Decision Outcome
That the application by Soundscape Bars and Clubs Limited for a premises licence in respect of The Monastery, 173 – 175 Digbeth High Street, Deritend, Birmingham, B12 0LD BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS to promote the prevention of crime and disorder and the prevention of public nuisance objectives in the Act:
A. Modification of hours – Supply of Alcohol and Regulated Entertainment
The hours for the supply of alcohol and provision of regulated entertainment shall apply as follows:
Sunday to Thursday
1000 hours to 0200 hours
Friday and Saturday
1000 hours to 0500 hours
Non Standard Hours in respect of Statutory Bank Holidays and New Year’s Eve.
1000 hours to 0500 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 0200 hours
Friday and Saturday
2300 hours to 0500 hours
Non Standard Hours in respect of Statutory Bank Holidays and New Year’s Eve
2300 hours to 0500 hours
C. Opening hours
The premises to remain open to the public as follows:
Sunday to Thursday
1000 hours to 0200 hours
Friday and Saturday
1000 hours to 0500 hours
Non Standard Hours in respect of Statutory Bank Holidays and New Year’s Eve
1000 hours to 0500 hours
D. Noise limiter
The premises licence holder must consult with Environmental Health of Birmingham City Council to establish the need for a noise limiter at the premises. If in the opinion of Environmental Health, a limiter is required, this must be calibrated at a level set by Environmental Health, Birmingham City Council.
E. Premises Covered under the Licence
The licensed premises will be restricted to the First Floor within the Plan submitted with the premises application. The Ground floor and Second floor as set out within the submitted application will not be used for any licensable activities.
F. (Other conditions if offered or agreed by applicant )
The condition agreed with Environmental Health of Birmingham City Council will be amended as follows:
The First floor area will not be used for Regulated Entertainment until such time as adequate mitigation measures are undertaken to a standard agreed by Birmingham City Council Environmental Health so as not to cause a public nuisance.
G. Policies and Procedures
BEFORE the premises undertake any licensable activities, the premises licence holder will undertake a thorough review of ALL the premises’ policies and procedures, particularly those that relate to the deployment of security personnel, incident handling, health and safety of patrons, staff, and other users of the building where the premises are located, fire safety and risk assessments of all types of events the premises intend to hold, as well as training for all staff on the promotion of the four licensing objectives. [It is a matter for the Premises Licence as to who should be engaged to carry out this review for or on behalf of the licence holder, but this should be an appropriately qualified person or organisation that has relevant experience within this field having regard to obligations set out above.]
All evidence relating to the review should be retained and made available to West Midlands Police, Licensing Section, and any other Responsible Authority upon request within 48 hours.
Risk Assessments for all events MUST be disclosed to West Midlands Police at least 28 days before any event, unless in the opinion of the West Midlands Police, Licensing Section, the premises hold a regular or recurring event for which there is already a robust Risk Assessment in place.
West Midlands Police, Licensing Section may exercise a power of veto for any proposed event, where they are of the opinion that any of the licensing objectives have been or are likely to be breached
The Sub-Committee's reasons for imposing these conditions are due to the submissions made by West Midlands Police regarding the management of the proposed operation and to a lesser extent the location of the venue, which is within close proximity of residential properties.
The Sub-Committee were mindful that each application is determined on its individual merits and were careful to have regard only to those matters which related to the proposed premises and the proper promotion of the licensing objectives, as well as the matters set out below.
However, they were apprehensive that West Midlands Police had expressed concerns over the suitability the Premises Licence Holder and proposed Designated Premises Supervisor (“DPS”) ability to properly promote the licensing objectives. The Sub-Committee had heard unchallenged representations from West Midlands Police that the Director of the applicant Company was closely associated with the management of another licensed premises which had been subject to Review Proceedings. During the course of these proceedings, West Midlands Police had referred to various management failings and non-compliance with licensing conditions.
The Sub-Committee had been informed by West Midlands Police that they were not objecting to the Grant of the application in principle, but they did continue to hold concerns over the ability of the applicant company’s, Sole Director/Member and proposed DPS to properly promote the Licensing Objectives, unless the licence included the imposition of the conditions referred to above.
In light of the concerns expressed by West Midlands Police, the Sub-Committee also considered it was appropriate to modify the hours of operation; the hours of licensable activities and the extent of the premises, as referred to above.
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 (insofar as they are not inconsistent with the Conditions referred to above) 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, their legal adviser 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.