Agenda item

An application for a Premises Licence in respect of Cosmo Bonsor, 14 Bond Street, Wolverhampton, WV2 4AS was considered following

representations received from West Midlands Police and Licensing Authority.

 

The Chair led round-table introductions and outlined the procedure to be followed. All parties confirmed that they understood the procedure.

 

Elizabeth Gregg, Senior Licensing Officer, provided an outline of the application. She explained that since the agenda had been published Heath Thomas, Solicitor representing the Applicant, Mr Jason Pitt, had submitted additional information for the Licensing Sub-Committee to consider. The supplementary information had been made exempt under Paragraph 1 of Schedule 12A of the Local Government Act 1972, as it contains information relating to an individual.

 

Heath Thomas confirmed the report to be correct and advised he would be happy for the press and public to not be excluded for the exempt information.

 

The Chair invited the Applicant to present the application. Mr Heath Thomas, representing the applicant, did so as per appendix 1 and made reference to the supplementary information pack. The supplementary pack included proposed conditions volunteered by the applicant and proposed conditions that had been agreed with West Midlands Police prior to the Sub-Committee hearing. The conditions included issues in relation to times of SIA door staff and the frequency of searching.

 

The Chair afforded all parties present the opportunity to question Mr Thomas in relation to his submission.

 

Mr Heath Thomas and Mr Jason Pitt responded to questions asked. Mr Thomas confirmed that he would accept Environmental Health’s condition as per Appendix 5 with the amendment time of 21:00 to be added to the condition.

 

The Statutory Licensing Sub-Committee was adjourned at 11:40 for a short break.

 

The Statutory Licensing Sub-Committee reconvened at 11:45.

 

The Chair invited the West Midlands Police to make representations.

 

Sgt Steph Reynolds, representing West Midlands Police, did so as per Appendix 3. She advised that significant mediation hadtaken place between West Midlands Police and the Applicant, but they could not agree on the time SIA door staff would start and the frequency of searches. West Midlands Police requested that SIA door staff start at 22:00hrs every Friday and Saturday night and that all persons wishing to enter or re-enter the premises would be subject to a full search policy.

 

The Chair afforded all parties present the opportunity to question West Midlands Police in relation to its submission.

 

Sgt Steph Reynolds responded to questions asked.

 

The Chair invited the Licensing Authority to make representations.

 

Mrs Elaine Moreton did so as per Appendix 4.

 

The Chair afforded all parties present the opportunity to question the Licensing Authority in relation to its submission. No questions were asked.

 

The Chair invited all parties present to make their final address.

 

All parties present made a final statement.

 

All interested parties, with the exception of the Solicitor and the Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.

 

All interested parties were invited back to the meeting and the Chair advised them of the decision of the Sub-Committee, which was read out by the Solicitor. The Solicitor advised that conditions 1-34 listed below would be included in the full decision notice that would be sent to all interested parties within 5 working days.

 

Resolved:

The Sub-Committee have taken note of all written concerns raised in respect of the application for a premises licence for Cosmo Bonsor, 14 Bond Street, Wolverhampton WV2 4AS. They have listened to the arguments of those who have spoken at the hearing, both for and against the application.

 

The Sub-Committee have heard from the Applicant that:

1.  Cosmo Bonsor is a new hospitality venue,

2.  The intention is to refurbish, rebrand and relaunch the venue by recreating the Edwardian style,

3.  The intention is to encourage use by businesses,

4.  They have worked closely with West Midlands Police and have agreed a number of proposed conditions with issues only in relation to times of SIA and frequency of searching,

5.  The applicant believes evidence suggests from 22:00 for SIA on Friday and Saturday and that random, risk-based searching is appropriate and proportionate,

6.  Relevant paragraphs from the s182 Home office guidance were outlined.

 

The Sub-Committee have heard from West Midlands Police that:

1.  21:00 for SIA on Friday and Saturday and compulsory searching is appropriate and proportionate in furtherance of the crime and disorder licensing objective,

2.  This is preventative in accordance with the Licensing Objectives,

3.  These proposals are not standard but tailored to meet this application,

4.  These premises are welcomed to the city.

 

The Sub-Committee have heard that Environmental Heath have not made a relevant representation however, they have proposed a condition dealing with public nuisance. The proposed condition reads:

 

During times of Regulated Entertainment the windows to the front of the premises must be kept closed and the front doors only opened to allow access and egress

 

The applicant is prepared to offer this condition on the basis closure of doors and windows is required after 21:00 hours.

 

The Sub-Committee have heard from the Licensing Authority as Responsible Authority that:

1.  Representations are made in furtherance of the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm licensing objectives.

2.  Most concerns in Relevant Representations made have been met

3.  The premises are welcomed to Wolverhampton

 

The Sub-Committee have had regard to both the written and oral evidence that has been presented and attached appropriate weight.

 

Having considered the views of all concerned, the Sub-Committee have decided that the application for a premises licence should be granted, as applied for, subject to the terms and conditions detailed below in accordance with section 18 of the Licensing Act 2018.

 

It is considered by the LSC that the following conditions should be attached in support of the licensing objectives:

Those conditions contained within the operating schedule proposed by the applicant and detailed at Page 19 -20 of the supplemental agenda pack to include additional matters agreed with WMP detailed below:

1.  The premises shall install and maintain a CCTV system. All entry and exit points AND all areas that public have access except the toilets will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

2.  A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

3.  A paginated incident book shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) any refusal of the sale of alcohol

(f) any visit by a relevant authority or emergency service

4.  Door Supervisors to be employed at the premises subject to risk assessment completed by the premises licence holder and/or designated premises supervisor.

5.  A fire risk assessment will be conducted and implemented in the premises.

6.  The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance.

7.  Clear notices will be displayed at all exits requesting patrons to leave the premises quietly.

8.  It is proposed that children will be permitted access to the premises in accordance with the provisions of the Licensing Act 2003.

9.  Mandatory conditions will apply requiring a proof of age policy to be implemented in the premises. The premises will adopt a Challenge 25 scheme. Any person who appears to be under the age of 25 years will be required to show photographic identification prior to the supply of alcohol.

10.  All relevant staff will be trained in the law regarding the sale of alcohol to underage persons. This training will be documented and made available upon request of the police or authorised member of the licensing authority.

 

Those conditions agreed between the applicant and the West Midlands Police to include modification as detailed below:

11.  Door Supervisors will be SIA registered and will be in place every Friday to Saturday from 22.00hrs until all customers have left the venue.

12.  When Wolverhampton Wanderers FC play at home, Door staff will be required for a period of 2 hours before and 2 hours after kick off.

13.  All other occasions Door Staff requirements will be risk assessed by the PLH/DPS, but in all instances the ratio will be at 1:75

14.  All DS to wear high visibility jackets/vests OR arm bands

15.  At least one member of DS will be female, to allow female patrons to be searched appropriately.

16.  Knife wands will be maintained in good working order and if they break WMP are to be informed and action taken to repair at the earliest opportunity.

17.  Clickers will be used to effectively manage the number of patrons on Fridays and Saturdays only.

18.  A zero-tolerance policy to all drugs, with signs placed at key locations informing patrons of this. These key locations would be all entrance areas, toilets, bar area and anywhere else the venue feels appropriate.

19.  A clearly visible notice will be placed at each entrance to the premises advising those attending that it is a condition of entry that customers agree to being searched and that the police will be informed if anyone is found in possession of controlled substances or weapons.

20.  There shall be a lockable ‘drugs box’ at the premises to which no member of staff, except the DPS and/or a single designated role-holder at business, shall have access. All controlled drugs (or items suspected to be) found at the premises must be placed in this box as soon as practicable. Whenever this box is emptied, all its contents must be given to West Midlands Police for appropriate disposal.

21.  The DPS or representative will attend Pubwatch meetings.

22.  All staff shall be trained in

•Challenge 25

•Recognising signs of drunkenness,

•How to refuse service,

•The premises’ duty of care,

•Company policies and reporting procedures,

•Action to be taken in the event of an emergency, including the preservation of a crime scene and reporting an incident to the emergency services,

•The conditions in force under this licence.

23.  Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 12 monthly intervals. Training records shall be made available for inspection upon request of any RA.

24.  The premises will participate in the local link radio scheme and ensure that they have at least one fully functional link radio at all times when the premises is open for licensable activity.

25.  West Midlands Police will receive full details of all events including DJ’s and any other performers, with at least 14 days’ notice so that a full risk assessment can be made.

26.  All staff to be trained in order to carry out a safe evacuation of the premises in an emergency and training to be implemented on an annual basis. A record of this training to be kept on the premises and be made available to a RA upon request.

27.  The number of persons permitted in the premises at any one-time including staff shall not exceed the capacity set in the premises Fire Risk Assessment, and this number shall be prominently displayed by each entrance to the premises.

28.  The premises licence holder shall ensure that at all times when the public are present there is at least one competent and fully trained person able to administer first aid, that an adequate and appropriate supply of first aid equipment and materials is available on the premises, and that adequate records are maintained in relation to the supply of any first aid treatment.

29.  All staff on duty at the premises shall be trained in the Fire Safety and Evacuation procedures for the premises and aware of their individual responsibilities. This includes any door supervisors. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 monthly intervals.

30.  Training records shall be made available for inspection upon request by any Responsible Authority.

31.  All staff to be trained on the Challenge 25 policy. This training will be documented and refreshed every 12 months and made available to any Responsible Authority upon request.

32.   No events solely for those under 18 will be permitted on the premises unless WMP is notified with all the details with at least 14 days’ notice of the event so a risk assessment can be undertaken.

33.  The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, or a card bearing the PASS hologram.

34.  The premises shall display prominent signage indicating at all points of sale and at the entrance to the premises that the Challenge 25 scheme is in operation.

And the following additional conditions:

35.  Random searching will be a condition of entry in line with a risk-based search policy to be reviewed 3 months after the premises opens to be public following grant of licence.

 

36.  Search procedure will be as follows:

• All pockets to be emptied/bags searched

• A metal detecting wand will then be used to scan from head to toe

• Full body pat down from head to toe

 

37.  During times of Regulated entertainment after 21:00 hours the windows to the front of the premises must be kept closed and the front doors only opened to allow access and egress.

 

A written copy of the decision will be forwarded to all parties within 5 working days of the decision.

 

All parties have a right of appeal to the Magistrates Court within 21 days of receipt of this decision.