LICENSING SUB-COMMITTEE
25 MAY 2016
DECISION NOTICE – VARIATION OF THE PREMISES
LICENCE
Date: 25 May 2016
The Sub-Committee has taken
note of all the written concerns raised in respect of the
application for the variation of the premises license in respect of
The Diamond Banqueting Suite, Skinner Street, Wolverhampton. It has
listened to the arguments of those who have spoken at the hearing,
both for and against the application.
The Sub-Committee is satisfied
that the Cumulative Impact Policy applies to these premises. It is
further satisfied that sufficient evidence has been provided by the
applicant to illustrate that the premises will not add to the
cumulative impact already experienced and that the presumption of
non-grant has been rebutted.
Based upon the above the Sub
Committee has decided that the application to vary the premises
licence should be granted as applied for but subject to the
following conditions agreed between the applicant and West Midlands
Police:
The
Prevention of Crime and Disorder
- A digital CCTV system
with recording equipment is installed and maintained at the
premises;
- CCTV will cover entry
and exits points of the premises and all areas where alcohol /
money is served / taken and all areas to where public have access
and the immediate vicinity outside the premises;
- Images / recordings
to be downloaded in a suitable format and provided to any member of
a Responsible Authority upon request and without any due
delay;
- Images and recordings
must be of evidential quality, must indicate the correct time and
date and be kept for at least 31 days;
- All managerial staff
to be trained to use the CCTV system and at least one member of
staff to be on duty who is trained to download the systems images
should any member of a Responsible Authority make a
request;
- During Banqueting
Halls’ hours of operation, SIA accredited door supervisors
will be employed at a ratio of 1:50 for events. However, door
supervisors will be employed at a ratio of 1:75 for private
functions including birthdays, anniversaries, weddings, funerals
and similar. At least two SIA will operate the front entrance to
the premises;
- Weddings and any
other functions will be notified to the Police licensing no less
than 14 days in advance. Music or dance events will also be
notified to the Police licensing no less than 14 days in
advance;
- Boxing, martial arts
or any form of indoor contact sports events will be notified to
Police licensing no less than 14 days in advance. Details of the
promoter and participants will be provided to Police for suitable
risk assessments to be conducted;
- Drinks, glassware or
bottles will not be permitted to be removed from the
premises;
- Staff and security
operatives have a communications device; this allows any incidents
or issues to be dealt with efficiently and effectively;
- Once event / function
notifications have been provided to West Midlands Police (Police
licensing), they will have a right of veto over any such events /
functions should they decide that by holding the event / function,
the Premises Licence Holder or DPS will not be promoting the
licensing objectives. The premises must implement all
recommendations of the Police, made in response to the risk
assessments that are designed to reduce the risks to the licensing
objectives. Any Police recommendations must be communicated to the
Premises Licence Holder or DPS prior to the event / function. If
the Police recommendation is that the event / function must not
take place because of a serious risk to the Prevention of Crime and
Disorder or Public Safety licensing objectives, then an officer of
the rank of Inspector or above from Wolverhampton Police station
will provide a written explanation of the reasons for the veto, at
the same time as the recommendation or as soon as reasonably
practicable after it;
- For the purpose of
this licence an “event” is defined as: where any
licensable activity takes place on the premises which is either: A)
promoted or advertised to the public at any time before the event
or; B) predominately features DJ’s or MC’s performing
live or to a recording backtrack;
- An incident log must
be maintained at the premises and a written record of any incident
that occurs at the premises must be appropriately recorded. Where
it is deemed appropriate the incident must be immediately reported
to West Midlands Police. Incident log book to be produced to a
member of a responsible authority upon request;
- To ensure compliance
with Challenge 25 a ‘refusals book’ where any sale of
alcohol is refused to persons who present themselves to be under
age;
- No alcohol will be
sold to a customer who presents as intoxicated. Any customer who
becomes disorderly will be removed from the premises;
The
Protection of Children From Harm
- All staff will be
trained in Challenge 25; all appropriate ID checks will be
undertaken by all staff to ensure no sale of alcohol is made to
underage persons;
- All staff to receive
training and refresher training every 6 months on their
responsibilities with regard to licensing legislation. Training to
be documented and shown to members of a Responsible Authority upon
request;
- Acceptable ID will be
a valid passport, photo card driving licence, Military ID or
recognised proof of age card;
- No customer under 18
to be admitted to the bar and no customer under 18 to be admitted
to the restaurant unless accompanied by a responsible
adult;
- No customers under 18
to be present on the premises after 22:00 – Monday –
Thursday or 01:30 – Friday to Sundays;
- Security staff will
be vigilant regarding unaccompanied children within the premises.
Children will not be allowed to leave the premises without a
responsible adult;
- Events organised
specifically for persons under 18, will not be held at the same
time as the premises are open for usual business. At least 21 days
notification to be given to the Police licensing of any event that
is aimed at the under 18 age group.
The following conditions agreed
between the applicant and the Licensing Authority:
Public Safety
·
To meet the requirements of the Regulatory Fire
Safety Order 2005
and
meet the British standards or equivalent for all equipment and
furnishing. Capacity numbers should be calculated for the different
types of use of the premises and noted within the Fire Risk
Assessment.
Conditions agreed between the
applicant and Environmental Health (Commercial):
The
Prevention of Public Nuisance
·
Noise and vibration should not be allowed to emanate
from the premises so as to cause a nuisance to nearby commercial
properties or residents;
·
Except for access and egress all doors and windows
shall be kept closed during periods of entertainment associated
with the Premises Licence;
·
The manager, licence holder or other competent
person shall carry out observations in the vicinity of the nearest
noise sensitive properties, at regular intervals whilst the
Premises Licence is being exercised in order to establish whether
there is a noise breakout from the premises. If the observation
reveals noise breakouts at a level likely to cause disturbance to
the occupants of properties in the vicinity when the volume of
music shall be reduced to a level that does not cause
disturbance;
·
Clear notices should be displayed at all points
where customers leave the building instructing them to respect the
needs of local residents and leave the premises and the area
quietly;
·
Clear notices should be displayed at exits to
smoking areas requesting customers to use such areas
quietly.
It is considered that the above
conditions should be attached in support of all the licensing
objectives.
It is intended that these
agreed conditions will replace those in the Operating Schedule of
the current premises licence shown at pages 32 – 34 of the
documents attached to the report and will also replace proposed
conditions on the application at Section M, page 24 of the bundle
of documents attached to the report. Finally, mandatory conditions
required by the Act will be attached to the licence.
Written confirmation of the Sub
Committee’s decision will be forwarded within the next five
working days.
All parties have a right of
appeal to the Magistrates Court within 21 days of receipt of this
decision.