00:00
The opening hours of the premises
Monday – Sunday
00:00 - 00:00
Where the licence authorises supplies of alcohol whether these are on and/or off supplies
Alcohol may be supplied for consumption both on and off the premises
Premises Licence
A-2
Page 183
ANNEX 2
Part 2
Name, (registered) address, telephone number and email (where relevant) of holder of
premises licence
SW8 Limited
Unit C Anchor House, School Lane
Chandler's Ford
Eastleigh
Hampshire
SO53 4DY
Registered number of holder, for example company number, charity number (where applicable)
Registered Company Number
06344341
Name, address and telephone number of designated premises supervisor where the premises
licence authorises the supply of alcohol
Phillipe Chiarella
Personal licence number and issuing authority of personal licence held by designated premises
supervisor where the premises licence authorises the supply of alcohol
Personal Licence No: LEW2928
Licensing Authority: London Borough Of Lewisham
Signed:……………………
On behalf of the Head
of Consumer Protection
and Sustainability
Dated:…………………….
Premises Licence
A-3
Page 184
ANNEX 2
Annex 1 – Mandatory conditions
1
MANDATORY CONDITIONS (Alcohol - on)
Condition A1.
No supply of alcohol may be made under this licence:
a)
b)
At a time that there is no designated premises supervisor in respect of the premises licence;
or
At a time when the designated premises supervisor does not hold a personal licence or his
personal licence is suspended.
Condition A2.
Every supply of alcohol under this licence must be made or authorised by a person who holds a
personal licence.
Condition A3.
(1)
The responsible person shall take all reasonable steps to 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 condition, 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 in a manner which carries a
significant risk of leading or contributing to crime and disorder, prejudice to public safety,
public nuisance, or harm to children–
(a)
(b)
(c)
(d)
(e)
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);
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
(other than any promotion or discount available to an individual in respect of alcohol
for consumption at a table meal, as defined in section 159 of the Act);
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;
provision of free or discounted alcohol in relation to the viewing on the premises of
a sporting event, where that provision is dependent on–
i)
the outcome of a race, competition or other event or process, or
ii)
the likelihood of anything occurring or not occurring;
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.
Condition A4.
The responsible person shall ensure that no alcohol is dispensed 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).
Condition A5.
The responsible person shall ensure that free tap water is provided on request to customers where it
is reasonably available.
Premises Licence
A-4
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ANNEX 2
Condition A6.
(1)
The premises licence holder or club premises certificate holder shall ensure that an age
verification policy applies to the premises in relation to the sale or supply of alcohol.
(2)
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 a
holographic mark.
Condition A7.
The responsible person shall ensure that–
(a)
(b)
2
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; and
customers are made aware of the availability of these measures.
MANDATORY CONDITIONS (Films)
Condition F1.
The admission of persons under the age of 18 to the exhibition of films must be restricted in
accordance with any recommendation of a film classification body, or where there is no such
recommendation, the recommendation of the licensing authority.
3
MANDATORY CONDITIONS (Security)
Condition S1.
Each individual at the licensed premises to carry out a security activity (an activity to which
paragraph 2(1)(a) of Schedule 2 of the Private Security Industry Act 2001 applies, and which is
licensable conduct for the purposes of that Act) must:
a)
b)
Premises Licence
be authorised to carry out that activity by a licence granted under the Private Security
Industry Act 2001; or
be entitled to carry out that activity by virtue of section 4 of that Act.
A-5
Page 186
ANNEX 2
Annex 2 – Conditions consistent with the Operating Schedule
1
GENERAL
The designated premises supervisor shall retain control over all the day to day management of the
premises to ensure that the licensing objectives are fully promoted and adhered to.
All managers to hold the relevant BII qualifications for liquor licences.
CONVERTED P.E.L. CONDITIONS
1.
The number of persons accommodated in Arch 41 shall not exceed 250 persons at any one
time, and in Arch 42 shall not exceed 300 persons at any one time.
2.
The licensee shall maintain management control at all time to ensure local overcrowding
does not occur.
3.
Portable LPG gas heaters shall not be used when members of the public are on the premises
and the premises are in use under this licence.
4.
Members of the public shall not be allowed access to the storeroom at any time.
5.
A sound limiting device shall be installed within the premises which shall be set and
maintained by the Licensee at the cut out level determined by the Council.
6.
[Removed by variation in January 2007]
7.
All metal gates, shutters and grills including the gates on the rear of the premises to Parry
Street shall be locked open by the means of a key or padlock device when the licence is in
use. A weather-proof sign shall be provided adjacent to the gates on to Parry Street "THESE
GATES ARE TO BE LOCKED OPEN WHEN FIRE NIGHTCLUB IS IN USE".
8.
A suitable barrier shall be installed to the rear of the elevated DJ position to ensure staff and
performers do not encroach on to the roof of the WC accommodation.
9.
The licensee shall ensure that no public are admitted to the elevated DJ position.
10.
The Cloakroom in the front foyer shall be staffed at all times.
11.
[Removed by variation in January 2007]
12.
Refurbished Arch 42 is suitable for public entertainment for 300 persons.
13.
[Removed by variation in January 2007]
POLICE P.E.L. CONDITIONS for FIRE, Arch 41 Parry St. SW8
1.
CCTV covering areas inside and outside of club to police recommendations with properly
maintained log arrangement and tapes kept for 31 days. CCTV to comply with the Data
Protection Act 1998 and be operational when licence is in use.
2.
Door supervisors to have effective communications between each other and to effectively
police queues in busy periods.
3.
There shall be no discounting of alcoholic drinks at the point of sale to members of the
public (e.g. No 'all you can drink for £££ entry fee' promotions to take place) unless
specifically agreed by Lambeth Council and Lambeth Police at least 4 weeks prior to the
event taking place.
Premises Licence
A-6
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ANNEX 2
4.
Substantial food available at all times.
5.
[Removed by variation in April 2010]
6.
Non-alcoholic and soft drinks available at all times bar is open. Drinking water to be
available at all times.
7.
[condition removed on review October 2011]
8.
Everyone, including entertainers and their equipment, to be searched for illegal articles as a
condition of entry to club at licensees discretion and upon police advice.
9.
All drinking vessels in which drinks are served shall be of strengthened glass (tempered
glassware) in a design whereby in the event of a breakage the glass will fragment and no
sharp edges are left. Alternatively plastic type drinking vessels to above breakage
specifications may be used.
10.
No gaming other than permitted gaming machines.
11.
Fully trained first aider on premises at all operating times.
12.
Drug log and Incident/refusals book and log to be used on the premises.
13.
All reasonable efforts to be employed to keep patrons quiet prior to entry of the club and
upon leaving the club.
14.
Police to be allowed access to all parts of venue at times when the licence is being used.
Additional conditions in the event of outside promoters organising events such as R&B, garage, hiphop and the like.
1.
Metal detecting wand to be employed to search all persons entering the premises.
2.
Promoters to supply details of address and provide photo ID for himself and performers.
3.
Promoters of events to have permanent, verifiable office or home premises.
4.
Promoters to have permanent, verifiable landline phone.
5.
Outside promoters/licensees to give police at least 3 weeks notice of band/s booked for an
event at the premises.
6.
Three references from band stating where they have performed before in similar type/sized
premises.
7.
No booking of bands before police advice.
The owners and management of FIRE must be fully aware that they have a duty of care to their
employees, members of the public and persons acting in an official capacity, in and around their
premises. This fact is primarily important should the event being held attract undesirable elements
or anti-social behaviour. Thus a proper risk assessment of any proposed events must be undertaken
by the management, including liaison with police. Ultimate responsibility for safety rests with the
management of the premises.
2
PREVENTION OF CRIME AND DISORDER
The premises licence holder or the designated premises supervisor shall ensure that the CCTV is
maintained in working order, that recordings are retained for an appropriate period of time.
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The premises shall operate a zero tolerance policy to the supply and use of drugs.
The designated premises supervisor shall not promote or encourage irresponsible drinks promotions
or discounting of prices for alcoholic beverages.
The premises shall employ a minimum number of door staff to enable one door/staff/steward to
cover all usable entrances and exits. When all floor areas are use, a minimum of five door
staff/stewards shall be employed. This number shall be increased when customer numbers exceed
350 persons.
All open/exit doors are to be manned at all times.
The management shall maintain radio communication with door staff.
Management shall hold regular meetings with door staff to discuss any problems that may have
arisen and actions that can be taken to ensure these are prevented in the future.
Any event at the premises shall be risk assessed to establish the requisite door staff.
The door staff shall be used to ensure the premises operates in accordance with set capacity.
The premises licence holder or designated premises supervisor shall ensure that police
instructions/directions are complied with whenever given.
The premises licence holder or designated premises supervisor shall liaise with the police to ensure
that arrangements are in place to reduce any possibility of crime and disorder at the premises.
3
PUBLIC SAFETY
Management shall ensure that the safety of neighbours and passers-by to the premises is treated as
seriously as the safety of all staff and customers.
The premises shall be managed in accordance with strict health and safety procedures and shall
have in place all necessary policies and risk assessments so as to ensure the safety of all those in
and around the premises.
Risk assessments shall be reviewed at regular intervals.
The electrical installation shall be maintained in a safe manner and up to date.
The emergency lighting batteries, fire alarm-warning system and fire fighting equipment are to be
maintained in good working order.
All relevant staff are to be given training in evacuation procedures and in dealing with conflict and
drug awareness.
The premises licence holder or persons acting under their authorisation shall ensure an adequate
and appropriate supply of first aid equipment and materials is available in the medical room on the
premises.
The premises licence holder or persons acting under their authorisation shall ensure, if necessary
that at least one suitably trained dedicated medic shall be on duty when the public are present on
the premises.
4
PREVENTION OF PUBLIC NUISANCE
All outlets used to emanate music shall be routed via the sound limiting device currently in place.
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All doors and windows are to be closed whilst amplified music is being played within the premises.
These doors are to be monitored by door supervisors so as to ensure they remain closed at required
times. Suitable alternative means of ventilation shall be provided to the premises.
The air conditioning system shall be insulated so as to avoid any disturbance and are to be serviced
on a regular basis.
The premises licence holder shall have in place an effective door control policy.
Door supervisors shall be provided to the licensed premises to maintain orderly queuing outside of
the premises.
The premises licence holder shall ensure that prominent, clear and legible signage are displayed at
the exits of the premises requesting customers leaving the premises late at night to do so quietly
and with consideration so as no to disturb nearby residents.
Illegal minicabs and touts are to be actively discouraged and liaison shall take place with the police
on reducing this.
Deliveries to the premises are to be made during daylight hours so as to minimise any disruption to
nearby residents.
The outside environs of the premises are to be swept on a regular basis and maintained clean.
The CCTV system is to cover the external parts of the premises.
5
PROTECTION OF CHILDREN FROM HARM
The premises licence holder shall operate a strict procedure to ensure that underage clientele do not
gain access to the premises.
The premises licence holder or designated premises supervisor or persons acting under their
authorisation, shall when deemed necessary, request for proof of age, such as photo-driving
licences, PASS accredited proof of age cards, student cards, and passports.
Prominent notices shall be displayed at points of sale advising customers that they may be asked to
provide proof of age.
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Annex 3 – Conditions attached after a hearing by the licensing authority
1
LICENSING SUB-COMMITTEE 12/10/2011
The licence shall be suspended for a six week period.
Conditions
1.
When all floors are in use, a minimum of 10 SIA licensed supervisors shall be on duty at the
Premises at all times whilst it is open for business. When the Premises are partially open, a
minimum of 6 SIA licensed supervisors shall be on duty at the Premises at all times.
2.
A minimum of 2 SIA licensed supervisors wearing high-visibility vests shall conduct regular
patrols of the Premises, including toilet and smoking areas.
3.
All persons entering or re-entering the Premises shall be searched by an SIA trained
member of staff and monitored by the Premises CCTV system. All staff responsible for
searching shall be trained to recognise different illegal substances and prescribed
medication.
4.
Searching of patrons and entertainers prior to entry must be a requirement of entry and reentry. A minimum of a metal detector wand must be available for use in searching when
determined necessary and a thorough frisk will be employed for all persons entering the
Premises, to include promoters, artists and entertainers but not responsible authority’s
personnel or Police on duty. This search will not only be for weapons but also illegal
substances such as drugs. No search – no entry.
5.
The Premises’ management shall regularly conduct and record random searches of staff. All
staff must be made aware of this policy.
6.
The premises shall maintain a record, including photographs where possible, of all known
persons banned from the Premises. This record shall be made available to the Police and
other local licensed premises on request.
7.
Save for cases of emergency or unforeseen circumstances, there shall be a minimum of two
personal licence holders on duty on the Premises at all times when the Premises are
authorised to sell alcohol.
8.
A direct telephone number for the duty manager at the Premises shall be publicly available
at all times the Premises is open. This telephone number is to be made available to
residents and businesses in the vicinity.
9.
Where possible, drinks shall be served in bottles, cans or other anti-tamper containers to
help reduce the possibility of contamination.
10.
Notices shall be displayed in the Premises warning patrons about the possibility of
contamination.
11.
A member of the Premises’ management or SIA licensed supervisor shall conduct regular
patrols of the Premises with a headcam or similar device at all times the Premises are open
for business.
12.
A member of staff shall monitor the CCTV screens at all times the Premises are open for
business.
13.
The Premises’ management shall conduct a random covert patrol of the Premises on not less
than 12 occasions each calendar year. Staff shall not be made aware of the dates of the
covert patrols. The covert patrols shall be undertaken by persons unknown to the Premises
staff. A report of each covert patrol shall be made available to the police or responsible
authority on request.
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2
14.
The Premises shall undertake annual crime prevention surveys.
15.
The Premises shall display notices via sign and or video displays warning customers about
the harmful effects of drugs.
16.
The Premises shall employ a Social Responsibility Officer. The duties of the Social
Responsibility Officer shall include liaison with local residents, community groups and
responsible authorities.
17.
During the opening hours of the Premises and the half hour period after closing, the
immediate area outside the Premises shall be swept and or washed, and litter and
sweepings collected and stored in accordance with approved refuse storage arrangements.
18.
No patron shall be permitted to leave the Premises with drinks.
19.
The Premises shall not distribute leaflets or similar promotional material in the local area.
LICENSING SUB-COMMITTEE 20/10/2009
Variation of premises licence to include Arches 44a-d was granted on 20/10/2009 with the condition
to the operating schedule where patrons should not exceed 1435.
3
LICENSING SUB-COMMITTEE 10/07/2007
1.
The management of the premises must adhere to the guidance in the Metropolitan Police’s
'Safe and Sound' policy (or updated version when applicable), with documented door search
policy including drug seizures and disposal of same. The DPS will make reasonable efforts to
meet with Police to jointly monitor the management of the premises.
2.
A CCTV system will be installed and maintained, covering areas inside and outside of the
premises on the advice, and to the satisfaction of, the Metropolitan Police Crime Prevention
Officer and will be of a standard approved by the Crime Prevention Officer. Recordings will
be retained for 31 days and a properly maintained log system will be employed. CCTV to
comply with the Data Protection Act 1998 when the premises are open to patrons at least
one person on the premises will be conversant with the CCTV system. A copy of the CCTV
shall be made readily available to the Police or other licensing authority upon request or
with the absolute minimum of delay.
3.
Door supervisors to have effective communications between each other and to effectively
police queues in busy periods.
4.
There shall be no discounting of alcoholic drinks at the point of sale to members of the
public unless specifically agreed by Lambeth Council and Lambeth Police at least 4 weeks
prior to the event taking place.
5.
There shall be no offers by which two alcoholic drinks may be purchased for the price of
one; there shall be no "happy hours"; there shall be no promotions by which an unlimited
amount of alcohol may be sold or supplied to any customer upon payment of a set price.
6.
All other alcoholic drinks promotions shall be agreed with the Police prior to implementation.
7.
Non-alcoholic and soft drinks available at all times the bar is open.
8.
Free drinking water shall be made available at all times the club is open. Drinking water taps
must be clearly marked as such and readily accessible to patrons.
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9.
The DPS, (or a person with the written authority of the DPS) shall remain on the premises at
all times the club is open and act solely as DPS.
10.
A door supervisor company agreed by the Police to be appointed.
11.
A drugs safe and log system will be employed at the premises to account for the seizure of
drugs from patrons. The premises management will liaise with Police for regular collection of
seized drugs.
12.
The services of a drugs detecting sniffer dog shall be used at least twice a month for the
first three months after the determining of the variation application.
13.
[condition removed on review October 2011]
14.
Security personnel and other staff must patrol the club to seek out drug dealing and usage
and prevent the same.
15.
DPS/Managers are to personally, and by use of the CCTV system, monitor the actions of the
security staff at frequent, irregular intervals, and at the very least once an hour.
16.
The premises management will become members of, and actively participate in, a pubwatch
scheme (or similar) if one should be running in the area.
17.
Sufficient fully trained medics will be employed on the premises at all times that the
premises are open to the public to deal with potential medical problems. These medics will
be proactive in checking patrons prior to entry to the club for signs of drugs abuse or
drunkenness. They will also patrol the interior of the club to assess patrons for signs of
drugs abuse and excess alcohol use and offer medical aid and bring the condition of the
person to the attention of management, who will act responsibly within the law and
guidelines to deal satisfactorily with the situation. The venue will provide first aid facilities
commensurate with the type of event and medical problems expected and detected.
18.
A log will be maintained to show trained medics on duty at any time and what medical
assistance has been provided to any persons.
19.
A record shall be kept of the number of staff who are on duty at all material times that the
club is open to the public.
20.
All registers and logs mentioned in these conditions shall be made available to Police or
other relevant authority immediately upon request.
21.
The DPS and manager at the premises shall be familiar with all the licence conditions.
22.
All staff working at the premises, whether paid or unpaid, shall be trained in the recognition
of drug related problems and how to deal with same, and in particular de-hydration, heat
stroke, anxiety and paranoia. A record shall be kept of dates and content of persons so
trained.
23.
Those so affected by drugs or drunkenness will be refused entry to the premises.
24.
[Removed by variation in April 2010]
25.
All drinking vessels in which drinks are served shall be of strengthened glass (tempered
glassware) in a design whereby in the event of a breakage the glass will fragment and no
sharp edges are left. Alternatively plastic type drinking vessels to above breakage
specifications may be used.
26.
No customers apparently carrying open bottles shall be admitted to, nor be allowed to take,
open drinking vessels from the premises or grounds thereof, at any time the premises are
open to the public.
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27.
All reasonable efforts are to be employed to keep patrons quiet and orderly prior to entry of,
and upon leaving, the club. The management erecting prominent signage can assist this.
28.
Club staff or security will monitor the number of patrons entering the premises by the use of
'clickers' or similar effective method. The numbers of patrons will be recorded every 30
minutes.
29.
The premises shall display signage informing patrons:
 to leave quietly and to respect your neighbours
 stating that CCTV is in operation and Police have instant access to the footage
 searching of patrons prior to entry is a requirement of entry - no search - no entry
30.
DPS/Managers are to personally, and by use of the CCTV system, monitor the actions of the
security staff at frequent, irregular intervals, and at the very least once an hour.
31.
An incidents/refusals book and a drugs log will be maintained at the premises. Upon
request, it will be readily available for inspection by the Police or other licensing authority.
32.
Police to be allowed access to all parts of the venue at times when the club is being used.
33.
In the event of outside promoters putting on events/promotions at the premises Police will
decide what further measures are required to be implemented for safe running of the club.
These measures will be determined upon the club submitting timely risk assessment forms
to the relevant Police department. In the event of an outside promoter potentially being
employed at the premises no promotion will take place if the risk assessment forms have
not been submitted in time and Police are satisfied that the crime prevention objectives will
be met. No booking of bands before Police advice.
34.
The Council encourages the licensee to seek periodic liaison meetings with local residents.
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Annex 4 – Plans
Due to the size of the plans in respect of this premises, it has not been possible to reproduce them in this
space. However, for the avoidance of doubt, the authorised layout of the premises is as shown on drawing
number(s) MW13-002, rev E (15/03/2009), as submitted to the licensing authority in March 2009.
Original copies of the plan(s) are held on file by the licensing authority, and may be inspected at our offices.
The licensed area comprises arches 39a, 40, 41, 42, 43, 44, 44A, 44B, 44C and 44D.
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London Borough of Lambeth
Consumer Protection & Sustainability
5th floor, Blue Star House
234-244 Stockwell Road
London
SW9 9SP
Tel: 020 7926 6108
Web: www.lambeth.gov.uk/licensing/
Licensing Act 2003
Premises Licence Summary
Premises Licence Number
Prem829
Version Reference
13/00189/PRMTRN
Premises Details
Postal address of premises including Post Town & Post Code, or if none, ordnance survey map
reference or description
Fire
Arches 39-44 Parry Street
London
SW8 1RT
Telephone number
020 7468 5591
Where the licence is time limited the dates
Licensable activities authorised by the licence
Films (indoors only)
Live Music (indoors only)
Recorded Music (indoors only)
Performances of Dance (indoors only)
Provision of Facilities for Making Music (indoors only)
Provision of Facilities for Dancing (indoors only)
Late Night Refreshment (indoors only)
Supply of Alcohol
The times the licence authorises the carrying out of licensable activities
Films
Monday - Sunday
00:00 - 00:00
Live Music
Monday - Sunday
00:00 - 00:00
Recorded Music
Monday - Sunday
00:00 - 00:00
Performances of Dance
Monday - Sunday
00:00 - 00:00
Provision of Facilities for Making Music
Monday - Sunday
00:00 - 00:00
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Provision of Facilities for Dancing
Monday - Sunday
00:00 - 00:00
Late Night Refreshment
Monday - Sunday
23:00 - 05:00
Supply of Alcohol
Monday - Sunday
00:00 - 00:00
The opening hours of the premises
Monday - Sunday
00:00 - 00:00
Where the licence authorises supplies of alcohol whether these are on and/or off supplies
Alcohol may be supplied for consumption both on and off the premises
Name, (registered) address of holder of premises licence
SW8 Limited
Unit C Anchor House, School Lane
Chandler's Ford
Eastleigh
Hampshire
SO53 4DY
Registered number of holder, for example company number, charity number (where applicable)
Registered Company Number
06344341
Name of designated premises supervisor where the premises licence authorises the supply of
alcohol
Phillipe Chiarella
State whether access to the premises by children is restricted or prohibited
The premises licence holder shall operate a strict procedure to ensure that underage clientele do not gain
access to the premises.
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Annex 5
LONDON BOROUGH OF LAMBETH SEX ESTABLISHMENT POLICY
1. Background
1.1 This policy sets Lambeth Council’s approach to the licensing and regulating
of sex establishments in the borough. It is intended to guide potential
applicants, holders of licences and those who wish to object to applications.
The scope of the policy includes, sex shops, sex cinemas and sexual
entertainment venues. Definitions are provided in appendix 1
1.2. The London Borough of Lambeth is an inner London borough, it has a very
diverse population of 272,000, with 33% of the population from ethnic
minorities. The population density is high, at 99.2 persons per hectare
compared with 45.6 for inner London as a whole and 3.8 for England.
1.3 Each application received will be considered on its own merit, and subject
to the approach set out in this policy. The purpose of this policy is to give
potential applicants an indication of the matters that their application will be
tested against when an application is made.
1.4 The Council may for an individual case depart from this policy, if the
circumstances merit such a decision. If such a decision is taken, full
reasons for the departure from the policy will be given.
1.5 The public consultation about the content of this policy was carried out
between 21.03.2011 and 02.05.2011. The responses to the consultation
have been considered in the drafting of this policy. The following were
consulted, ward councillors, local area forums, town centre managers, All
Tenants’ and Residents’ Association Chairs and Secretaries, Premises
Licence Holders for existing SEVs, Vauxhall Gay Business Forum,
Domestic Violence Managers, Lambeth Police (selected officers working in
Domestic Violence / Violence Against Women & Girls) and Object.
1.6 As part of its duty to promote equality, the Council has carried out a full
Equalities Impact Assessment on this policy. The findings of the
assessment have been incorporated in this policy.
2. Requirement for a licence
2.1 The legal controls for sex establishment premises are contained in the
Local Government (Miscellaneous Provisions) Act 1982 (the Act) as
amended by Section 27 of the Police and Crime Act 2009.
2.2 The Act does not apply to bona fide performances of plays.
2.3 The Act provides that, on adoption, no person shall use any premises,
vehicle, vessel or stall as a sex establishment within a local authority area
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except under and in accordance with the terms of a licence granted by that
authority.
2.4 The Council is able to waive the requirement for a licence in any case
where they consider that to require a licence would be unreasonable or
inappropriate.
2.5 The Council does not consider it would be appropriate to permit waivers
from the requirements to hold a sex establishment licence in respect of sex
shops and sex cinemas, except in exceptional circumstances considered by
the Licensing Sub-Committee.
2.6 The Council does not consider it would be appropriate to permit waivers from
the requirements to hold a sex establishment licence in respect of sexual
entertainment venues, particularly as the legislation allows relevant
entertainment on an infrequent basis of no more than eleven occasions within
a 12-month period, providing there is at least one month between each period
of entertainment which itself does not last for more than 24 hours.
2.7 Licences will generally be issued on an annual basis but can be issued for a
shorter term if deemed appropriate by the Licensing Sub-Committee.
2.8 All applications for new sex establishment licences and variations will be
determined by the Licensing Sub-Committee, irrespective of the receipt of
any objections. Any renewal application or transfer which attracts
representations will also be determined by the Licensing Sub-Committee.
2.9 Annual renewals to which objections are not received will be renewed by
officers under delegated authority.
3
Policy
3.1 Each application for the grant, renewal, variation of transfer of a licence
shall be considered on its individual merits, subject to the principles and
approach set out in this policy.
3.2 When assessing applications for the grant of a new licence or the variation
of an existing one the Council will consider the potential impact of the grant
on the locality, taking into account the following, which are not exhaustive:
a) The type of activity proposed/applied for;
b) Crime and disorder issues;
c) The impact on the Safer Lambeth Violence Against Women and Girls
approach;
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d) The character of the locality;
e) The proposed hours of operation;
f) The nature and concerns of local residents;
g) The appearance and layout of the premises;
h) The applicants previous knowledge and experience;
i) Any previous experience the applicant has in the operation of similar
venues;
j) Any complaints received by the Council or the Police about the
operation of the venue;
k) The ability and willingness of the management to comply with
licence conditions;
l) Appropriate policies in place for the welfare of performers and staff
training.
And any other factors considered relevant.
3.3 Applications for the renewal of a licence must be submitted at least one month
before the expiry of a licence. If submitted at least one month before expiry,
and the existing licence expires prior to a decision of the Council, the licence
will continue to exist until a decision is made.
3.4 When determining an application and assessing the character of a relevant
locality the Council will take into account the following, which are not
exhaustive:
a) The use to which premises in the locality are put;
b) The proximity of existing sex establishments of any type in the locality;
c) The proximity of any residential accommodation in the locality;
d) The proximity of any educational establishments in the locality;
e) The proximity of any places of worship in the locality;
f) The proximity of shopping centres in the locality;
g) The proximity of any community facilities in the locality;
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h) Access routes to any of the above;
i) The potential of the proposed licensed activities to have a negative
impact on crime and disorder;
j) The proximity to any substance misuse facilities;
k) Any cumulative impact of licensed premises in general in the locality.
And any other factors considered relevant.
4
Mandatory Grounds for Refusal of Sex Establishment Licence
4.1 A licence will not be granted to:
a) A person under the age of 18;
b) A person who is for the time being disqualified from holding a licence;
c) A person who is not resident in the United Kingdom or was not so
resident throughout the period of 6 months immediately preceding the
date upon which the application was made;
d) A body corporate which is not incorporated in the United Kingdom;
e) A person who has, within the period of 12 months immediately
preceding the date upon which the application was made, been
refused the grant or renewal of a licence for the premises, vehicle,
vessel or stall in respect of which the application is made, unless the
refusal has been reversed on appeal.
5 Discretionary Grounds for Refusal of Sex Establishment Licence
5.1 The Act allows the Council to refuse an application for the grant of renewal
of a licence on the grounds that:
a) the applicant is unsuitable to hold the licence by reason of having been
convicted of an offence or for any other reason;
b) if the licence were to be granted, renewed or transferred, the business to
which it relates would be managed by or carried on for the benefit of a
person, other than the applicant, who would be refused the grant,
renewal of transfer of such a licence if he made the application himself;
c) the number of sex establishments, or of sex establishments of a
particular kind, in the relevant locality at the time the application is
determined is equal to or exceeds the number which the authority
consider is appropriate for that locality;
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d) that the grant or renewal of the licence would be inappropriate having
regard;
I. to the character of the relevant locality; or
II. to the use to which any premises in the vicinity are put; or
III. to the layout, character or condition of the premises, vehicle, vessel or
stall in respect of which the application is made.
Appendix 1 Definitions
A Sexual Entertainment Venue is defined as;
 Any premises at which relevant entertainment is provided before a live
audience for the financial gain of the organiser or the entertainer.
Relevant entertainment is defined as;
 Any live performance or live display of nudity which is of such a nature
that, ignoring financial gain, it must reasonably be assumed to be
provided solely or principally for the purpose of sexually stimulating any
member of the audience (whether by verbal or other means).
Display of nudity is defined as;
 In the case of a woman exposure of her nipples, pubic area, genitals or
anus and, in the case of a man it means exposure of his pubic area or
anus.
A Sex S h o p is defined as;
 any premises, vehicle, vessel or stall used for a business which
consists to a significant degree of selling, hiring, exchanging, lending,
displaying or demonstrating sex articles or other things intended for
the use in connection with, or for the purpose of stimulating or
encouraging sexual activity or acts of force or restraint associated with
sexual activity.
Sex article includes;
 Anything made for use in connection with, or for the purpose
of stimulating or encouraging sexual activity or acts of force or
restraint which are associated with sexual activity;
 Anything containing or embodying matter to be read or looked at or
anything intended to be used, either alone or as one of a set, for
the reproduction or manufacture of any such article; and to any
recording of sound or vision, which;
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o Is concerned primarily with the portrayal or, primarily deals with
or relates to, or is intended to stimulate or encourage, sexual
activity or acts of force or restraint which are associated with
sexual activity; or
o Is concerned primarily with the portrayal of, or primarily deals
with or relates to, genital organs, or urinary or excretory
functions.
A Sex Cinema i s any;
 premise, vehicle, vessel or stall used to a significant degree for the
exhibition of moving pictures, by whatever means produced, which:
o Are concerned primarily with the portrayal of, or primarily deal
with or relate to, or are intended to stimulate or encourage
sexual activity or acts of force or restraint associated with sexual
activity; or
o Are concerned primarily with the portrayal of, or primarily deal
with or relate to genital organs or urinary or excretory functions,
but does not include a dwelling house to which the public is not
admitted.
Appendix 2 Conditions
There are standard conditions that relate to all licences granted for sex
establishments. Further conditions will be applied to any licence granted for a
sexual entertainment venue, sex shop or sex cinema as appropriate. An
applicant may, in their application address any condition they feel
inappropriate for their venue. Conditions applied to licences are not limited to
these conditions. These conditions may be modified at any time by the
Council should it see fit.
Standard Conditions for Sex Establishment Licence
1. The licensee or some responsible person nominated by him in writing
for the purpose of managing the sex establishment ('the manager')
shall have personal responsibility for and be present on the premises
at all times when the premises is open to the public.
2. Where the licensee is a body corporate or an incorporated body, any
change of director, company secretary or other person responsible for
the management of the body shall be notified in writing to the Council
within 14 days of such change and such written details as the Council
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may require in respect of the change of personnel shall be furnished
within 14 days of a request in writing from the Council.
3. A copy of the licence and conditions attached to the licence shall at all
times be displayed in a conspicuous position on the premises, so as
to be available for inspection by the Police, the Fire Authority and
Council.
4. The name of the person responsible for the management of the
premises, whether the licensee or the manager, shall be displayed
in a conspicuous position within the premises throughout the
period during which he/she or they are responsible for the conduct
of the premises.
5. The licensee shall retain control over all parts of the premises and
shall not let, licence or part with possession of any part. The Council
must be notified within 24 hours in the event that any part of the
premises is affected by the termination of a lease or other event
affecting the licensee's control of the premises.
6. The licensee shall ensure that the public is not admitted to any
part of the premises that has not been licensed.
7. No person under the age of 18 shall be admitted to the premises and
a notice to this effect, shall be displayed on the outside of the
premises.
8. Neither the licensee nor any employee or agent shall personally solicit
custom for the sex establishment outside or in the vicinity of the
premises.
9. The licensee shall ensure that during the hours that the premises is
open for business every employee wears a badge of a type approved
by the Council indicating his/her name and that he/she is an
employee.
10. The licensee shall maintain a daily register in which shall be recorded
the name and address of any person who is to be responsible for
managing the sex establishment in the licensee's absence and the
names and addresses of those employed in the sex establishment.
The register is to be completed each day within thirty minutes of the
sex establishment being opened for business and is to be available for
inspection by the Police, the Fire Authority and Council
11. The premises will operate a 'Challenge 25' scheme, whereby anyone
who appears to be aged 25 or younger is asked for photographic ID
proof of age.
12. The only ID that will be accepted are passports, a driving licence with
a photograph or Portman Group proof of age cards bearing the 'PASS'
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mark hologram. The above list of acceptable proof of age items may
be extended to other forms of ID in the future with advance written
agreement of the Police and Council.
13. A record of any refusal of entry shall be maintained by the licence
holder and will be available for examination by the Police and Council.
14. No sign, device, representation, drawing, writing, display or any
other matter, shall be displayed on the outside of the premises or in
the vicinity of the premises, except those approved by the Council in
writing;
15. No external loudspeakers may be installed.
16. The windows and openings of the premises shall be of a
material or covered with material, which will render the interior
of the premises invisible to passers-by.
17. Notwithstanding the licensee's duties under the Health and Safety at
Work etc Act 1974 and related legislation and his/her obligations
under any lease or other agreement for the use of the premises,
he/she shall maintain the premises in good repair and condition.
18. External doors shall be closed at all times other than when persons
are entering or leaving the premises. The external doors shall be
fitted with a device to provide for their automatic closure and such
devices shall be maintained in good working order.
19. The premises shall be fitted with an inner entrance door or screen so
that no part of the interior of the premises or any of the contents of the
premises shall be visible when persons are entering or leaving the
premises.
20. No access shall be permitted through the premises to any other
premises adjoining or adjacent except in the case of emergency.
21. Alterations or additions, either internal or external, shall be not be
made to the premises without prior written consent from the Council.
22. The licensee shall submit details of the steps to be taken, for the
approval of the Council, to check the ages of customers entering the
premises who appear to be between the ages of 18 and 25 in order to
ensure that they are not younger than 18. Checks will be taken to
ensure that the approved steps are implemented.
23. The licensee shall, at the time of application submit plans showing the
exterior design of the premises, to include details of any proposed
signage.
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Additional Conditions for Sex Shops
1. No change from a sex cinema to a sex shop or a sex shop to a sex
cinema shall be made without the written consent of the Council.
2. A sex shop shall be conducted primarily for the purpose of the sale of
goods by retail.
3. No film or video recording (or computer game) shall be exhibited, sold or
supplied unless it has been passed by the British Board of Film
Classification and bears a certificate to that effect.
4. No moving picture shall be provided or displayed at the licensed
premises unless it is that of advertising videos on a loop system or
allowing a prospective purchaser a short preview, being no longer then
3 minutes in length of films upon request.
5. Any facilities for previewing films, video recordings or other similar
material shall be physically separated from the display area of the shop
in such a manner that no material being displayed by way of preview
shall be visible or audible outside the preview area. The licensee shall
ensure a closed-circuit television system is installed internally and
externally to the satisfaction of the Council.
6. All sex articles as defined in Schedule 3 of the Local Government
(Miscellaneous Provisions) Act 1982 and other things displayed for sale,
hire, exchange or loan within a sex establishment shall be clearly
marked to show to persons who are inside the sex shop the respective
prices being charged.
7. All printed matter, films and video films offered for sale, hire, exchange
or loan shall be openly displayed and available for inspection prior to
purchase and a notice to this is effect is to be prominently displayed
inside the sex establishment. (This regulation does not require that films,
video films or discs be exhibited (played) to customers).
Additional Conditions for Sexual Entertainment Venues
1. No persons under 18 will be admitted to the premises at any time when
any relevant entertainment is taking place, or is scheduled to take
place.
2. The Challenge 25 rule and the stipulated forms of acceptable age
identification will be clearly stated both on the premises website and on
all membership applications, booking forms, customer contractual
documents and promotional literature etc.
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3. The licensee will provide a photographic identification system for all
entrants to the premises with recordings to be provided to the police at
their request.
4. No under 18's events will be hosted anywhere on the premises at any
time.
5. Whilst striptease entertainment is taking place, no customer under 18
shall be on the premises and clear notices shall be displayed at the
entrance to the premises in a prominent position so that it can easily
be read by persons entering the premises in the following terms
NO PERSONS UNDER 18 TO BE ADMITTED
ENTERTAINMENT WITHIN THESE PREMISES INVOLVES A FORM
OF NUDITY
IF YOU ARE LIKELY TO BE OFFENDED, PLEASE DO NOT ENTER.
6. The only form of relevant entertainment that is approved and may be
provided at the premises is striptease entertainment in the form of
tableside and pole dancing by club dancers only.
7. The licensee shall provide a suitable dressing room or rooms
where the performers may change and shall provide within the
room a wash hand basin with a hot and cold water supply.
8. The dressing room shall be situated such as to allow the
performers to have direct access to and from the area where
they perform without passing through or in close proximity to
members of the public.
9. Striptease performances shall only be given by employed
performers and no member of the public or staff shall be
permitted to participate in the performances in any way or at any
time.
10. There shall be no simulated sexual acts between performers of
striptease.
11. There shall be no deliberate physical contact between the customer
and the dancer, with the exception of shaking hands with a customer
and/or leading a customer by the hand from a seated area to a booth
for a private dance.
12. There will be a minimum 1 metre separation between performers and
audience.
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13. There shall be no striptease performance to customers seated at a bar,
or to standing customers.
14. Tableside striptease performers are to remain standing during a
performance of striptease.
15. Dancers shall only perform on the stage area or at a tableside to
seated customers.
16. There shall be no physical contact between dancers whilst performing.
17. Dancers may never give out personal information, including telephone
numbers, email addresses or other contact details to audience
members.
18. Dancers may never accept any telephone number, addresses, business
card or any other information from any customer.
19. Customers must remain clothed at all times. The performers must not
remove any of the customers' clothing at any time.
20. The private booths will be designed in such a way that there can
be no curtain or other visual barrier that can be pulled across the
entrance, thus concealing activities inside the booth area
21. All booths will have adequate lighting to ensure the safety of the dancer
and to ensure that the member / guest / audience and the performer are
adhering to the Club rules at all times.
22. Striptease performers are to re-dress at the conclusion of a performance
and are to remain fully clothed whilst acting in the capacity of host or
hostess, but may work solely behind the bar topless
23. Prior to employment all performers are to be given a copy of the venue’s
Code of Conduct (including these conditions). This Code of Conduct is
to be rigorously enforced by the venue management.
24. At those times when public entertainment is by way of striptease or
topless persons are serving at the bar, a minimum of two Security
Industry Authority registered door supervisors shall be employed on the
premises during striptease performance hours. At least one shall be
permanently employed in the bar, who will ensure that the venue’s Code
of Conduct is upheld. The security staff/dps will also regularly monitor
the public toilets and changing areas.
25. A notice of the Code of Conduct for customers as agreed with the Police
shall be positioned at the entrance, bar area and table menus. It shall be
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of an adequate size font (16) so that it can be easily read by the
customer.
26. A record shall be kept at the premises of the real names, addresses and
"stage names" of all striptease and nude performers. This record shall
be readily available to the Police and for Council upon reasonable
request.
27. All dancers / performers will be aged over 18 years of age and legally
entitled to work in the UK before they perform at the Club.
28. The proprietor/director of the company is to ensure that prior to
employment, all performers provide documents proving that they are
over 18 years of age. Such documents are to be copied and retained on
the performer employment file.
29. All performers employment files are to be retained for the period of the
person’s employment. All files are to be made available to the statutory
authorities upon request if required for investigative purposes.
30. Where the proprietor/director employs performers from an agency, the
performers must provide the relevant documentation as required in
conditions 26 and 28. Details of the agency providing the performers are
to be made available to the statutory authorities upon request.
31. The licence holder shall ensure no dancers are trafficked,
exploited or controlled for another's gain.
32. Where possible all dancers will be escorted from the premises at the
end of each evening to their transport (e.g. taxis) to ensure their
personal safety and security.
33. The Police are to be informed of any assaults on staff, whether or not
the victim wishes further action to be taken.
34. Members and their guests may not at any time take photographs, film,
video or mobile phone photographs or footage of performers.
35. The whole of the venue, excluding performer’s locker areas, is to be
monitored by CCTV. This system is to be installed, maintained and
operated as agreed with a police crime prevention officer and is to be
operating and recording at all times that the premises are open to the
public. The recordings are to be retained for a period of 31 days. The
tapes are to be made available to the statutory authorities only upon
request and are not to be made available to any other person for
viewing.
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36. The licensee will ensure that there is no display outside the premises
of photographs or other images that indicate or suggest that partial, full
nudity or similar entertainment takes place on the premises.
37. Any promotional website for the premises must comply with the
Advertising Standards Agency (ASA) regulations and will not display
photographs or other images of topless or nude performers, or show
photographs or other images that may reasonably be construed as
offensive.
38. The premises website and all promotional literature will include a clear
requirement stating the Challenge 25 proof of age.
39. Any promotional literature circulated outside of the premises will not
display photographs or other images of topless or nude performers, or
show photographs or other images or words that may reasonably be
construed as offensive.
Additional Conditions for Sex Cinemas
1. No sex articles or other things intended for use in connection with, or for
the purpose of stimulating or encouraging sexual activity or acts of force
or restraint which are associated with sexual activity shall be displayed,
sold, hired, exchanged, loaned or demonstrated in a sex cinema.
2. The Licensee shall not supply or permit to be supplied to any person,
other than a person employed to work on the premises, any article of
food or drink whether for consumption on or off the premises.
3. No fastenings of any description shall be fitted upon any booth or
cubicle within the Sex Establishment, nor shall more than one person
(including any employee) be present in any such booth or cubicle at
any time.
4. No film or video film shall be exhibited, sold or supplied unless it has
been passed by the British Board of Film Classification and bears a
certificate to that effect, and is a reproduction authorised by the owner
of the copyright of the film or video film so certified. Any such film or
video film shall comply with the Video Recordings Act 1984.
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