Decision Outcome
That the application by Bisso Assembe for a premises licence in respect of African Village, Birchfield Road, Perry Barr, Birmingham, B20 3JE BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS to promote the prevention of crime and disorder, public safety, and the prevention of public nuisance objectives in the Act:
A. Modification of hours –
Alcohol (and regulated entertainment if same hours) The hours for the supply of alcohol and provision of regulated entertainment shall apply as follows:
Sunday to Thursday
1300 hours to 0100 hours
Friday and Saturday
1300 hours to 0600 hours
B. Modification of hours – Late night refreshment The hours for the provision of late night refreshment shall apply as follows:
Sunday to Thursday
2300 hours to 0100 hours
Friday and Saturday
2300 hours to 0500 hours
C. Opening hours
The premises to remain open to the public as follows:
Sunday to Thursday
1300 hours to 0130 hours
Friday and Saturday
1300 hours to 0630 hours
D. (Other conditions if offered or agreed by applicant )
The Conditions agreed with West Midlands Police, and Environmental Health of Birmingham City Council, as set out within the Application will form part of the Licence Granted:
Conditions agreed with EHO
1. The Designated Premises Supervisor shall ensure notices shall be displayed near the entrance and exits of the smoking areas advising customers who wish to use the outside smoking facilities that they should do so with respect for the nearby residents and keep noise levels to a minimum.
2. The Designated Premises Supervisor shall be responsible for ensuring that patrons wishing to utilise the smoking shelter do so quietly and that noise from patrons moving to and from the smoking shelter is kept to a minimum.
3. The Designated Premises Supervisor shall be responsible for ensuring that the smoking areas do not create a nuisance to neighbours at the premises and if necessary restrict the number of people utilising the smoking areas at any one time.
4. All external doors and windows to be closed during regulated entertainment except for access and egress.
5. There shall be no regulated entertainment in the external areas at any time.
6. Patrons will not be allowed access to the smoking area overlooking Wellington Road between 10pm and 8am.
7. A Noise Limiting Device (NLD) of a type approved by the Environmental Protection Unit of Birmingham City Council shall be fitted to the amplification system and set at a pre-set volume level agreed with the Environmental Protection Section, to ensure the volume of music is pre- set so as not to cause a noise nuisance to the occupiers of nearby buildings. The installation of the NLD shall be notified to the Environmental Protection Section at least 14 days before its’ initial operation and shall fulfil the following criteria:
a) The device shall be fitted in an approved position by a competent person and once fitted shall not be moved from the approved position unless prior approval is
given
b) The device shall be capable of cutting off the mains power to the amplification system if the volume exceeds the pre-set level determined by the Environmental Protection Unit or shall be capable of maintaining the volume of the music at the pre-set level determined by the Environmental Protection Unit and shall not restore power to the sound system until the
NLD is reset by the licensee or their nominated person.
c) The amplification system shall only be operated through the sockets/power points linked to and controlled by the NLD at all times.
d) The NLD shall be maintained in full working order and at the approved pre-set volume whilst the amplification system is operational.
e) Any damage or malfunction to the NLD shall be
reported to the Environmental Protection Unit as soon
as possible and within 24 working hours of the
damage occurring or malfunction being noted. The
NLD shall not be used in this damaged or
malfunctioning state until approval has been given by
the Environmental Protection Unit.
Conditions agreed with the Police
Children are only allowed on the premises if accompanied with a responsible adult for a seated meal. Children are not allowed on the premises after 22:00 on a Monday, Tuesday, Wednesday and Thursday. Children are not allowed on the premises after 20:00 on a Friday, Saturday and Sunday.
The Premises Licence Holder shall ensure that open containers such as glasses or opened bottles are not permitted to be taken off the premises.
The Premises Licence Holder shall ensure that staff use two way communication and all instances of crime or disorder are reported to an agreed police contact.
CCTV to be installed and maintained to the satisfaction of West Midlands Police. The CCTV system to be in full working order at all times when the premises are open for licensable activities. The CCTV system shall record and store images for a minimum of 28 days. Images to be made available to West Midlands Police and Local Authority officers upon request.
An Incident Book to be in operation to record all incidents within or on the curtilage of the premises. This book is to be used for all events irrespective of whether any of the emergency services are called.
Premises to operate a 100% search policy for all customers entering the premises.
Venue to provide a standard operating risk assessment for each night of the week, to include door staff number and deployment plan if required. Copies to be given to licensing department at Birmingham Central Police Station.
Smoking to take place in the smoking area only. No smoking to take place at the front of the premises.
Door supervisors working at the venue to wear fluorescent coats/tabards. All door supervisors to have current SIA badges on display at all times.
All door supervisors to sign on duty every time they work and to sign out when they finish and to include their full badge numbers. Premises to retain on the premises and in a secure location Door Supervisors Profiles. Profiles must contain proof of identity (other than the SIA badge), together with a utility bill which must not be dated longer 6 months ago. These must be available for inspection by the Police or local authority at any time. If any door supervisors leave the premises, the profile will be retained by the premises for at least three months, following their departure before returning the profile to the door company.
Premises to adopt a challenge 25 policy. Posters will be displayed inside the premises detailing the challenge 25 policy is in operation.
If the premises has any external promoter event or an event which is not part of the normal operating schedule then a separate risk assessment will be completed and forwarded to the Licensing Department at Steelhouse Lane Police Station at least 14 days before the event. Any additional conditions (in writing) required by West Midlands Police will become a condition of the premises licence for the purposes of that event.
Venue to stop selling alcohol, 30 minutes before the premises close.
The Premises Licence Holder shall ensure that children are adequately supervised, at all times.
SIA door staff will be used from 22:00 hours to closing time on Fridays, Saturdays and Sundays.
The Sub-Committee's reasons for imposing these agreed and volunteered conditions are due to the submissions made by other persons, West Midlands Police, and Environmental Health, regarding the history, location and impact of the proposed operation likelihood of public/noise nuisance, and crime and disorder in an area with a significant presence of residential properties.
The Sub-Committee carefully considered the operating schedule put forward by the applicant and the likely impact of the application and accepted that there was evidence of a public nuisance, risk to crime and disorder and risk to public safety arising from the proposed and current operation of the premises, but that this risk was negated as a result of revising the Operating Schedule as set out above, particularly, the modification of hours and the raft of conditions agreed with West Midlands Police and Environmental Health of Birmingham City Council.
The Sub-Committee were not persuaded that the licensing objectives would be properly promoted if the premises were allowed to undertake licensable activities for the periods sought, particularly to 0600 hours every day. The applicant accepted that the TEN’s they had already been granted, were for events which took place primarily at the weekends and public bank holidays. The evidence from those making representations and who lived in the immediate vicinity of the premises, indicated that they were already experiencing a degree of public nuisance, and public safety concerns. The Sub-Committee felt that on the balance of probabilities, these matters would be exacerbated if the hours were to be granted as sought within the application.
The Sub-Committee considers the conditions imposed to be appropriate, reasonable and proportionate to address concerns raised.
In addition to the above conditions, those matters detailed in the operating schedule and the relevant mandatory conditions under the Licensing Act 2003 will form part of the licence issued.
In reaching this decision, the Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the Guidance issued under Section 182 of the Licensing Act 2003 by the Secretary of State, the information in the application, the written representations received and the submissions made at the hearing by the applicant, and those making representations.
All parties are reminded that under the provisions contained within Schedule 5 to the Licensing Act 2003, there is the right of appeal against the decision of the Licensing Authority to the Magistrates’ Court, such an appeal to be made within twenty-one days of the date of notification of the decision.