Agenda item - Koba Bar, 135 Western Road, Brighton

Report of the Assistant Director of Public Safety (copy attached).

65.1    The Panel considered a report from the Assistant Director of Public Safety regarding an application for variation of a Premises Licence under the Licensing Act 2003 regarding Koba Bar, 135 Western Road, Brighton, BN1 2LA (for copy see minute book).

 

65.2    Mr Kempston, Director of Kempston Leisure Ltd, the applicant, and Mr Simmonds, agent for the applicant, attended the hearing to speak in favour of the application, and Councillor Kitcat, Ward Councillor speaking on behalf of Dr Paine and Mr Hamer, attended the hearing to speak against the application.

 

65.3    Mr Bateup, Licensing Officer for Sussex Police, also attended the hearing as he had made a representation against the application. However, an agreement to conditions had been reached with the applicant and Mr Bateup requested that his representation be withdrawn in favour of the agreement, copies of which were distributed at the meeting (for copy see minute book).

 

65.4    The Licensing Manager summarised the application and stated that representations had been received from local residents, Sussex Police and the Environmental Health Team. Sussex Police and Environmental Health had now withdrawn their representations following agreement of proposed conditions with the applicant. The application was in the Special Stress Area (SSA) where operators are expected to pay special attention when drawing up the operating schedule to make positive proposals to ensure their operation will not add to the problems faced in these areas.

 

65.5    Mr Bateup asked to address the Panel and the Chairman agreed. He stated that Sussex Police had looked carefully at the application and had detailed discussions with the applicant regarding suitable conditions for the SSA. Agreement had been reached on all of the conditions, but it was unfortunately too late to withdraw in advance of the hearing the formal representation set out in the Panel papers. He noted that a key condition was the provision of four Door Supervisors after 22:00 hours on Thursdays, Fridays and Saturdays, and Sundays in accordance with a risk assessment. He noted that other standard conditions had been agreed to, plus a number of conditions relating to under 18 events which might be held at the premises at a future date. Mr Bateup added that the applicant had no intention of holding under 18 events, but this was to ensure the continued effective management of the premises should the Premises Licence change hands.

 

65.6    The Chairman asked if there were any questions and Councillor Marsh asked if all under 18 events would be held in the day and/or early evening only, and whether the conditions excluded over 18s from attending these events. Mr Bateup confirmed that this was correct, and stated that past security concerns of mixing adults and children at such events had led the Police to request this condition.

 

65.7    Councillor Simson asked if there was any history of complaints about the premises and Mr Bateup confirmed there was none.

 

65.8    Councillor Kitcat as Ward Councillor asked if the conditions proposed from Environmental Health were included in the agreement and it was confirmed that they were.

 

65.9    Councillor Kitcat began his representation and recognised that the area was a popular cut through to Brighton Station. However, this meant that if a bar was open until very late customers would be able to drink until the bar closed, and then catch the first train from Brighton Station at 05:00 hours, potentially making their way through the area and creating noise and anti-social problems for residents. Councillor Kitcat stated that the residents now suffered noise and disturbance throughout the night because of staggered dispersal times, but it was difficult for them to prove where these drinkers had come from, and therefore the situation continued unabated. He felt that the detrimental impact on residents’ lives needed to be carefully considered and that if the integrity of the SSA was to be preserved, then very late night licenses needed to be refused.

 

65.10  The Chairman asked if there were any questions of Councillor Kitcat’s representation and Mr Simmonds asked what times the noise incidents normally occurred. Councillor Kitcat replied that before 2007 the bar closed at 02:00 hours, but when its licence was extended the noise had increased to last throughout the night.

 

65.11  Mr Simmonds began his representation and stated that it was important to emphasise that the existing premises had operated a licence until 05:00 hours during the week and 24 hours at the weekend for some time with no record of complaints. There had previously been a problem with noise at the premises from the enclosed area some years ago, but this had been resolved and there had been no further problems since. Further measures to control any potential noise breakout had been added by Environmental Health as part of the proposed conditions for this variation, and Mr Simmonds was confident that any anti-social behaviour in the area was not caused by customers from the Koba Bar.

 

            Mr Simmonds went on to explain that the extension would be operated under café/bar style conditions and a small meeting/waiting area would be included to allow customers to wait for tables or taxis. He added that Koba Bar was one of the top bars in the country and was very responsible in promoting the four licensing objectives. He noted the area was very busy, with lots of people passing through to the Station, but the premises had a strong taxi policy and Mr Simmonds did not feel their customers were the cause of any anti-social behaviour. Strong conditions had been agreed with the Police and Environmental Health Officers including conditions for running under 18 events, but Mr Simmonds confirmed there was no intention or desire to start running this type of event with the current Premises Licence Holder.

 

65.12  Mr Kempton addressed the Panel and referred to the hours his premises typically closed. During January – February 2009 the average closure time of the premises was between 23:30 and 00:30 hours and as such he felt strongly that the anti-social problems in the area were not caused by his customers. He added that he required a late night licence for occasional events/parties held at the premises, but it was rare for these events to last until 05:00 hours. He did not run the premises as a nightclub and there was no desire to do this, and added that no objections to the extension had been received from his nearest residential neighbours. Mr Kempton stated that the premises had not received any complaints in 8 years of running and he did not feel this small change would alter their style of operation or the successful management of the premises.

 

65.13  The Chairman asked if there were any questions and asked what the maximum capacity of the premises currently was. Mr Simmonds replied that it was currently around 190, split over three floors. The extension would increase the floor space by 110 square metres and add around 100 extra people to the capacity.

 

65.14  The Chairman asked if the premises was putting into place any measures to mitigate the noise from the extra number of people that would be attending the premises. Mr Simmonds stated that this had been discussed fully and the Door Supervisors at the premises would ensure there was clear and firm management for the entry area. He added that a Mobile Support Unit could be called upon if necessary, but he did not anticipate an increase in incidents at the premises.

 

65.15  Councillor Marsh asked what hours the café/bar area would be open. Mr Simmonds replied that it would be open for the same hours as the bar because it was on the ground floor and needed to be open for access and egress to and from the bar area.

 

65.16  Councillor Marsh noted a condition about sliding doors at the premises and Mr Simmonds clarified that there were two terraces at the premises which could be used for smoking, but their use was restricted late at night.

 

65.17  Councillor Marsh asked where the entry/exit to the premises was situated. Mr Simmonds replied that this was always at the front of the building and the back of the building would be kept closed at night.

 

65.18  Councillor Marsh asked if this was a Members’ Club and Mr Simmonds replied that it was not.

 

65.19  Councillor Kitcat asked what was the latest time the premises was open in June 2009 and Mr Kempton replied it was 01:00 hours.

 

65.20  Councillor Kitcat asked about the café/bar conditions on the licence and Mr Simmonds replied that café/bars had been introduced as a concept in 1990 to encourage cafes to sell alcohol on the streets with food. In the Brighton & Hove Statement of Licensing Policy this style of operation was recognised with specific conditions associated with this. He added that the premises would always operate as a café/bar style premises downstairs except when basement functions were planned, and except in the designated waiting area.

 

65.21  The Licensing Manager began her final statement and highlighted that the most recent noise complaint associated with the premises was in 2002. She stated that each application must be decided on its merits and that if an application was unlikely to impact negatively to the area then the application should be considered for approval. Finally the Licensing Manager noted that noise nuisance was covered under separate legislation and therefore should not form conditions on the Premises Licence.

 

65.22  Mr Bateup had nothing further to add to his representation.

 

65.23  Mr Kitcat began his final representation and reiterated his concern for residents and the impact on their quality of life, and asked the Panel to consider refusing this application.

 

65.24  Mr Simmonds began his final representation and noted that although the size of the premises was expanding, strong and robust conditions would be added to the licence to ensure there was no negative impact from this extension. There were no noise problems associated with the premises and he did not accept the customers from the premises were responsible for anti-social behaviour in the area. He asked the Panel to grant the variation as applied for.

 

65.25  RESOLVED – That the Panel had decided to grant the application for variation of the Premises Licence with the conditions as listed on the operating schedule; and those agreed with Sussex Police and Environmental Health as follows:

 

Prevention of crime and disorder

 

Door Supervisors.

 

1.            On Thursday, Friday and Saturday evenings there will be two door staff deployed at the venue from 20.00 with another two door staff deployed from 22.00 until close or 08.00 the following morning. (whichever is the sooner). On Sunday through to Wednesday inclusive, when a club night is in operation (DJs, dance music, live bands etc) there will be two door staff from 22.00 until close or 05.00 the following morning. (whichever is the sooner).  When the premises are open Sunday through to Wednesday and there is no club night, the premises will carry out an internal risk assessment and will, where necessary, employ door supervisors on other nights of the week including for bank holidays, New Year's Eve etc., as appropriate.

2.            The premises will contract for the provision of a recognised mobile support unit which will provide SIA qualified door supervisor back up 24 hours a day.

3.            All door supervisors to be linked by radio.  There will be clickers employed to monitor and control movement of patrons and ensure capacity limits are adhered to.

 

Door supervisors, ancillary provisions:

 

1.            Records shall be maintained at the premises containing the full name, date of birth, and home address of every door supervisor employed.

2.            On initial employment of the door supervisor, authentic proof of identity shall be obtained in the form of a passport, driver’s licence or a birth certificate.

3.            The record shall include all dates and times when a door supervisor is employed.

4.            If staff are employed through an agency, the name and address of the agency must be included in the entry referring to the person employed by the agency.

5.            Any such record must be in a form approved by the Licensing Authority.  [In the event that no form is either issued or approved by the Licensing Authority, the management may draft their own form but this must contain all the information stipulated in this section].

6.            The DPS (or in the absence of the DPS the person with delegated authority) will ensure door supervisors display their SIA badges at all times they are on duty.

 

CCTV

 

1.            Digital CCTV and appropriate recording equipment to be installed, operated and maintained throughout the premises externally and internally to cover all public areas with sufficient numbers of cameras as agreed with Sussex Police.  CCTV footage will be stored for a minimum of 28 days, and the management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is requested for the prevention and detection of suspected or alleged crime.  The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy and will be changed when British Summer Time starts and ends.  [NB: Regarding the condition offered by the Applicant for CCTV, Sussex Police will visit the premise, offer the advice and then give a confirmation in writing that the installation is approved when it is completed to their satisfaction].

 

Protection of Children from Harm

 

1.            No children under 18 will be permitted on the premises between 23.00 hrs and 06.00 the following morning.

2.            No under 18 discos or events aimed predominantly at the under 18s market will be held at the premises unless the following conditions are met:

 

Special Conditions required for under 18s events:

 

1.            All under 18s nights must be formally notified to the Police Licensing Unit at John Street Police Station at least 28 days in advance. 

2.            The entire venue for the evening will be alcohol free and dedicated to the under 18s disco.  Having one room or floor set aside for an underage disco, whilst having other rooms or floors open for adults and serving alcohol is not acceptable.

3.            Additional SIA registered Door Staff to be employed for this event.  This should be a ratio of 1 door person to every 50 children.  This should include at least one male and one female member of door staff on the front door.

4.            All prior marketing (internet, flyers, posters or radio etc) should make it clear in prominent writing what the permitted age of attendees is (both minimum and maximum ages permitted), and that persons under the age of 12 (for example) and 18 or over will not be granted entry.  The permissible ages permitted should also be prominently printed on tickets.  This will help to protect you as a responsible licensee against complaints etc.  Any agent or promoter that sells tickets for your event over the phone should also be instructed to state on every sale the age range permitted before the ticket(s) are sold.

5.            It will be a condition of entry that every person should agree to be searched, this includes their person as well as any bags carried and hand held metal detectors is suggested for quick searches for metal objects such as knives.

6.            Persons entering should have proof of age, this is to reduce the likelihood of over 18s gaining entry (again this requirement should be clearly stated on tickets etc).

7.            As a result of the above all aerosols, marker pens, alcohol and any item that could be used a weapon should be confiscated.  It is also recommended that cigarettes be taken off persons of all ages as well as lighters and chewing gum.

8.            Staff should be vigilant as to the arrival and departure of youths attending the event and must be aware of any undesirable persons loitering in the direct vicinity.

9.            There should be AT ALL TIMES, throughout the event, be a qualified first aider on sight who is available straight away no matter what other duties they may have.  It is suggested that consideration be given to have St Johns Ambulance or Red Cross in attendance during this event.

10.       Storage facilities should be considered for the youths bags and coats so to reduce the chance for theft.

 

Conditions from Environmental Health:

 

1.            The rear smoking area on the ground floor should not be used by customers and staff between the hours of 02.00 and 08.00.

2.            All doors and windows on the back elevation must be kept closed except for access and egress except:-

 

·              The sliding doors leading to the ground floor rear terrace must be closed at all times between 22.00 hours and 08.00 hours

·              The sliding doors leading from the second floor rear function room to the rear terrace must be closed between 22.00 and 08.00 hours.

 

3.            The south facing sliding doors leading from the first floor function room to the interconnecting area must be closed between 22.00 hours and 08.00 hours.

4.            The sliding door opening onto Western Road should be closed at all times between midnight and 08.00 hours.

5.            Drinks must not be served to, or consumed by, people sitting in the seating area in Western Road between midnight and 08.00 hours.