Agenda item

The Committee considered a report of the Licensing Team Leader regarding an application for the grant of a Club Premises Certificate in respect of Ustinov College Bar, Ustinov College, Sheraton House, Sheraton Park, Durham (for copy see file of Minutes).

 

A copy of the application and supporting documentation had been circulated, together with additional information from the Applicant which included a map illustrating the location of the College within the local area, and a CGI of the buildings and landscaped area. Reference had been made in the Bundle to the Cundall Report, an environmental noise assessment of the Common Room/Bar, and a copy was provided to Members.  

 

Councillor L Brown, local Member addressed the Sub-Committee. The Member explained that the new Ustinov College consisted of two large blocks with a mix of bedrooms, office and communal space. The new buildings were fronted by a landscaped area, and family homes were located less than 10m away. There were many conditions attached to the Premises Licence and she had no objections to on sales, however given that the Applicant had given an assurance that there would be no drinking outside, the Member asked why off sales were included. She did not believe that the applicant would be able to prevent drinking outside in the landscaped area which could give rise to public nuisance and crime and disorder.

 

In response to a question from Councillor Carr, Councillor Brown stated that behind the landscaped area was a large playing field, and she was worried that drinking would also extend into this area.

 

Councillor D Brown asked about the mix of student and residential accommodation in the surrounding locality, and was informed that student accommodation comprised a relatively small percentage. Many of the residents were families with young children.

 

S Buston referred to the additional conditions offered by the applicant and asked if the proposal for a 24/7 porter service allayed her concerns. In welcoming the efforts of Mr McDonald the Member felt that the porters would be required to be in a number of places at once.

 

Mr Doig, of Nevilles Cross Community Association addressed the Sub-Committee.  He commenced by expressing thanks to the applicant for his support. This college had a 25 year licence from developers and it was therefore important to get the details of the Premises Licence correct at this point.

 

Mr Doig referred to the noise assessment report and asked that all recommendations be implemented, including that relating to the disposal of bottles.

 

He noted that students would be required to sign in and he asked the Club to strictly restrict the number of people who were not members.

 

In summer evenings he believed that there would be drinking outside. The Association would like to see off sales managed to prevent this. He also asked how the College would manage smokers who wanted to take a drink outside with them.

 

In terms of 24 hour on site security he asked that a designated telephone number be provided to allow residents to report any problems as they occurred.

 

Mr McDonald addressed the matters raised by Councillor L Brown and Mr Doig. He explained that Ustinov College was a post-graduate only college for students between 22 and 55 years old who would be on site 50 weeks of the year.

 

Mr McDonald referred Members to the maps he had provided which showed the two buildings, Neville House and Sheraton House. Neville House accommodated staff and 400 students, and Sheraton House included 191 student bedrooms and the social space. Students would be able to carry capped bottles between Sheraton House and Neville House. The bar café would be for use by all members and would be a significant space for all post-graduates to meet socially in a convivial atmosphere. The bar would be used both socially and educationally.

 

The college was fully aware of its responsibility to promote the licensing objectives. The absence of representations from Responsible Authorities confirmed that their responsibilities had been fulfilled.  

 

The Constitution of the Club had been changed to exclude non-members to address the Association’s concerns about visitor numbers, and would be the only college bar to restrict access to members and guests. He could address the concerns about the number of guests but he was minded that if only residential students were permitted this would diminish the way the college sought to operate and provide the student experience.

 

Currently the college had only been required to exclude three students for a short period which reflected the maturity of the students at Ustinov. He appreciated Councillor L Brown’s points about off-sales to those students who lived in the blocks, and rules would be put in place to make it clear that no alcohol would be permitted outside. This would be policed and reviewed regularly by the porters and the bar staff. The bar staff would not permit the purchase of large volumes of alcohol which would prevent any opportunities for impromptu parties outside.

 

The opening hours had been reduced to address the concerns of residents, and only the bar area of Sheraton House would be licensed. The College had chosen not to include the landscaped area in the application, which demonstrated its desire to be a good neighbour.

 

The frequency of events up to 2.00am had also been reduced from fifteen to six and residents would be made aware two weeks in advance that an event was taking place.

 

All recommendations within the Cundall report would be met and a noise limiter would be installed. The social events would take place in a brick-walled room with high quality acoustic glass to ensure that noise did not affect residents. A state of the art air conditioning unit had been incorporated into the social space which would be capable of maintaining a steady temperature, which would ensure that there would be no need to open doors and windows.

 

There would be 24/7 cover with access to the University’s security and there would be a member of the Management Team on call every day. A dedicated telephone number would be provided for residents and dedicated e-mail address for the Residents Association. Neville’s Cross Community Association would be represented on the Bar Management Committee.

 

Following a request for clarification from the Chairman, Mr McDonald agreed that there would be no disposal of glass bottles after 9.30pm. Suppliers would maintain their current delivery schedule of between 12 noon and 3.00pm one day per week.

 

Councillor D Brown asked if there would be any vehicles permitted in the landscaped area and was advised that bollards would restrict access.

 

Mr J Graham addressed the Sub-Committee in support of the application. He explained that his role as President of the Common Room was to promote a single community and the bar area was fundamental to this, providing a centre for social activities, films, art exhibitions and seminars, functioning more like a living room than a pub. As a student himself he was biased but he appreciated the ramifications of new students in a residential area. He met regularly with the Community Association and would continue to do so. The licensing hours had been reduced and the restricted late openings reflected their intention to be good neighbours. The proposed restriction on membership was unique and another step to ensure that the community was not disturbed. The exclusion of non-residents was difficult for a college community as only a small number lived on site. A college was not defined by its buildings but by its community and a standard room at Sheraton Park was a luxury many students could not afford. Excluding them from the bar would cut them off from the student experience and would create a two-tiered community. Less than half the College Executive Committee would be able to visit its own bar.

 

Mr Doig asked for more information about staff security at night and how the College would police smokers.

 

Mr McDonald advised that there would be 24/7 porter cover who had access to the University’s security. Membership would be policed by the Common Room staff and bar staff would police the sale of alcohol. Smokers would not be allowed to take alcohol outside but it would be unfeasible to police people who smoked outside the premises.

 

Mr Doig referred to membership and the potential for 1000 eligible customers, who would access the premises via local footpath routes. He was concerned that people walking back to their own accommodation in Durham may disturb residents late at night. Mr Doig was informed that a Notice would be erected asking customers to leave the building quietly.

 

All parties were invited to sum up. Mr McDonald reiterated that Ustinov College was seeking to establish a college community. The development had morphed into a long established college, and he recognised the sensitivity of a change in the intended use which was why the college had worked closely in partnership to address the concerns of residents and to address the licensing objectives. The only areas of disagreement were off sales and the issue of membership which he believed had been addressed. It was a requirement of the University that all colleges were accredited with ‘Best Bar None’.

 

At 12.50am the Sub-Committee retired to deliberate the application in private. After reconvening at 1.00pm the Chairman delivered the Sub-Committee’s decision. In reaching their decision members had taken into account the report of the Licensing Team Leader and additional information provided by the Applicant, and the written and verbal representations of the Applicant and other persons.

 

Resolved:

 

That the application for a Premises Licence be granted as follows:-

 

Activity	Days & Hours requested
Supply of Alcohol (for consumption on and off the premises)	Monday to Friday       19.30 to 23.00 hours Saturday & Sunday   14.00 to 23.00 hours   On a maximum of six occasions per year up until 02.00 hours
Live Music (indoors) and Recorded Music (indoors)	Monday to Friday       19.30 to 23.00 hours Saturday & Sunday   14.00 to 23.00 hours   On a maximum of six occasions per year up until 02.00 hours
Plays, films, performances of dance, similar entertainment (all indoors)	Monday to Friday       19.30 to 23.00 hours Saturday & Sunday   14.00 to 23.00 hours
Opening Hours	Monday to Friday       19.30 to 23.20 hours Saturday & Sunday   14.00 to 23.20 hours   On a maximum of six occasions per year up until 02.00 hours

 

 

              Conditions, proposed by the Applicant, to be attached to the premises licence:

 

The Prevention of Crime and Disorder

 

a)        The following general provisions are in place to ensure that they are achieved and regularly reviewed:

 

i)          Policy on the management of university bars.

 

ii)         Standard Operating Manual and Schedule of General Bar Regulations. 

 

iii)       Training strategy for personal licence holders, bar staff, bar management committee members and college porters.  The records of training will be maintained by Ustinov College and made available for review by officers of the relevant responsible authorities as outlined in the Licensing Act 2003. 

 

iv)       Performance management framework to ensure scrutiny and oversight of the bar operation and its management.

 

v)        Annual application to the Durham City “Best Bar None” scheme for re-accreditation. 

 

b)        Authorised staff, employed by Durham Police, shall have free access to all parts of the licensed premises, at all reasonable times, for the purpose of inspection to ensure compliance with the terms and conditions of the club premises certificate and to ensure the promotion of the licensing objectives. 

 

c)         Initial staff training to be carried out by an approved member of staff to ensure no alcohol is sold to anyone underage and refresher training to be carried out every six months. 

 

d)        Training records to be kept for every member of staff and endorsed after every training session.  The records will be made available to officers and responsible authorities when requested to do so.

 

e)        CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions.

 

f)          Cameras shall encompass the inside and outside of the main entrance and exit to the premises and all areas inside the premise where the sale/supply of alcohol occurs.

 

g)        Equipment will be maintained in good working order and be correctly time and date stamped.  Recordings will be kept for a period of 28 days and handed to the responsible authorities within a reasonable time frame agreed between officers and an authorised person.

 

h)        The CCTV system will incorporate a battery backup system to enable 24 hour continuous recording in case any power blackout/failure.

 

i)          The licence holder will ensure at all times an appointed member of staff is capable and competent at viewing and downloading CCTV footage in recordable format, either disc, hard drive or memory stick to responsible authorities within a reasonable time frame agreed between officers and the authorised person. 

 

j)          The recording equipment and discs/memory sticks shall be kept in a secure environment under the control of responsible named individual. 

 

k)         An operational weekly log report will be maintained and endorsed by a signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded. 

 

l)          Proof of age checks carried out for all people under the age of 25 via the Challenge 25 scheme.  The only forms of identification accepted will be a passport, photo driving licence and “PASS” hologram ID.

 

m)       A refusal register will be kept and endorsed after every sale of alcohol refused, this will include over 18s purchasing alcohol and passing it to under 18s (proxy sales).

 

Public Safety

 

n)        Use of plastic glasses only at designated events and the decanting of drinks from glass bottles to minimise risk from broken glass. 

 

The Prevention of Public Nuisance

 

o)        The Ustinov College Graduate Common Room (GCR) will show films in the social space as part of the general entertainment provided for club members.  Use of any sound equipment in support of the film projection will be in accordance with the planning conditions set by the local authority in the report dated 7 April 2017. 

 

p)        Live music will be a feature of entertainment in the common room/bar area.  Use of any sound equipment will be in accordance with the planning conditions set by the local authority in the report dated 7 April 2017.  Similarly management of the building – no open windows, doors etc., will be in accordance with the planning conditions in the same report. 

 

q)        On a maximum of six occasions per year, events such as those described above will run beyond the standard timings.  The non-standard timings will run to 02.00 hours at the latest for each of the six nominated events.  Where such a non-standard timing is utilised Ustinov College will notify the local licensing authority, the Sheraton Park Residents Association and the Nevilles Cross Residents Association 14 days before the event.  This notification will be via telephone call and/or email.  

 

r)         Ustinov College seeks on and off sales to allow residents in Neville House and Sheraton House to purchase alcohol and soft drinks and return with them to their college accommodation to enjoy them whilst studying or socialising with friends in their cluster flats.  The College will establish a college rule prohibiting the purchase of alcohol for the purposes of consuming it outdoors in the space between Neville House and Sheraton House.  This college rule will be policed by college staff including the 24/7 college porters.

 

s)         The requested opening hours are as stated with a subsequent 20 minutes drinking up period.  At the end of opening hours bar staff will be instructed only to sell quantities of alcohol to customers that could be consumed in the 20 minute drinking up time.  Requests for excessive volumes of alcohol will be refused.  At the end of the 20 minute drinking up period bar staff will clear all glass and bottles whether empty or not.

 

t)          The College shall implement all the recommendations in the Sheraton Park, Durham Environmental Noise Assessment document prepared by consultants Cundall.

 

u)        The current document titled “Constitutional Arrangements Qualifying for a Club Premises Certificate” which outlines membership of the Ustinov College Bar will not be amended unless there is unanimous support from the Ustinov Bar Management Committee and subsequent ratification by the Ustinov College Council.

 

v)         The Ustinov College Bar will operate primarily as a bottle bar with a limited space to provide keg beers.  There will not be a ‘chill cellar’ with the associated noise from an air conditioning device.

 

w)       Issues of anti-social behaviour caused by patrons of the Ustinov College bar will be dealt with by a recognised escalation process.  The 24/7 porter will provide an immediate response onsite.  This response can, when appropriate, be supported by university security staff.  The college operates a 365 days of the year on-call emergency duty officer rota.  This officer can be contacted by the porter when appropriate.  None of the above prevents the duty porter and/or university security from contacting the local police if necessary.  The escalation process will ensure that incidents of anti-social behaviour are dealt with in a timely manner.  In addition management information concerning numbers and nature of incidents will be discussed at the regular Ustinov College Bar Management Committee meeting at which residents will be represented.

 

 

The Protection of Children from Harm

 

x)         In order to protect children from unsuitable and even harmful content in films and videos and to give customers information they might need about a particular film or video before deciding whether or not to view it, the British Board of Film Classification (BBFC) examines and age rates films and videos before they are released.  The graduate common room DVD/film club shows films of varying classifications and ensures the classifications are publicised in advance of the showing.  DVDs and films are shown in the bar area and bar staff are briefed on the need to challenge people where they appear to be below the age of the classification of the film.  The college will adopt the Challenge 25 scheme as the proof of age policy.  The only forms of identification we will accept are a passport, a photo driving licence and a “PASS” hologram ID.

 

y)         Designated children’s areas at events located away from the licensed bar area.

 

z)         Restricted use of photography to minimise unwanted use of child images.

 

aa)     Policy about children under the age of 18 having to be accompanied on licensed premises. 

 

 

Conditions, imposed by the Sub-Committee, to be attached to the premises licence:

 

a)        A dedicated telephone number will be provided to allow any immediate concerns of nuisance to be raised.

 

b)        Potential noise from groups of smokers will be overseen by bar management and additional signage will also be provided to remind customers to be considerate of neighbouring properties.

 

 

 

c)         Bottle disposals shall not be carried out after 9.30pm or before 7.00am.

 

d)        The premises shall be used by members only with a maximum of two guests per member in any 24 hour period.