The Licensing Sub-Committee (6) met on Thursday 16 May 2024 to consider several licensing applications. The committee heard applications for a new shadow premises licence for 30 Dean Street, W1D 3SA, and a review of the premises licence for Sunset Strip, 30 Dean Street, W1D 3SA. Additionally, the committee considered an application for the revocation of the Sexual Entertainment Venue (SEV) licence for Sunset Strip.

New Shadow Premises Licence for 30 Dean Street, W1D 3SA

The committee considered a new shadow premises licence application for the Basement to First Floor at 30 Dean Street, W1D 3SA. This application was made by Soho Estates Limited, the landlord, to mirror the existing premises licence.

Representations were received from the Licensing Authority, Environmental Health Service, the Metropolitan Police Service, and the Soho Society. The Licensing Authority expressed concerns about how the premises would promote the four licensing objectives: public nuisance, prevention of crime and disorder, public safety, and protection of children from harm. They noted that the current premises licence was under review by the Metropolitan Police due to breaches of conditions, and there was also an application to revoke the SEV licence. The Licensing Authority requested confirmation on whether individuals involved with the current licence holder would have any involvement in the proposed new licence and suggested a condition to prevent this.

Environmental Health Service supported the review application, stating that pending the outcome of the ongoing review of the current premises licence, the application might increase public nuisance and affect public safety.

The Metropolitan Police Service objected to the application, stating it was likely to undermine the prevention of crime and disorder. They highlighted that the premises was already subject to a review due to concerns about crime and disorder, public safety, and public nuisance.

The Soho Society also objected, expressing concern about the recent history of the premises and breaches of sexual entertainment conditions. They proposed a condition that the shadow licence would not take effect while the current licence was in operation, lapsed, surrendered, or revoked.

The committee's decision on this application is not detailed in the provided documents, as the focus shifts to the review and revocation applications for Sunset Strip.

Review of Premises Licence for Sunset Strip, 30 Dean Street, W1D 3SA

The committee considered an application by the Metropolitan Police Service for a review of the premises licence for Sunset Strip, located at Basement to First Floor, 30 Dean Street, W1D 3SA. The review was sought on the grounds of the prevention of crime and disorder, public safety, and prevention of public nuisance.

The Metropolitan Police Service detailed numerous alleged breaches of the venue's premises licence conditions. These included issues with CCTV operation, a lack of SIA-licensed door supervisors, and the presence of only one security guard when two were required. A crime report alleging drink spiking on 13 January 2024 led to a visit on 17 January, where further breaches related to security and CCTV were identified, along with breaches of the SEV licence. The venue was issued a Section 19 closure notice. The police also noted that the Designated Premises Supervisor (DPS) was reportedly unaware of licence conditions and breaches.

The Licensing Authority supported the review, citing a history of licence condition breaches and concerns about promoting the four licensing objectives. They noted that the SEV licence renewal in November 2023 was a close decision and that the proposed changes to the layout, including the removal of private dancing booths, were crucial for future compliance.

Environmental Health Services supported the review application, stating that the evidence presented by the police indicated that the licensing objectives, particularly public safety, might be undermined.

The Soho Society also supported the review, highlighting their concern with the premises' recent history and breaches of SEV conditions. They emphasised the importance of compliance and urged the committee to take decisive action against premises that breach conditions.

Soho Estates Ltd, the landlord, submitted a representation noting their interest in the review and stating they would respect the Council's decision.

Decision: The Sub-Committee decided to revoke the Premises Licence for Sunset Strip. The reasons cited included an extensive history of non-compliance with licence conditions, a culture of non-compliance within the licence holder, and repeated failures to adhere to warnings and interventions. The Sub-Committee found that alternative options, such as modifying conditions or changing the DPS, would not be sufficient to promote the licensing objectives given the persistent breaches.

Revocation of SEV Licence for Sunset Strip, 30 Dean Street, W1D 3SA

The committee also considered an application by the Westminster Licensing Authority to revoke the Sexual Entertainment Venue (SEV) licence for Sunset Strip. The grounds for revocation were that the licence holder is unsuitable to hold the licence, citing paragraph 12(3)(a) of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.

The Licensing Authority's application stemmed from a visit on 17 January 2024, following an allegation of assault/drink spiking. During this visit, officers observed physical contact between performers and customers during private dances, breaching SEV licence conditions. Issues with CCTV operation and a lack of SIA-licensed door supervisors were also noted. The Licensing Authority highlighted similar breaches in 2019, 2022, and 2023, and noted that the SEV licence renewal in November 2023 was a close decision with a warning about future non-compliance. They stated that the proposed changes, such as the removal of private dancing booths, had not been completed as assured.

The Metropolitan Police Service supported the revocation, echoing the concerns about repeated breaches, particularly regarding the 'no touching' rule and CCTV failures. They argued that the problem was endemic and systematic, and that the premises had been given multiple chances.

Environmental Health Services supported the revocation based on the evidence presented by the police regarding public safety.

The Soho Society also supported the revocation, citing the long history of non-compliance and the need for decisive action to send a message to other operators.

The Premises Licence Holder, Sohomead Ltd, through their counsel, acknowledged the allegations and stated that refurbishment works were underway, including the removal of private booths and an overhaul of the CCTV system. They also highlighted the appointment of a new management team, DPS, and staff, along with updated policies and procedures. They offered a condition that Mr Sajead Ghaffar, Mr Gavin Venamore, and/or Mr Declan Joseph Forde would have no involvement in the running of the premises.

Decision: The Sub-Committee decided to revoke the SEV Licence for Sunset Strip. The reasons given were the extensive history of non-compliance with licence conditions, a perceived culture of non-compliance within the licence holder, and the failure to implement proposed changes, particularly the removal of private dancing booths. The Sub-Committee found that the licence holder was unsuitable to hold the licence and that revocation was the appropriate and proportionate response.

The decisions on the review and revocation of the licences for Sunset Strip were made on 16 May 2024. The documents indicate that the new shadow premises licence application for 30 Dean Street was also considered, but the outcome for this specific application is not detailed in the provided minutes.