The Committee heard from the Applicant as to the nature of the premises they will operate, the conditions they have agreed with Licensing and Out of Hours and one of the resident objectors. They also explained the measures they have taken to address the concerns of the residents including reducing the hours the balcony will be used to 9pm and putting in place a ‘living wall’ at one end of the balcony. The Applicant also confirmed only part of the balcony will be used as shown on the plan. The Committee noted that concerns over privacy were not directly related to the licensing objectives and licensing however the Applicant has still put measures in place to try and address these concerns.

 

The Committee were encouraged by the fact there had been consultation with Responsible Authorities and local residents at the Left bank Apartments. A condition was also being proposed that the telephone number of the manager or DPS will be provided to the residents at the Left bank Apartments.

 

The Committee heard from the one resident objector in attendance who stated that the main concern of the residents was the use of the balcony and the premises until the hours requested and they would want this reduced. The resident did however confirm that he had now reached an agreement with the Applicant on further conditions to be added to the licence and had withdrawn his own objection.

 

The Committee carefully considered the written representations from the other resident objectors, who were not in attendance. The Committee were of the view that with the nature of the business the Applicant was intending to operate, the conditions in their operating schedule and the additional conditions agreed that these concerns had been appropriately addressed.

 

Taking all of the representations into account the Committee were satisfied that the Applicant was a responsible operator and that the licensing objectives’ would be upheld if the licence was granted with the additional conditions agreed.

 

Decision

 

To grant the application subject to the following conditions.

 

Conditions

 

1.    The premises shall only be accessible to members of the co-working space located in the XYZ building or to persons attending pre-scheduled events.

 

2.    A CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally.

 

3.    Recorded CCTV images will be maintained and stored for a period of twenty-eight days and shall be produced to the Police or Licensing Authority upon request.

 

4.    CCTV will be in operation at any time a person is in the premises.  Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced will be in a format so it can be played back on a standard PC or DVD player.

 

5.    Any person left in charge of the premises must be trained in the use of any such CCTV equipment, and be able to produce CCTV images to an officer from a responsible authority upon request.

 

6.    SIA registered door staff shall be employed at the premises, in accordance with a risk assessment, to be carried out by the DPS.  When employed, door staff will wear high visibility armbands.

 

7.    When employed, a register of those door staff employed shall be maintained at the premises and shall include:

a.    the number of door staff on duty;

b.    the identity of each member of door staff;

c.    the times the door staff are on duty.

 

8.    Open containers of alcohol shall not be removed from the premises.

 

9.    Staff will be trained in the requirements of the Licensing Act 2003 with regard to the licensing objectives, the laws relating to under age sales, and the laws relating to the sale of alcohol to intoxicated persons and that training shall be documented and repeated at 6 monthly intervals.

 

10.  A refusals book will be maintained at the premises, and made available to an officer of a responsible authority upon request.

 

11.  A first aid box will be available at the premises at all times.

 

12.  Regular safety checks shall be carried out by staff.

 

13.  Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.

 

14.  The premises shall maintain an Incident Log and public liability insurance.

 

15.  Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises. 

 

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

 

17.  The exterior of the building shall be cleared of litter at regular intervals.

 

18.  Notices will be positioned at the exits to the building requesting customers to leave in a quiet manner.

 

19.  A Dispersal Policy will be implemented and adhered to (see attached).

 

20.  The emptying of bins into skips, and refuse collections will not take place between 11pm and 8am.

 

21.  A “Challenge 21” Policy shall be implemented in full and appropriate identification sought from any person who appears to be under the age of 21.  The only acceptable forms of identification shall be photographic driving licences, passports, HM forces cards, or a form of identification with the "PASS" hologram.

 

22.  Staff training will include the Challenge 21 Policy and its operation.  In particular, staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18.  The training must be given to a new member of staff before they commence employment and all staff must receive refresher training every 6 months.

 

23.  Notices advising what forms of ID are acceptable must be displayed.

 

24.  Notices must be displayed in prominent positions indicating that the Challenge 21 policy is in force.

 

25.  The mobile bar shall not be located or used on the balcony at any time

 

26.  Alcohol shall not be made available via self-service.

 

27.  There shall be a documented Smoking Policy drawn up by the DPS and implemented at the premises

 

28.  The balcony shall not be accessible to customers after 21:00.

 

29.  No speakers shall be mounted externally.

 

30.  Balcony doors shall remain closed after 20.00 except for ingress and egress.

 

31.  The telephone number of the DPS or premises manager shall be provided to the management team/concierge of the Left Bank Apartments.

 

32.  The DPS or premises manager shall attend any local residents meetings if requested to do so.

 

33.  No smoking shall be permitted at the premises.