Agenda item

The Committee considered a report of the Corporate Director of Regeneration and Local Services regarding an application for the grant of a Premises Licence regarding Players, Unit 3, Freemans Place, Walkergate (for copy see file of Minutes).

 

A copy of the application and supporting documentation had been circulated to members together with additional information from St Nicholas Community Forum and photographs showing the location of Players in relation to other premises in the City.

 

Mr Metson, other person was invited to address the Sub-Committee and advised that as a resident of Sidegate across the river, he objected to the levels of noise residents were subjected to late at night and at so many times of the year from music and drunkenness emanating from the premises. No residents should have to put up with this.

 

Mr Plummer, other person stated that he lived close to the river and this had the effect of funnelling noise, which residents experienced particularly on Wednesday and Saturday nights. He heard noise when the doors were open, and when customers left the premises from 02.00hrs. He echoed the objection to the application on the grounds of public nuisance.

 

Mrs Ashby, other person addressed the Sub-Committee as a member of St Nicholas Community Forum, a resident group which covered Framwelgate Bridge to Gilesgate roundabout, Elvet and onto the peninsula. Her representations were on behalf of the Forum and the local community. She informed the Sub-Committee that residents lived in flats only 200-300 yards adjacent to the edge of Walkergate. Next year there would be a further 400 plus student and tourist rooms, plus negotiations were underway for a hotel across the river which would be subject to the noise. This would not be good for tourism.

 

In terms of the application she was concerned about the potential for a further 15 occasions a year where the activities would be extended until 04.00 hrs which raised issues of public safety. Although she was aware that this application had to be considered on its own merits, this premises was part of a chain with plans to extend their operations to other student cities. Mrs Ashby also noted that adult entertainment in the form of dance was proposed yet there appeared to be no provision for the safety and comfort of the dancers nor was it clear where in the premises this activity would occur.

 

The Forum also strongly objected to the sale of alcohol off the premises on the grounds of public nuisance as it would be consumed by people leaving the building.

 

She also noted that gaming machines were included, and whilst the operating schedule stated that the atmosphere may not be appropriate for children, it did not make clear what provisions were made to ensure their safety.

 

Whilst it was noted that the Police had discussed with the applicant the number of security personnel required, the Forum considered that there should be at least two provided.

 

Members of the Forum had witnessed glass bottles left by people queuing to enter the premises and Mrs Ashby asked how the applicant would address this.

 

Mrs Ashby referred to the late evidence submitted which included an on-line advertisement for a premises owned by the applicant in another City which offered ‘awesome drink deals’. She did not believe that Players would operate any differently.

 

The operating schedule advised that music would gradually reduce in volume to create a wind down period. The Forum considered that the music should be switched off at a specified time before closing so that customers would not be talking loudly as they vacated the premises.

 

Mrs Ashby advised that she would be concerned if the premises allowed drinks to be ordered by phone from customers’ tables as staff would not be able to effectively control drunkenness.

 

Mrs Ashby was grateful that the Policy recognised nuisance caused by vehicles. Customers left the premises by taxis passing residential properties and she asked for clarity about the management of taxis and other vehicles between 02.30hrs and 04.00hrs. The use of Leazes Road slip road would cause less disruption.

 

Included in the pack was a table listing all occasions when residents had been woken in the early hours. Whilst this could not be attached to Players, it did identify that there were existing problems in the area which affected public health. She had only had eight hours sleep in the last two days and this was not unusual.

 

In conclusion Mrs Ashby asked that the application be rejected as it would not uphold the licensing objectives of public safety, prevention of public nuisance and the protection of children from harm. If the application was granted she asked that the terminal hour for all licensable activities be 02.00hrs, that there be no extensions permitted to 04.00hrs but if this was agreed, the request to increase from 12 to 15 per year be rejected, as this represented more than one event per month.

 

Mr Shield, the applicant’s Solicitor asked if any complaint had been made to existing premises in Walkergate or to Environmental Health. The applicant had not been made aware of any complaints during the consultation period.

 

Mr Metson responded that he was not aware of any complaints but there may have been. Mrs Ashby advised that the Forum had been in close contact with Durham University Student Police Liaison Officer and a letter had been sent to both DCC and the Police seeking to address some of the issues. The Secretary of the Forum had been in communication with Environmental Health about the matters of concern.

 

Mr Shield referred to the noise log submitted by the Forum which related to student accommodation on Bakehouse Lane and roundabout, and noted that the time period was prior to the application being lodged, and that it did not relate to the premises. Mrs Ashby conceded that the log could not be associated with Players but made the point that with 500 students leaving a nightclub at 02.30hrs there would be a connection with this location and disturbance to residents.

 

Members were informed that the log was included in the bundle as it had been submitted with relevant representations. It was for Members to decide what weight to attach to the information.

 

Mr S Mooney, Solicitor for Durham Constabulary addressed the Sub-Committee and advised that there had been two main issues with the original submission; door supervisors and the request to extend the hours of operation until 04.00hrs on up to 15 occasions per year. The matter of the door supervisors had been resolved following discussions with the applicant, however their objection regarding the extension of hours on up to 15 times per year remained. 04.00hrs was beyond the recommended hours in the Statement of Licensing Policy.    Application could be made by way of TENs for additional events but the applicant had said that a maximum capacity of 499 permitted by a TEN was not enough. However other premises in Walkergate were able to manage within the TEN process. The Police were concerned that alcohol consumption and disorder would increase, and there would also be increased noise as customers left the premises, and increased taxi noise. 

 

Following questions from Mr Shield, Sgt Dickenson advised that the most recent TEN received was for Loveshack, but there had been others in the City which had been reported to the Sub-Committee, following objections by the Police.

 

Mrs Ashby asked if a public notice could be placed in the noticeboard in Millennium Square so that the public could be made aware when these events were to occur, should this element of the application be granted. This was confirmed by Mr Mooney.

 

Mr Shield was invited to address the Sub-Committee. He explained that Walkergate was a purpose-built leisure facility in the centre of the City, erected in 2006. The Statement of Licensing Policy acknowledged that the County was large and diverse, and therefore clearly the Policy could not be ‘one size fits all’.

 

The licensing hours requested had been agreed following a hearing in 2008. Due to an administrative error the Premises Licence had lapsed in October 2017 and the previous occupant had ceased trading. Had the landlord of Walkergate applied for a transfer of the premises licence in time, the hearing would not be taking place.

 

The applicant sought to restore the status quo that had operated successfully since 2006. There had not been any enforcement action taken around this site, although there had been a tragic accident at another premises in the complex. The applicant was fully aware of his responsibilities to the public.

 

The company was set up in 2005 and they had carefully developed each site, with premises in Newcastle, Sheffield, Leeds and most recently Birmingham. They were all similar premises that had not had any issues of disorder or noise and which were located in larger residential areas than Walkergate.

 

Players would bring something different to Walkergate, and the applicant was very experienced in dealing with clientele, particularly students.

 

TENs were not a viable option for Players, and he believed that the Police were likely to raise an objection to any application submitted beyond 01.00hrs. TENs were not an option because the capacity of the premises was 700; in practical terms it would not be feasible to ask 300 people to leave beyond the usual licensing hours. As had been said a notice of each event would be sent to the Police and the Licensing Authority. The Police would therefore have an opportunity to veto an event if felt necessary.

 

With regard to the on-line promotion referred to by Mrs Ashby he explained that this was 4 years old. In terms of the entertainment, dancers were professional, trained members of a troupe who would have a set at both Durham and Newcastle in one night and would perform on a stage. Students could pre-purchase entrance tickets which increased in price as the night progressed. 

 

The company continued to develop all its sites and in respect of the premises in Walkergate, 61 jobs would be created. If the hours requested were not approved the business would not be viable and would not open.

 

Mr Shield referred to three photographs which showed the distance from the premises to residential accommodation. Licensing Policy was clear, that there was personal responsibility for the behaviour of individuals leaving the premises. The operator’s responsibility was the premises and the immediate vicinity. There was no residential accommodation in the immediate vicinity; the accommodation was a purpose built student block.

 

The applicant had been in discussions with Environmental Health before the application was lodged to consider noise prevention measures, and acoustic lobbies had been included in the design. The interior had been designed with queuing in mind. The external queue would be supervised and anyone acting irresponsibly would not be permitted. Door supervisor provision had been agreed with the Police and there was provision for extra door supervisors at short notice if necessary.

 

None of the Responsible Authorities had made representation about public safety.

 

There would be no children permitted on the premises after 18.00hrs and the applicant would accept a condition to that effect.

 

Whilst the company held promotional events it did not offer heavily discounted drinks, and following a question from Councillor Maitland Mr Shield confirmed that drinks were not included in the ticket prices.

 

Councillor Hopgood noted that the application included off-sales and was advised that this was to allow the consumption of alcohol in the courtyard only, which would also have door supervisors.

 

The Member referred to the comment made by Mr Shield about there being no residential accommodation nearby. Walkergate had residential flats which were occupied by students who were also residents of the City. Mr Shield conceded this and corrected that it was a mixed area.

 

Councillor Hicks asked what was meant by ‘awesome drinks deals’ and was advised that drinks would cost less than on a Friday and Saturday night, but not to an irresponsible level.

 

In response to a further question from the Member, Mr Codona explained that the dancers were male street dancers who would perform for 10 minutes around 3-4 times per night.

 

Councillor Hopgood noted that Mr Shield had said that the business would not be viable if the hours were rolled back to 02.00hrs, yet the closing hours of premises in Leeds and Sheffield were 01.00hrs and 02.00hrs respectively. Mr Codona clarified that the Leeds premises closed at 03.30hrs.

 

Mrs Ashby asked about gaming machines and was advised that this had been part of the previous Premises Licence and could be removed from the application as none were intended.

 

All parties were invited to sum up. Mr Mooney stated that this was a credible operator with a good reputation, however their objection to the proposed extension to 04.00hrs on up to 15 occasions per year remained.

 

Mr Shield stated that there had previously been a premises licence at the premises for the hours applied for. There was no evidence to suggest that the former premises had been badly managed. This was a development designed for commercial use and the applicant had not been criticised for their operations other than an advert that was 4 years out of date but which had not resulted in any issues. The operating schedule had been carefully put together in discussion with the Police and Environmental Health. A policy in respect of the queuing system would be agreed with the Police before the premises opened.

 

The only remaining issue for the Police was the request for the sale of alcohol until 04.00hrs on up to 15 occasions per year. However if the Police had concerns about how the business operated in the past or in future, he believed that they would have objected to the application in general. The applicant would give notice of any events and would be happy for a notice to be erected on the noticeboard in Millennium Square to inform residents of a forthcoming event.

 

There had been no representations from Environmental Health because noise prevention proposals had been discussed with the Responsible Authority.

 

The representations from other persons were limited and there had been no complaints made about the premises or Walkergate in general.

 

Mr Shield then addressed Section 182 Guidance and specifically the provisions of paragraphs 1.17 that each application must be considered on its own merits, paragraph 2.21 that beyond the immediate areas surrounding the premises were matters of personal responsibility, and paragraphs 9.11 and 9.12 - all the Police had said with regard to the extension until 04.00hrs on up to 15 occasions was that they did not like the idea of it.

 

The Statement of Licensing Policy did not have a cumulative impact policy. The County was a very wide and diverse area. Paragraph 12.5 discussed framework hours; this was the centre of the City in a mixed use, commercial area.

 

The applicant appreciated the concerns raised and taking into account that this was a previously licensed premises, that reduced hours would not be viable and that there were other premises in the vicinity that operated until 02.00hrs, asked Members to grant the Premises Licence as submitted.

 

At 12.40am the Sub-Committee Resolvedto retire to deliberate the application in private. After re-convening at 13.05pm the Chair delivered the Sub-Committee’s decision.

 

In reaching their decision the Sub-Committee had considered the report of the Senior Licensing Officer and additional information, and the written and verbal representations of the Applicant, Responsible Authority and other persons. Members had also taken into account the Council’s Statement of Licensing Policy, and Section 182 Guidance issued by the Secretary of State.

 

Resolved:

 

That the Premises Licence be granted as follows:-

 

 

Activities

Days & Hours Requested

Sale of Alcohol (for consumption on and off the premises)         Films, Live Music, Recorded Music, Performances of Dance, Any Similar Entertainment (All indoors)       Late Night Refreshment (Indoors)           Opening Hours

Monday to Sunday: 10:00 – 02:00hrs. From 10:00hrs on New Years Eve until 02:00hrs on 2nd January.   Extension until 03:00hrs on the morning British Summertime begins.   Monday to Sunday: 10:00 – 02:30hrs. From 10:00hrs on New Years Eve until 02:30hrs on 2nd January.   Extension until 03:30hrs on the morning British Summertime begins.   Monday to Sunday: 10:00 – 02:30hrs. From 10:00hrs on New Years Eve until 02:30hrs on 2nd January.   Extension until 03:30hrs on the morning British Summertime begins.   Monday to Sunday: 10:00 – 02:30hrs. From 10:00hrs on New Years Eve until 02:30hrs on 2nd January.   Extension until 03:30hrs on the morning British Summertime begins.

 

 

The Committee considered the representation of the Applicant to remove gaming machines from the Application and the Committee approved this representation.

 

The Committee also considered the conditions suggested within the Operating Schedule and impose the conditions on the Licence as follows:

 

The Prevention of Crime And Disorder

 

a)   The Licence holder shall ensure that at all times when the premises are open for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence.

 

b)   The Licence holder shall provide at the premises radio communication  equipment to be operated in conjunction and in liaison with the local authority CCTV control room, while such a scheme is in operation.  Any radio communication system provided under this condition shall:-

 

i.      Be capable of sending and receiving messages to and from the local police and other licenses, designated premises supervisors, door supervisors, managers and club operators incorporated into any joint and mutually beneficial scheme operating in the area.

 

ii.    Be maintained in good working order at all times when the premises are being used for a licensable activity.

 

iii.   Be activated, made available to and monitored by the Designated Premises supervisor or a responsible member of staff at all times when the premises are being used for a licensable activity.

 

iv.   The premises will retain a note of who has responsibility for and control of the above radio.  Such records shall be retained for not less than 28 days and made available to the Authorities for inspection upon reasonable request.

 

c)    The Designated Premises Supervisors or other responsible person, appointed by the DPS from time to time, having responsibility for monitoring radio communication system provided under the provisions of this condition shall comply with any reasonable instructions or directions receive though the system from the police.

 

d)    The Designated Premises Supervisor or other responsible person, appointed by the DPS from time to time, shall use the radio communication system provided under the provisions of this condition to notify and report any incident of crime and disorder to the police as soon as practically possible, in accordance with agreed protocols.

 

e)    The Licence holder and Designated Premises Supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events shall:-

 

i.      At all times, deemed necessary by the said risk assessment, ensure an appropriate number of Door Supervisors (as defined in the Private Security Industry Act 2001) are on duty at a ratio of not less 1 per 100 customers.

 

f)     Such risk assessments shall be made available to the police as soon as practicable upon receipt of a formal written request.

 

g)    The Licence holder and Designated Premises Supervisor shall ensure that where physical searching of patrons is to be undertaken, there is sufficient number of appropriately trained staff to carry out such searches regardless of whether patrons are male and female.

 

h)   Door supervisors shall wear clothing of the same style, type and colour which may be appropriate to the nature of the venue, but which will ensure that they are clearly distinguished and identifiable as Door Supervisors having regard to the events and activities taking place at the licensed premises.

 

i)     The Designated Premises supervisor or other responsible person, appointed by the DPS from time to time, shall ensure that on each day that Door supervisors are engaged for duty at the premises that their details (names and licence numbers) are recorded in an appropriate form and kept at the premises.  In conjunction with this record, the designated Premises supervisor or other responsible person, appointed by the DPS from time to time, shall also keep a record of incidents.  These records must be available for inspection by the police or Authorised Officer at all times when the premises are open.

 

j)     No persons carrying open or sealed glass bottles shall be admitted to the premises at any time that the premises are open for any licensable activity, save when they have been purchased at the premises.

 

k)    No patrons shall be allowed to leave the premises whilst in the possession of any drinking vessel or open glass bottle, whether empty or containing any beverage except for consumption in the area immediately outside of the premises.  This condition shall not apply to patrons who have purchased beverages for consumption of the premises with the express consent to the designated Premises Supervisor or responsible person so authorised to do so by the designated Premises Supervisor. No alcohol may be sold for consumption off the premises save for consumption in an external area provided by the premises for that purpose. 

 

l)     There should be no sale of alcoholic drinks for consumption off the premises on New Year’s Eve/New Year’s Day or when an event is taking place, subject to notice in writing ben given the Licensee for the Licensing Authority (in conjunction with the Durham Constabulary) at least seven days prior to the respective day(s).

 

m)   The Licensee shall not advertise, promote, and sell or supply alcoholic drinks in such a way that is intended or likely to encourage persons to consume alcohol to an excessive extent.

 

n)   A CCTV system shall be designed, installed and maintained in proper working order, to the satisfaction of the Licensing Authority and in conjunction with the local Police.  Such system shall:-

 

i.      Be operated by properly trained staff,

ii.    Be in operation at all times that the premises are being used for a licensable activity save for periods of maintenance or repair,

iii.   Ensure coverage of all entrances and exits to the Licensed premises internally and externally,

iv.   Ensure coverage of such other areas as may be required by the Licensing Authority and the local police,

v.    Provide continuous recording facilities for each cameras to a good standard of clarity, save for periods of maintenance or repair.  Such recording shall be retained for a period of 28 days, and shall be supplied to the Licensing Authority or Police on receipt of a request from the Authority for disclosure demonstrating an exemption to the first data protection principle as per the Data Protection Act 1998.

 

o)    The premises will prepare a document detailing its entry procedures and policies – “the Entrance Policy”. The Entrance Policy will be provided to Durham’s Police Licensing section not less than 14 days prior to the first day of trading and a copy shall be lodged with the Licensing Authority.  The premises shall operate in accordance with the same, any revisions to the policy shall be communicated to the police as soon as reasonably practicable.

 

p)    Security will be appointed to manage security at the event.  They are experience and are part of the planning process.

 

q)    A risk assessment will be in place which covers the risk of violence, aggression and the event of a major incident.  This will be detailed within the Event Manual.

 

Public Safety

 

a)    The Designated Premises Supervisor shall ensure that there are effective management arrangements in place to enable him/her to know how many persons there are in the premises at times prescribed within the managements risk assessment.

 

b)    Safety checks including checks of exit doors must be carried out before the admission of the public.  These must correspond with the risk assessment and the conditions of the licence.

 

c)    Firefighting equipment shall be provided in the licensed premises in accordance with the risk assessment and staff shall be suitably trained as necessary.

 

d)    At least one suitably trained first aider shall be on duty at all time then the public are present.  Adequate and appropriate equipment and materials shall be provided for enabling first aid to be rendered to members of the public if they are injured or become ill whilst at the licensed premises.

 

e)    Emergency lighting must be provided in accordance with BS5266 (current edition) or an equivalent standard approved by the Licensing Authority.

 

The Prevention of Public Nuisance

 

a)    The lobby doors at the premises must be kept closed after the hour of 20:00 except for access and egress.

 

b)    Music played at the premises between 02:00 and 02:30 will gradually reduce in volume so as to create a ‘wind down’ period.

 

c)    Lighting provided externally to promote advertising of the premises or activities associated with the premises shall not be of an intensity that would cause reasonable nuisance to neighbouring or adjourning properties.

 

d)    Suitable ventilation and extraction systems shall be provided to eliminate noxious odours.  Such systems must be maintained on a regular basis.

e)    No glass or material or bottles shall be deposited in any skip bin or other container of a like nature, located in the open air outside of the premises, between the hours of 22:00 and 08:00 and any such skip, bin or container shall not be removed from the premises between those hours.

 

f)     Clear and legible notices shall be displayed at exits and other circulatory areas requesting patrons to leave the premises having regard to the needs of local residents, in particular emphasising the need to refrain from shouting.

 

The Protection of Children from Harm

 

a)   Appropriate signage will be displayed in the immediate vicinity of any gaming or age sensitive product with the premises advising as to the relevant age restrictions.  Such sensitive products will be situated in a position where they may be observed by members of staff and/or the installed CCTV system.

 

 

The Committee also considered the conditions following the mediation with the Local Safeguarding Children Board and believe it was necessary to impose the conditions on the Licence as follows:

 

Protection of Children from Harm

 

a)    All staff responsible for selling age restricted goods to be trained to implement the age verification policy. Staff training to include the risk from proxy sales. Training records for staff to be maintained and refresher training to be provided annually.

 

 

The Committee also considered the conditions following the mediation with the Durham Constabulary and believe it was necessary to impose the conditions on the Licence as follows:

 

Protection of Children from Harm

 

a)    The premises shall implement and operate a ‘Challenge 25’ policy.  All members of staff at the premises including Door Supervisors shall seek “credible photographic proof of age evidence” from any persons who appears to be under the age of 18 years and who is seeking access to the premises or is seeking to purchase of consume alcohol on the premises.  Such credible evidence, which shall include a photograph of the customer, will either be a passport, photographic driving licence, or Proof of Age card saying a “PASS” logo. Persons over the age 18 shall be permitted to purchase and consume alcohol.

 

The Prevention of Crime and Disorder

 

a)    The Licence holder and Designated Premises Supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events shall:-

 

i.      A minimum of 2 SIA door staff to start at 18:00hrs on a Saturday evening, rising to 4 SIA door staff by 22:00hrs.

 

ii.    A minimum of 2 SIA door staff to start at 18:00hrs on any Sunday evening preceding a Bank Holiday Monday, rising to 4 SIA door staff by 22:00hrs.

 

iii.   A minimum of 2 SIA door staff to start at 21:00hrs on a Friday evening.

 

iv.   A minimum of 2 SIA door staff to start at 21:00hrs on a Wednesday evening, rising to 4 SIA door staff by 22:00hrs.

 

v.    A minimum of 2 SIA door staff to start at 21:00hrs on any evening a ‘Student Night’ event is promoted at site.

 

b)   The management of the premises will operate a two way radio system within the premises allowing communication between senior management on duty (assistant manager and above) and members of the door team. 

 

 

The Committee also considered the conditions following the mediation with the Durham and Darlington Fire Service and believe it was necessary to impose the conditions on the Licence as follows:

 

Public Safety

 

a)   The maximum number of persons permitted on the premises at any one time shall not exceed a figure dictated by the premises’ Fire Risk Assessment prepared and maintained in accordance with The Regulatory Reform (Fire Safety) Order 2005.  The FRA shall be available for inspection at the premises.