Agenda item

In the matter of the application for a new Premises Licence, the Committee has considered the relevant representations made.

The Committee has made the following determination:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for a new premises licence was GRANTED as applied for.

In coming to a determination the Committee considered the following matters;

1.    The Committee noted the representations made by residents. There were concerns from residents that Silks could operate in a similar manner to the previous business Nuvo Lounge. It had been noisy, security had been poor and residents were afraid to come home in the evening. The premises had been associated with anti-social behaviour and crime.

2.    The Committee noted the representation made by the applicant. Mr Harris said that he has been in the hospitality business for 14 years. He was aware of the history of Nuvo Lounge and the issues they faced.

3.    The Committee agreed that the applicant was aware of the concerns expressed by local residents and would address these concerns as follows:

·         There would be in-house security. Staff will know the business and the area well.

·         Silks will work directly with a security firm to provide security inside and outside the premises. An I.D scanner will act as a deterrent for anti-social behaviour.

·         Silks will be part of the ‘Know your neighbour programme’.

·         There will be minimal queues outside the premises and there will be a staggered dispersal at the end of the night managed by stewards and security staff.

4.   The Committee noted that this is a new application and the applicant cannot be held accountable for any failings of the previous management.

5.   No representations were received from any responsible authorities.

6.   The Committee noted that the applicant agreed to the conditions as attached which had been recommended by the Police and licensing officers and that granting the application, subject to these conditions, would promote the four licensing objectives.

An appeal may be made against this decision to the Magistrates Court within 21 days from the date of this letter.

Agreed Conditions for 177-181Rushey Green SE6 4BD (Name to be supplied).

 The premises shall install and maintain a comprehensive CCTV system. All entry and exit points 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. Recordings shall be made available immediately upon the request of Police or authorized officer throughout the preceding 31 day period. The CCTV system should be updated and maintained according to police recommendations.

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 are open to the public. This staff member must be able to show a Police or authorized council officer recent data or footage with the absolute minimum of delay when requested.

All persons entering the premises shall be captured on an eye level colour CCTV camera. This camera shall capture the full face of any person entering and re-entering the premises and be available to police officers immediately upon request. The CCTV must also cover the ID scanner and capture the customers being scanned in. CCTV at front and back of building with particular regard to the smoking areas and alleyway at the back of the premises.

The CCTV must cover all areas of the venue that the public have access to. There should be no obstructions to any internal camera that creates areas that are not wholly covered by CCTV, apart from within toilet cubicles and directly covering men’s urinals.

The smoking area must be covered by CCTV that is to the same standards as the internal CCTV system.

The premises shall prominently display signage at all entrances informing customers: -

(‘All persons entering this premise are liable to be searched. Agreement to search is a condition of entry. If persons do not consent, entry will be refused.)

(All persons entering the premise will produce identification),

(Police may be called if drugs or weapons are found.’)

(CCTV is in operation throughout this premises and is made available to the police.)

(Any person found carrying weapons or illegal drugs will be permanently excluded and the police will be informed.)

(‘Management reserve the right to refuse entry’)

A minimum of 2 SIA registered door staff, of which one (1) must be female and are all employed by an Accredited Contractor Scheme (ACS) registered company. They must be on duty on Friday and Saturday and/or any Club nights from 21:00hrs until 30 minutes after closing and conducting licensable activities or any other advertised or private event, this does not include when any restaurant is open.

A register of security personnel employed on the premises shall be maintained in a legible format and made available to police upon reasonable request. The register should be completed by the DPS/ duty manager/ nominated staff member at the commencement of work by each member of security staff and details recorded should include; full name, SIA badge number, time of commencement and completion of duties. The security operative should then sign their name.

All persons entering or re-entering the premises shall be searched by an SIA trained member of staff and monitored by the premises CCTV system.

All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests, due to main road outside front.

The license holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so that there is no public nuisance or obstruction to the public highway, and use barriers if required to ensure public safety or obstruction.

All customers who enter the premises after 21:00hrs on Club nights must have their personal details recorded by an electronic scanner (such as a club scan or scan net).

All customers, promotors and DJ’s entering the premises after 21:00 shall have their personal details recorded by an electronic identification scanner. This scanner must record the identification produced and time of entry of any person. This information must be made available to police or Local Authority Officers immediately.

There shall be no admittance or re-admittance to the premises after 02:00 unless they are booked promoters or DJs.

Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

Patrons permitted to temporarily leave and then re-enter the premises (including the smoking area) e.g. to smoke, shall not be permitted to take drinks or containers with them.

No customers shall be permitted to leave the premise with any glass containers. No alcohol to be sold for consumption off the premises.

Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

The smoking area at the rear of the premises shall be kept clear from any debris and no access to the car park/garden for customers. Door staff should be on site in the smoking area when in use to ensure that no customers enter from this area and nothing is passed over the fencing from outside the premises.

Unaccompanied children are not permitted on the premises.

No children permitted on the premises whilst adult entertainment is in progress.

An incident log shall be kept at the premises, and made available on request to an authorized officer of the Council or the Police, which will record the following:

(a) All crimes reported to the venue

(b) All ejections of patrons

(c) Any complaints received

(d) Any incidents of disorder

(e) All seizures of drugs or offensive weapons

(f) Any faults in the CCTV system or searching equipment or scanning equipment

(g) Any refusal of the sale of alcohol

(h) Any visit by a relevant authority or emergency service.

(I) advertise a number for complaints from the public and all complaints to be recorded in the incident book.

A record book of banned individuals shall be held by the SIA registered door supervisors at the front door and will be made available to Police and Council upon request.

The premises shall have a written dispersal policy including addressing parked or stationary vehicles across outside the front of the premises. All door staff shall be knowledgeable of this policy and able to enforce it.

The designated queuing area shall be enclosed within appropriate barriers to ensure that the footway is kept clear if lawful to do so.

The license holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

When required, staff organize taxis to transport customers are seen off the premises and encouraged to disperse at closing.

Polycarbonate/plastic/toughened glass drink ware is to be used by all persons, all alcoholic and ‘soft’ drinks are to be decanted by premises staff into such drink ware at the point of sale on club nights, except for Champagne, Sparkling wine and spirits sold by the bottle.

A currently qualified first aider must be employed on the premises after 21:00. The venue will also provide first aid facilities commensurate with the type of event and customers expected.

A noise limiter must be fitted and maintained within the premises. The level of this meter must be set in accordance with required legislation and standards by a qualified sound engineer, as so not to cause a noise nuisance. The limiter must be sealed in such a way that no unauthorised person can tamper with it. All amplified music played at the premises must be passed through the noise limiter. An annual calibration of the noise limiter must take place by a qualified sound engineer and recorded in the incident book.

An appropriately qualified acoustic engineer* must be engaged to carry out an acoustic report for both sound insulation, egress and dispersal with appropriate recommendations as to how statutory nuisance can be mitigated appropriately, within 1 month of the licence being granted. A copy of the report must be sent to the licencing authority within 2 months of the licence grant date. Any recommendations to improve noise management to ensure a nuisance does not occur to neighbouring properties must be implemented with 3 months of the licence grant date.

*defined as a member of the Association of Noise Consultants

4.1      The Chair welcomed all parties to the first remote meeting of the Licensing Committee. She introduced those present, and outlined the procedure to be followed for the meeting. She then invited Ms Hooper to introduce the application.

            Licensing Officer   

4.2      Ms Hooper said that members were being asked to consider an application for a new premises licence for Silks 177-181 Rushey Green SE6 4BD. She outlined the application and said that representations had been received from two interested parties on the grounds of public nuisance. Conditions had been agreed between the Police, Crime and Enforcement Officers and the applicant, in order to promote the four licensing objectives. No objection had been received from any responsible authorities. She outlined the options open to members of the Committee when making their decision.

            Applicant

4.3      Mr Harris said that he had read the objections received from local residents and intended to address these concerns in his presentation.

4.4      Mr Harris said that he is aware of the history of Nuvo Lounge, which was, until recently, a nightclub at 177-181 Rushey Green. The business had not been run well; security was poor. Security will be paramount at Silks; this had been highlighted as one of the major concerns for local residents and businesses. There will not be any violent crime at Silks because an in-house security firm had been engaged. There will be CCTV inside and outside the premises and there will always be security.

4.5      I.D scanners will be installed at Silks to act as a deterrent for those considering taking part in any crime and disorder. Management will work with the local authority and neighbours. Mr Harris said that it is important to know the local community well and be able to address any concerns that residents may have.

4.6      Mr Harris said that there had also been complaints about noise. Security will ensure that there are minimal queues outside Silks, so noise will not be heard from patrons standing outside the premises. Advice will be sought from the local authority and a ‘noise limiter’ will be set at the recommended level. There will be staggered dispersal at the end of the evening managed by stewards and the security team.

4.7      Mr Harris said that Silks will not be just a night club; it will be a bar and restaurant and there will be something to benefit all members of the community. There will be classes and he wanted the premises to be multi-functional.

4.8      Councillor Elliott said that residents had referred to several incidents of noise nuisance. He asked about Silks’ re-entry policy and how the sound of people outside smoking will be managed. Mr Harris said that there will not be any re-entry after 1am, although he asked not to be quoted on this time. As a business, they prefer to have patrons inside where money is made.

4.9      Mr Harris said that there are plans to have the smoking area at the rear of the property, rather than the front. It will not be a social area and patrons will be encouraged to go back into the premises as soon as possible. Security will be policing this area, at all times.

4.10    Councillor Elliott asked whether the smoking area would be close to the flats. Mr Harris said he was not sure of the exact layout at the back because he had not been to the premises recently since lockdown following Covid-19 pandemic. However, from memory, he believed that the nearest property is 200 yards away, not including residents directly above the premises. There is also a car park a few hundred yards from the flats.

4.11    Councillor Elliott asked Mr Harris whether he thought that residents above Silks would be affected by the smoke rising from the smoking area. Mr Harris did not know the measurement but said that the premises are extremely tall with space between the two. He did not believe that residents would be affected by smoking unless their windows were open at night.

4.12    Councillor Campbell asked about the capacity of the venue. She also said that there had been fly-tipping in the area and asked how they could prevent the situation from worsening. Mr Harris said that the capacity of Silks would be between 500-700 patrons. The rear of the smoking area will be boarded up to ensure that no one could just jump over the fence. Their rubbish will be managed on a daily basis.

4.13    Ms Hooper said that in the conditions already agreed, re-entry would not be permitted after 2am. Mr Harris said that re-entry would not be after 1am. She said that members may wish to adjust the agreed conditions when making their deliberations.

4.14    Councillor Howard said that residential flats are close to the premises and there had previously been complaints about noise from patrons. Mr Harris said that he is familiar with the previous club and aware of the problems and issues they faced. He was not surprised at the objections because, unlike the proposals for Silks, they did not have strong in-house security, who know how the business should work and know the area well. He said that management want staff and residents to feel safe.

4.15    Councillor Howard asked what plays would be shown. Mr Harris said that there would be more music than plays. He said that he did not want Silks to be only a night club. He had experience managing many different events. He has managed corporate and social events and wanted to create a business that is multi-functional. He anticipated catering for short and feature films as well as a nightclub and bar and restaurant.

4.16    Councillor Wise said that in her experience, the dispersal of patrons causes the most problems for residents. She asked Mr Harris what policy was in place for a smooth dispersal of patrons. Mr Harris said that there would be a staggered dispersal over a period of half an hour. There would also be a staggered queuing system as patrons leave, to ensure that they leave quickly.

4.17    The Chair asked Mr Harris what previous experience he has had managing events. Mr Harris said that he has 14 years’ experience working within the events industry. He ran parties when he was 16 years old in night clubs. Since then he has been involved in the corporate industry arranging corporate meetings and award shows. He then arranged weddings, sales meetings and exhibitions, corporate events and award shows. Mr Harris said that he has been running night clubs for 3-4 years.

4.18    Ms Mears said that conditions had been agreed with re-entry until 2am. Mr Harris said that re-entry would be 1am but he had been unsure. She asked members to grant the new licence with conditions as agreed with the Police and licensing officers.

4.19    The Chair said that the meeting would go into closed session. All parties would be advised of the decision within 5 working days. She thanked the applicants for attending the meeting.