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Apollo Victoria Theatre, 17 Wilton Road Licensing Sub-Committee City of Westminster Report Item No: Date: 26 July 2018 Licensing Ref No: 18/06383/LIPV - Premises Licence Variation Title of Report: Apollo Victoria Theatre 17 Wilton Road London SW1V 1LG Report of: Director of Public Protection and Licensing Wards involved: Warwick Policy context: City of Westminster Statement of Licensing Policy Financial summary: None Report Author: Miss Sam Eaton Senior Licensing Officer Contact details Telephone: 020 7641 2700 Email: [email protected] 1. Application 1-A Applicant and premises Application Type: Variation of a Premises Licence, Licensing Act 2003 Application received date: 1 June 2018 Applicant: Ambassador Theatre Group (Venues) Ltd Premises: Apollo Victoria Theatre Premises address: 17 Wilton Road Ward: Warwick London SW1V 1LG Cumulative No Impact Area: Premises description: The premises operate as a Theatre. Variation description: 1. To remove the following conditions from the premises licence: • Condition 21 from Annex 2 which states “Any alcohol sold as described will be contained in non breakable vessels.” • Condition 28 from Annex 3 which states “Alcohol consumed in the auditorium is only to be done so in plastic glasses.” 2. To amend the condition 37 from Annex 3 as follows: “The consumption of alcohol in the auditorium from glass drinking vessels will be risk assessed” Premises licence history: The premises currently holds a licence (ref: 16/05447/LIPVM) a full licence history can be found in Appendix 4. Applicant submissions: None. 1-B Current and proposed licensable activities, areas and hours Regulated Entertainment Boxing or Wrestling, Live Music, Performance of Plays: Current Proposed Licensable Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Tuesday Wednesday Thursday 09:00 00:00 No change All public areas. No change Friday Saturday Sunday Seasonal Current: Proposed: variations: None. None. Non-standard Current: Proposed: timings: On New Year's Eve the premises can No change remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day). Performance of dance, Exhibition of Films, Anything of a similar description to Live Music, Recorded Music or performance of dance: Current Proposed Licensable Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Tuesday Wednesday Thursday 09:00 00:00 No change All public areas. No change Friday Saturday Sunday Not licensed on Sunday’s Seasonal Current: Proposed: variations: None No change Non-standard Current: Proposed: timings: On New Year's Eve the premises can No change remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day). Anything of a similar description to Live Music or Recorded Music: Current Proposed Licensable Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Tuesday Wednesday Thursday Not Licensed Friday Saturday Sunday 09:00 00:00 No change All public areas. No change Seasonal Current: Proposed: variations: None No change Non-standard Current: Proposed: timings: On New Year's Eve the premises can No change remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day). Recorded Music: Current Proposed Licensable Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Tuesday Wednesday Thursday Unrestricted No change All public areas. No change Friday Saturday Sunday Seasonal Current: Proposed: variations: None No change Non-standard Current: Proposed: timings: On New Year's Eve the premises can No change remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day). Late night refreshment Indoors, outdoors or both Current : Proposed: Current Proposed Licensable Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Tuesday Wednesday Thursday 23:00 00:00 No change All public areas. No change Friday Saturday Sunday Seasonal Current: Proposed: variations/ None None Non-standard Current: Proposed: timings: The terminal hour for late night No change refreshment on New Year's Eve is extended to 05:00 on New Year's Day. Sale by Retail of Alcohol On or off sales Current : Proposed: On and Off the Premises No change Current Proposed Licensable Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Tuesday Wednesday Within the red line Thursday 10:00 23:00 No change shown on the No change Friday plan. Saturday Sunday 12:00 22:30 Seasonal Current: Proposed: variations/ None. No change Non-standard None. No change timings: Hours premises are open to the public Current Proposed Premises Area Hours Hours Start: End: Start: End: Current: Proposed: Monday Regulated Tuesday Entertainment Wednesday and Late Night Thursday 09:00 00:30 No change Refreshment No change Friday within any public Saturday area and Sale of Sunday Alcohol within the red line shown on the plan. Seasonal Current: Proposed: variations/ None. No change Non-standard None. No change timings: 1-D Conditions being varied, added or removed Condition Proposed variation 21. Any alcohol sold as described will be To be deleted contained in non breakable vessels. 28. Alcohol consumed in the auditorium is To be deleted only to be done so in plastic glasses 37. Any alcohol sold will be contained in non To be varied as follows: breakable vessels. The consumption of alcohol in the auditorium from glass drinking vessels will be risk assessed 2. Representations 2-A Responsible Authorities Responsible Environmental Health Service Authority: Representative: Anil Drayan Received: 28 June 2018 I refer to the application to vary the Premises Licence for the above premises. The applicant is seeking the following: • To remove the following conditions:- Annex 2 Condition 21 “Any alcohol sold as described will be contained in non breakable vessels. Annex 3 Conditions 28 “Alcohol consumed in the auditorium is only to be done so in plastic glasses” Condition 37 “Any alcohol sold will be contained in non breakable vessels. And replace with: “The consumption of alcohol in the auditorium from glass drinking vessels will be risk assessed” I wish to make the following representation: • The proposed variation may lead to undermining of the Public Safety licensing objective The applicant is requested to contact the undersigned to discuss the proposal and to arrange a site visit after which Environmental Health may propose additional conditions to allay its concerns. Responsible Metropolitan Police Service Authority: Representative: PC Cheryl Boon Received: 5 June 2018 With reference to the above application, I am writing to inform you that the Metropolitan Police, as a responsible authority, will be objecting to this application at this stage in the process. It is our belief that if granted the application would undermine the Licensing Objectives with regards to the prevention of crime and disorder. There are insufficient details on the operating schedule 3. Policy & Guidance The following policies within the City Of Westminster Statement of Licensing Policy apply: Policy HRS1 applies: (i) Applications for hours within the core hours set out below in this policy will generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy. (ii) Applications for hours outside the core hours set out below in this policy will be considered on their merits, subject to other relevant policies. Policy PVC1 applies: Applications will generally be granted and reviews determined, subject to the relevant criteria in Policies CD1, PS1, PN1 and CH1. 4. Equality Implications The Council in its capacity as Licensing Authority has a duty to have regard to its public sector equality duty under section 149 of the Equality Act 2010. In summary, section 149 provides that a Public Authority must, in the exercise of its functions, have due regard to the need to: (a) eliminate discrimination harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (c) foster good relations between persons who share a relevant protected characteristics and persons who do not share it. Section 149 (7) of the Equality Act 2010 defines the relevant protected characteristics as age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. 5. Appendices Appendix 1 Premises Licence Appendix 2 Premises plans Appendix 3 Applicant supporting documents Appendix 4 Premises history Appendix 5 Proposed
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