The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel were informed that all remaining representations had been agreed. The Committee was invited to grant the variation application. 

Decision

To grant the variation in the following terms:

Remove Condition 1 of Annex 2 in relation to capacity

Additional conditions to be attached to the operating schedule:

1. Management/staff to carry out hourly noise breakout checks during operational hours and documented.

2. If a member of management or door staff witness a customer illegally parking in the immediate vicinity in front of the premises, they shall be refused entry until they have moved their car.

Condition 54 of Annex 2 (which currently reads “A dispersal and smoking policy will be implemented and adhered to (see attached”) is replaced instead with the following:

Smoking:

1. Whilst the premises is open and there is a queue, the designated smoking area shall be located on the other side of the road, away from the entrance to the premises.

2. When there is no queue, the designated smoking area shall be located immediately outside the premises, in the location where the queue usually forms.

3. The areas will be clearly delineated and will be monitored at all times by at least 1 SIA registered security.

4. The smoking area will close 30 minutes prior to the premises closing and if patrons leave the premises to smoke after this time, they will not be allowed to re-enter the premises.

5. The areas shall be covered by the CCTV system which will be installed at the premises.

6. The area will be cleaned at regular intervals and at the end of any trading period.

7. Suitable receptacles shall be provided for smokers to dispose of cigarette butts.

8. Customers leaving the premises to smoke will be stamped to identify them. However, smokers re-entering the premises shall be subject to searches in accordance with any search policy in force at the premises.

Dispersal:

1. At the end of the evening management and staff will assist with the orderly and gradual dispersal of patrons.

2. Staff Members (including SIA registered security, when employed) will advise patrons to leave the premises quickly and quietly out of respect for neighbours.

3. Notices will be displayed requesting our customers to leave quietly and in an orderly manner out of consideration to neighbours and their attention will be drawn to these notices by members of staff.

4. Management and staff will ensure the removal of all bottles and drinking receptacles from any patron before exiting the premises (this does not apply in the case of alcohol sold in sealed containers for the purpose of consumption off the premises).

5. Management and staff will actively discourage our customers from assembling outside the premises at the end of the evening.

6. A suitable member of staff or security (when employed) will be visible at each public entrance/exit to control the dispersal, to remind people to leave quietly, and to prevent patrons from re-entering the premises.

7. Security and management to use their best endeavours to ensure that traffic is managed outside the venue during its operational period. Cars causing an obstruction shall be asked to move on. A dedicated traffic marshal shall be employed at peak trading hours to ensure that vehicles don’t cause an obstruction on the road and pavement outside, to avoid congestion. The traffic marshal shall wear a high visibility vest and a body worn camera.

8. A minimum of 5 SIA registered security will remain on duty outside the premises for a minimum 30 minutes after the premises closes or until all patrons have dispersed and the area outside the premises is clear. They shall wear high visibility vests and at least one shall wear a body worn camera.

9. Management shall inspect the outside area at regular intervals to ensure compliance.

10. At the end of each evening, a member of management shall take a photo of the external area to demonstrate that it is clear of patrons and vehicles and those photos date stamped, compiled and sent on a weekly basis to the LOOH team and GMP’s Licensing Team to demonstrate compliance.

The Committee heard from the parties that an agreement had been reached and that LOOH’s now agreed for the condition regarding capacity to be removed from the licence and further conditions to be added. The Committee considered the application, and the additional conditions put forward and decide to grant the variation application.