Report Licensing Sub-Committee Part 1 Date: 1 April 2015 Item No: 1 Subject Temporary Event Notice Objection Atlantica / Loft 7-8 Market Street, Newport, NP20 1FU Purpose To consider the objection notice served on the Licensing Authority by Heddlu Gwent Police in respect of a notice of a temporary event to take place at Atlantica / Loft, 7-8 Market Street, Newport, NP20 1FU and having regard to the objection notice, to consider whether the premises user should be given a counter notice to ensure the promotion Licensing Objectives in respect of the Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and Protection of Children from Harm. Author Principal Licensing Officer Ward As indicated in the report Summary The Licensing Committee has delegated powers to take decisions in relation to licensing applications. The Licensing Committee will make the decision on whether a counter notice should be served on the premises user. Proposal To make a decision on the application as detailed within this report. Contact Principal Licensing Officer Action by Head of Law and Regulation Timetable Immediate Signed 24th March 2015 1. Application On 19th March 2015 a notification under Section 100 of the Licensing Act 2003 giving notice of a temporary activity was served by Mr Robert White for a proposed temporary event providing „licensable activities‟ to be held at the Atlantica / The Loft Bar, 7-8 Market Street, Newport. This notification (Copy attached as Appendix 1) was served on Newport City Council via the online provisions of the Councils website and in accordance with procedure was served on the responsible authorities of Heddlu Gwent Police and Newport City Council Environmental Health Department the same day giving those responsible authorities 3 working days to make representation. 2. Temporary Activities The notice details that the premises user has advised that the premises will be used for the temporary activities of the Sale of Alcohol and the Provision of Regulated Entertainment between 10:00am until 6:00am on 3rd 4th and 5th April 2015. The maximum number of people as indicated within the Notice at any one time that will be allowed on the premises during the times when licensable activities take place during the event, including staff, will be 100. 3. Existing Authorisations The Premises currently holds a Premise Licence under the Licencing Act 2003, (A copy of the Premises is attached as Appendix 2 of this report) The Premises Licence holder and DPS is currently Robert White. The Premises permits the retail of Alcohol and Entertainment on Friday the 3rd and Saturday 4th April from 10:00am till 04:00hrs And Sunday 5th April from 10:00am till 03:00hrs 4. Objection Notice In accordance the amended Guidance under Section 182 of the Licensing Act 2003 an objection to this notice .(Copy attached Appendix 3) was served on the Licensing Authority by Heddlu Gwent Police in accordance of Section 104 Licensing Act 2003 which allows responsible authorities 72 hours to consider such notice of a Temporary Event, on the grounds that the event would undermine the Licensing Objective in respect of the Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and Protection of Children from Harm. This objection having met the statutory requirements was accepted and the notification has been referred to Newport City Council‟s Licensing Sub-Committee for determination. 5. Legal Considerations a. The Temporary Event Notification has been served in accordance with requirements of the Licensing Act 2003, Police Reform and Social Responsibilities Act 2012. b. The objection to this Temporary Event Notification complies with the provisions of Section 182 of the Licensing Act 2003 which provides that the Secretary of State must issue and, from time to time, may revise guidance to licensing authorities on the discharge of their functions under the 2003 Act c. The police and a local authority exercising environmental health functions have a period of three working days from when they are served a copy of the notice to object to it on the basis of any of the four licensing objectives. 24th March 2015 d. If the licensing authority receives an objection notice from the police or local authority exercising environmental health functions that is not withdrawn, it must (in the case of a standard TEN only) hold a hearing to consider the objection (unless all parties agree that this is unnecessary). e. The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice. f. If the notice is in connection with licensable activities at licensed premises, the licensing authority may also impose one or more of the existing licence conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives. (Existing Conditions are attached at Appendix 2 of this report) g. If the authority decides to impose conditions, it must give notice to the premises user which includes a statement of conditions (a “notice (statement of conditions)”), and provide a copy to each relevant party. h. Alternatively, it can decide that the event would undermine the licensing objectives and should not take place. In this case, the licensing authority must give a counter notice. i. All decisions taken by the Sub-Committee must 6. be within the legal powers of the Council and its Committees; comply with any procedural requirement imposed by law; be undertaken in accordance with the procedural requirements imposed by the Council; be fully and properly informed; be properly motivated; and be reasonable and proper in all the circumstances. Issues for Discussion The objection notice from Heddlu Gwent Police and evidence provided. Information provided by the applicant. Does the notice undermine the promotion of the „Licensing Objectives‟ To allow the event as notified. To allow the event (with the provision of attaching one or more of the existing premises licence conditions) To issue a counter notice if it is decided that the allowing the event to proceed would undermine the licensing objective of the prevention of crime and disorder. Alastair Dearling Principal Licensing Officer 24th March 2015 Appendices Appendix 1 - Temporary Event Notification A copy of the „online‟ notification/application form served under section 100 of the Licensing Act 2003 by Robert White giving notice of a temporary event, to be held at Atlantica / The Loft 7-8 Market Street, Newport, NP20 1FU. 24th March 2015 24th March 2015 24th March 2015 24th March 2015 Appendix 2 - Copy of Premises Licence issued under Licensing Act 2003 Schedule 12 Part A (THIS PART OF THE LICENCE MUST BE KEPT AT THE PREMISES AT ALL TIMES AND PRODUCED UPON REQUEST OF AN AUTHORISED OFFICER) Premises Licence City of Newport Premises Licence Number 14/02556/LAPVM Part 1 – Premises Details Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code The Loft And Atlantica 7-8 Market Street Newport South Wales NP20 1FU Telephone number 01633 252611 Where the licence is time limited the dates Not Applicable Licensable activities authorised by the licence Sale by retail of Alcohol Performance of Dance Provision of facilities for dancing Performance of Live Music Playing of Recorded Music Times the licence authorises the carrying out of licensable activities Sale by retail of Alcohol Sunday to Thursday inclusive 10:00 - 03:00 Friday and Saturday 10:00 - 04:00 Christmas Eve 10:00 - 06:00 Christmas Day 10:00 - 06:00 New Year's Eve 10:00 - 08:00 Performance of Dance 24th March 2015 Wednesday to Saturday inclusive 21:00 - Midnight Provision of facilities for dancing Sunday to Thursday inclusive 20:00 - 03:00 Friday and Saturday 20:00 - 04:00 Christmas Eve 20:00 - 06:00 Christmas Day 20:00 - 06:00 New Year's Eve 20:00 - 08:00 Performance of Live Music Wednesday to Saturday inclusive 21:00 - Midnight Christmas Eve 21:00 - 01:00 New Year's Eve 21:00 - 02:00 Playing of Recorded Music Sunday to Thursday inclusive 08:00 - 03:00 Friday and Saturday 08:00 - 04:00 Christmas Eve 08:00 - 06:00 Christmas Day 08:00 - 06:00 New Year's Eve 08:00 - 08:00 The opening hours of the premises Not Applicable Where non standard timings are authorised, the opening times shall be as those authorised for licensable activities with an additional 30 minutes on the terminal hour. Where the licence authorises supplies of alcohol whether these are on and / or off supplies Alcohol is supplied for consumption on the Premises 24th March 2015 Part 2 Name, (registered) address, telephone number and email (where relevant) of holder of premises licence Mr Robert James White 7-8 Market Street Newport South Wales NP20 1FU Telephone Number 07900070687 Business Phone Number 01633 252611 Registered number of holder, for example company number, charity number (where applicable) Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol Mr Robert James White 2 East Dock Road Newport South Wales NP20 2FR Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol Party Reference: CCCI/01877 Licensing Authority: City Of Cardiff This Premises Licence is issued by Newport City Council as Licensing Authority under Part 3 of the Licensing Act 2003 and regulations made thereunder. Dated this 26th November 2014 Helen Wilkie Public Protection Manager 24th March 2015 Mandatory conditions 1 No supply of alcohol may be made under the premises licence: i) at a time when there is no designated premises supervisor in respect of the premises licence; or ii) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended. 2 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. 3 Where at specified times one or more individuals may be at the premises to carry out a security activity, each individual must be licensed by the Security Industry Authority. For the purposes of this section: i) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies; and ii) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule. 4 The admission of children to the exhibition of any film must be restricted in accordance with any recommendation made by the British Board of Film Classification (BBFC) or in the absence of a recommendation from the BBFC, the Licensing Authority. For the purposes of this section: i) "children" means persons aged under 18 years of age. 5 The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise); (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective; (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective; (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise antisocial behaviour or to refer to the effects of drunkenness in any favourable manner; . (e)dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability). 6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available. 24th March 2015 7 (1) The premises licence holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy. (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either : (a) a holographic mark, or (b) an ultraviolet feature 8 The responsible person must ensure that – (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures(i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available New Mandatory condition for on and off sales from 28 May 2014 (1) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price. (2) In this condition:(a) "permitted price" is the price found by applying the formula P = D + (D x V), where(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol; (b) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979; (c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence; (d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and (e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994. (3) Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny. 24th March 2015 (4) Where the permitted price on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax, the permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day. Conditions consistent with the Operating Schedule 9. THE NIGHTCLUB AND BAR AREA WILL HAVE FULL CCTV SYSTEMS INSTALLED WITH DVR AND REMOTE MONITORING CAPABILITIES VIA THE INTERNET. THE FOOTAGE WILL BE RETAINED FOR 30 DAYS BEFORE BEING RECORDED OVER; AND SIGNAGE WILL BE PROMINANTLY DISPLAYED THROUGHOUT THE PREMISES. 10. SIA TRAINED DOOR SECURITY WILL BE UTILISED WITH A CLOCKING IN/OUT REGISTER AND FEMALE STAFF WILL BE AVAILABLE TO ASSIST WITH SEARCHES. WE AIM TO CHECK BAGS FOR UNAUTHORISED ALCOHOL, DRUGS OR WEAPONS AND WILL CONFISCATE ANY ITEMS FOUND AND NOTIFY THE AUTHORITIES ACCORDINGLY. 11. NUMBERS ACCESSING THE VENUE WILL BE CONTROLLED USING A COUNTER AT THE ENTRY/EXIT POINT. WE WILL REGULARLY ATTEND THE LOCAL PUB WATCH MEETINGS TO RAISE OUR AWARENESS OF ISSUES THROUGHOUT THE CITY AND UTILISE RADIOS TO COMMUNICATE PROBLEM CUSTOMERS TO OTHER VENUES. 12. WE WILL STRONGLY ENFORE A ZERO TOLERANCE POLICY ON VIOLENCE, DRUG TAKING, URINATING/VOMITING IN OR AROUND THE PREMISES, OR VANDALISM AND WILL ENFORCE A BANNING POLICY FOR REPEAT OFFENDERS. 13. THE UPPER LEVEL NIGHTCLUB WILL UTILISE POLYCARBONATE DRINKING VESSELS INCLUDING SHOT GLASSES, HALF PINT, PINT AND WINE GLASSES. THIS EXCLUDES PRE-PACKAGED PRODUCTS THAT WILL BE MADE AVAILABLE FOR CONSUMPTION FROM THE GLASS BOTTLES THEY ARE SUPPLIED IN. THE DOWNSTAIRS CAFE-BAR WILL UTILISE GLASS DRINKING VESSELS AT ALL TIMES AND THIS INCLUDES ANY SUCH PRE-PACKAGED PRODUCTS. ANY GLASSWARE USED WILL BE OF HIGH QUALITY TOUGHENED GLASS; AND STAFF WILL BE TRAINED TO REMOVE ANY EMPTY GLASSWARE PROMPTLY. 14. POSTERS WILL BE DISPLAYED TO PROMOTE THE USE OF OUR CLOAKROOM AND TO KEEP YOUR BAGS SAFE WHILST IN THE CLUB. 15. WE WILL USE A 21 OR OLDER POLICY WITH REGARDS TO ID, ANYONE WHO APPEARS TO BE UNDER THE AGE OF 21 WILL HAVE ID REQUESTED. OUR DRINKS OFFERS WILL BE MINIMAL WITH NO BUY ONE GET ON FREE DRINKS OFFERS AND NO SINGLE DRINK WILL COST LESS THAN £1.50. 16. BROKEN FURNITURE WILL BE REMOVED FROM THE PREMISES AS SOON AS POSSIBLE OR REPAIRED SO AS TO AVOID ANY INJURIES THAT MAY OCCUR. 17. AN ACCIDENT BOOK WILL BE KEPT ON SITE, WITH THE DUTY MANAGER OR SUPERVISORS ON SITE TRAINED TO FILL THESE IN. 18. ANY EQUIPMENT FIXED TO THE WALLS OR CEILINGS WILL HAVE SECONDARY FIXINGS (I.E. SAFETY CHAINS). ALL ELECTRICAL INSTALLATIONS WILL BE DONE BY A COMPETENT PERSON ONLY AND ELECTRICAL SAFETY INSPECTION CARRIED OUT REGULARLY. 19. NO SMOKING SIGNAGE WILL BE PROMINANTLY DISPLAYED THROUGHOUT THE PREMISES INCLUDING THE TOILET AREAS; AND WE WILL ENSURE THAT WE HAVE ADEQUATE NUMBERS OF DOOR SECURITY STAFF TO COPE WITH THE NUMBERS ATTENDING THE PREMISES (CAPACITY WILL BE CONTROLLED AS NOTED ABOVE). OUR BAR STAFF WILL CARRY OUT REGULAR GLASS COLLECTIONS AND WILL CLEAN UP ANY SPILLAGES AS SOON AS POSSIBLE WITH ADEQUATE 'WET FLOOR' SIGNAGE TO COMPLY WITH SAFETY REGULATIONS. 24th March 2015 20. THE UPPER LEVEL NIGHTCLUB WILL ONLY HAVE POLYCARBONATE DRINKING VESSELS WITH THE EXCLUSION OF ANY PRE-PACKAGED GLASS BOTTLED PRODUCTS. DRINKING WATER WILL BE AVAILABLE FOR OUR CUSTOMERS AT THE BARS FREE OF CHARGE, AND ANY PROMOTIONAL MATERIAL THAT WE PRODUCE WILL INCLUDE THE DRINK RESPONSIBLY LOGO AND WEBSITE ADDRESS. 21. WE WILL USE A RANGE OF LIGHTING EFFECTS BUT SIGNAGE ON THE ENTRANCE WILL BE DISPLAYED TO ENSURE ANY CUSTOMERS ATTENDING THAT MAY SUFFER FROM PHOTOSENSITIVITY (EPILEPSY) NOTIFY A MEMBER OF STAFF SO THAT USE OF CERTAIN LIGHTING EFFECTS ARE AVOIDED. 22. SIGNAGE WILL BE ON DISPLAY URGING OUR CUTOMERS TO LEAVE IN A QUIET MANNER AND OUR SIA DOORMEN WILL AID THIS. 23. ANTI-SOCIAL BEHAVIOUR BE IT INSIDE OR OUTSIDE THE PREMISES WILL RESULT IN ENFORCING OUR ZERO TOLERANCE POLICY AND MAY LEAD TO BANNING. 24. WE WILL NOTIFY GWENT POLICE OF ANY ISSUES THAT GIVE RISE TO CONCERN WITH REGARDS TO ANY AREA OF THE FOUR LICENSING OBJECTIVES. 25. NO BOTTLES OR GLASSES WILL BE PERMITTED OUTSIDE THE PREMISES AFTER 8PM. A SMALL SECTIONED OFF AREA WILL BE PROVIDED FOR SMOKING AREA TO ENSURE THE CUSTOMERS ARE CONTROLLED AND DON'T BECOME MIXED IN WITH THOSE WHOM HAVEN'T PAID ENTRY FEES; AND ADEQUATE ASHTRAYS WILL BE PROVIDED FOR CUSTOMERS TO USE AND THESE WILL BE REGULARLY EMPTIED. 26. WE AIM TO LOOK AT AIR CONDITIONING AS THERE IS LITTLE VENTILATION IN THE PROPERTY. THE UPPER LEVEL NIGHTCLUB HAS ALL WINDOWS COVERED SO AS TO KEEP ANY SOUND INSIDE AND THE LOWER FLOOR BAR AREA WILL ONLY HAVE LOW VOLUME BACKGROUND MUSIC THROUGHOUT THE DAY. 27. QUEUES WILL BE MONITORED BY SIA TRAINED DOOR SECURITY TO ENSURE THAT IT IS DONE IN AN ORDERLY FASHION AND ONCE AGAIN OUR ZERO TOLERANCE POLICY CAN BE ENFORCED HERE. 28. WE INTEND TO USE EXTERNAL SIGN LIGHTING FOR SIMPLE ILLUMINATION PURPOSES BUT ANY DISCO LIGHTING USED WILL NOT EXTEND OUTDOORS, NOR WILL THE BEAMS OF LIGHT EXTEND OUTDOORS. 29. THE CAPACITY OF THE BUILDING WILL NOT BE EXCEEDED AT ANY TIME. 30. DJ'S WILL REDUCE THE VOLUME THAT THE MUSIC IS PLAYED AT FOR THE LAST 30 MINUTES SO AS TO ENCOURAGE PEOPLE TO LEAVE IN SMALLER GROUPS RATHER THAN ALL LEAVE IN ONE GO THAT MAY CAUSE A SIGNIFICANT DISTURBANCE THAT WE WANT TO AVOID. 31. WASTE COLLECTIONS WILL BE MADE WEEKLY BY NEWPORT CITY COUNCIL AND WASTESAVERS AND ADEQUATE NUMBERS OF WHEELIE BINS WILL BE REQUESTED TO COPE WITH THE AMOUNT OF WASTE WE PRODUCE. 32. ALL DELIVERIES OF STOCK WILL BE MADE WITHIN DAYTIME HOURS: NO EARLIER THAN 07:00 HRS AND NO LATER THAN 20:00 HRS . 33. AS MENTIONED EARLIER ANY PERSON WITNESSED VOMITING OR UNRINATING IN THE PREMISES OR AROUND THE PREMISES WILL BE BANNED AND NOTIFIED TO THE POLICE AND THE LOCAL PUB WATCH IF THEY ARE REPEAT OFFENDERS. 34. WE WILL NOT PROMOTE OR ALLOW ANY UNDER 18 NIGHTS IN OUR UPPER LEVEL NIGHTCLUB NOR DOWNSTAIRS IN OUR BAR AREA. 24th March 2015 35. WE MAY ALLOW 18TH BIRTHDAYS ONLY IN THE DOWNSTAIRS BAR AREA WITH ALL ATTENDEES REQUIRING ID IF THEY WISH TO STAY PAST 20:00 HRS. 36. ALL UNDER 18'S IN THE BAR AREA DURING THE DAY MUST BE ACCOMPANIED BY AN ADULT. 37. DRINKING VESSELS FOR CHILDREN WILL BE AVAILABLE AT THE DOWNSTAIRS BAR DURING THE DAY ALONG WITH HIGH CHAIR FACILITIES ALSO. WE WILL LOOK AT AIMING TO PROVIDE BABY CHANGING FACILITIES. 38. AS NOTED EARLIER A STRICT ID POLICY WILL BE ENFORCED FOR ANYONE WANTING TO PURCHASE ALCOHOL AT THE BAR AND FOR ACCESS TO THE UPPER LEVEL NIGHTCLUB. WE WILL KEEP A LOG OF THESE AND ALSO DISPLAY SIGNAGE WITH REGARDS TO PROXY PURCHASING AND WILL TRAIN STAFF TO IDENTIFY THIS; AND ENSURE THEY HAVE ARE CONFIDENT IN ASKING CUSTOMERS FOR ID. 39. THE ENTIRE PREMISES WILL ENFORCE A STRICT NO-NUDITY POLICY AT ANY TIME AND OUR ZERO TOLERANCE PROCEDURE CAN BE EMPLOYED TO GOVERN THIS. Conditions attached after a hearing by the licensing authority NIL. Plans Please see attached plans (reference number ) 24th March 2015 Appendix 3 - Objection Notice Objection Notice from Heddlu Gwent Police under section 104 of the Licensing Act 2003. 24th March 2015
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