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Trading name: 

Madame Geisha

Applicant name: 

Madame Geisha Ltd

Address: 

75 - 79 East Street
Brighton
East Sussex
BN1 1NF

Application type: 
Premises - Minor variation
Case status: 
Superseded
Decision: 
Grant with Conditions
Received date: 
Wednesday 11 April 2012
Issued: 
Wednesday 13 June 2012
Map: 
[view map]

Performance of Dance

Times: 
  • 10:00:00 - 03:00:00 Every Day

Dancing

Times: 
  • 10:00:00 - 03:00:00 Every Day

Making music

Times: 
  • 10:00:00 - 03:00:00 Every Day

Re live/rec music/perf of dance

Times: 
  • 10:00:00 - 03:00:00 Every Day

Performance of Live Music

Times: 
  • 10:00:00 - 03:00:00 Every Day

Performance of Recorded Music

Times: 
  • 10:00:00 - 03:00:00 Every Day

Similar to making music/dancing

Times: 
  • 10:00:00 - 03:00:00 Every Day

Late Night Refreshment

Times: 
  • 23:00:00 - 03:00:00 Every Day

Opening hours

Sale by Retail of Alcohol

Alcohol consumed: 
On the premises
Times: 
  • 10:00:00 - 03:00:00 Every Day
Current designated person
Name: 
Benjamin Thomas Chalk
From: 
Thursday 13 December 2012
Previous designated person
Name: 
Mr Stephen Brett
From: 
Wednesday 29 August 2012
To: 
Thursday 13 December 2012
Previous designated person
Name: 
Jihong Park
From: 
Thursday 1 December 2011
To: 
Tuesday 28 August 2012
Previous designated person
Name: 
Mr Matthew Felton-Dimmack
From: 
Thursday 6 November 2008
To: 
Thursday 1 December 2011
Previous designated person
Name: 
Karen Rouke
From: 
Friday 22 June 2007
To: 
Thursday 6 November 2008
Previous designated person
Name: 
Peter Davis
From: 
Monday 4 June 2007
To: 
Friday 22 June 2007
Previous designated person
Name: 
Lee Miller
From: 
Thursday 26 April 2007
To: 
Monday 4 June 2007
Previous designated person
Name: 
Mr Tyrone Murley
To: 
Thursday 26 April 2007
Responsible authority: 
Police
Consultation period closes: 
Wednesday 25 April 2012
Responsible authority: 
Fire Service
Consultation period closes: 
Wednesday 25 April 2012
Responsible authority: 
Environmental Health
Consultation period closes: 
Wednesday 25 April 2012
Mandatory conditions

S 21; mandatory condition: door supervision
- where a premises licence includes a condition relating to security activity, the licence must include a condition that each individual must be licensed by the Security Industry Authority (there are exemptions re theatre and films and clubs)


Mandatory conditions

Embedded Conditions:

1. Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.

7) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.

Restrictions
The above restrictions do not prohibit:
d) consumption of alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of alcohol so ordered;
f) the sale of alcohol to a trader or club for the purposes of the trade or club;
g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
h) the taking of alcohol from the premises by a person residing there; or
i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

3. Premises with children's certificate
A notice which states that a Children's Certificate is in force, in relation to the area to which the certificate relates, and explains the effect of the certificate and of any conditions attached to it must be posted in some conspicuous place in that area.

No person under fourteen shall be in the bar of the canteen during the permitted hours unless one of the following applies:
1) He is the child of the holder of the premises licence.
2) He resides in the premises, but is not employed there.
3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
4) The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
5) He is in an area shown on the plan attached to the licence
a. Meals and non-alcoholic beverages are available for sale for consumption in that area.
b. He is in the company of a person aged 18 or over.
c. He is there prior to 9 p.m.
d. He may remain in the area of the premises specified during the first thirty minutes after the certificate has ceased for the consumption of refreshments.
In this condition "bar" includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Source Section 168, 168a, 171, 201, Schedule 12a Licensing Act 1964
Note:
The latest hour for operation of a certificate is 9 p.m. See Sch 12A para 5(1) LA 1964.
Where justices have imposed a later hour under Sch 12A para 5(2), that should be reflected in condition (5)(d).

4. Late Night Refreshment
The Licence may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above, and on New Years Eve until 5am on New Years Day.

5. Recorded Music
Premises licensed for the sale and supply of alcohol may provide, at any time, regulated entertainment by the reproduction of wireless, including television broadcast and of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.
Source Section 182 Licensing Act 1964

Variations to Embedded Conditions:

Requirements relating to Supper Hours removed.

References to permitted hours removed where superseded.

Mandatory conditions

Annex 1 - Mandatory conditions

S 19; mandatory conditions where licence authorises supply of alcohol
- no supply of alcohol may be made under the premises licence
(a) at a time when there is no designated premises supervisor in respect of the premises, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
- every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence

1.—(1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;

(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

4.—(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

(2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

5. The responsible person shall ensure that-
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.

Conditions consistent with the operating schedule

Annex 2 - Conditions consistent with the Operating Schedule:

For the Prevention of Crime and Disorder:
1. There will be no promotions that encourage irresponsible drinking of alcohol.
2. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System, operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The CCTV cameras and recording equipment must be of sufficient quality to work in normal lighting levels inside the premises at all times. 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 required 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. The management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk for the police without difficulty or delay and without charge to Sussex Police. Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.
3. SIA trained and licensed door supervisors shall be employed on occasions (including bank holidays and New Year's Eve etc) when a requirement is identified by the licence holder's written risk assessment or is requested by Sussex Police. Alternatively or in addition to the provision of on site door staff, the licence holder will consider in their written risk assessment the provision of a recognised mobile support unit which will provide SIA qualified door supervisor back up 24 hours a day, or is requested by Sussex Police.

4. An ID scanning system to be installed and maintained to record persons entering the premises. The system should have the ability to share alerts with other venues using similar ID scanning equipment , identify the hologram of an ID and read both Passports and ID cards, including PASS cards, the system should be able conduct tests to determine if a document is genuine or counterfeit, the system should be able to send a weekly ammonised statistical report to the police licensing team, as and when requested. The system to be compliant with the Information Commissioners good practice guidance for ID Scanning in clubs and bars and the provision and maintenance of the ID scanning equipment shall be to the reasonable satisfaction of Sussex Police (Brighton Police Licensing).

5. The use of the ID scanning system will be conducting in strict accordance with the premises written ID scanning entry policy. This written policy will be approved in writing in advance by Sussex Police (Brighton Police Licensing).

6. Where a promoter or other external party holds an event at the premises, the DPS will provide written details to Brighton Police Licensing a minimum of 21 days in advance of the date of the proposed event.


For Public Safety: None.


For the Prevention of Public Nuisance:

7. Customers will be advised by staff and door staff to leave the premises quietly and respect neighbours.

8. Music will not be played at such a high level as would be intrusive for neighbours; any advice from the environmental health officer will be followed.

9. The premises shall have in place a detailed Noise Management Plan that has been submitted in writing and agreed with the local Licensing Authority. Noise generated from the activities at the premises shall be managed in accordance with these approved details. The Noise Management Plan shall be reviewed annually in consultation with the local Licensing Authority and this shall be recorded within the document. Any changes shall be agreed upon and submitted in writing to the local Licensing Authority.
(Condition added after Minor Variation submitted on 11th April 2012).


For the Protection of Children from Harm:

10. No adult entertainment will be provided on the premises.
11. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The only forms of ID that will be accepted are passports, driving licenses with a photograph or proof of age cards bearing the 'PASS' mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.
12. Suitable and sufficient signage advertising the "Challenge 25" policy will be displayed in prominent locations in the premises.
13. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following training in age-restricted sales:
o The premises licence holder will ensure that all staff members engaged in selling alcohol on the premises shall receive induction training as to the lawful selling of age restricted products prior to the selling of such products, and verbal reinforcement/refresher training thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
o All age-restricted sales training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police and Brighton & Hove Trading Standards Service upon request.
14. No drinks may be removed from the premises other than in sealed containers for consumption away from the premises [the preceding sentence is an existing condition on the licence]. Patrons will not be permitted to take drinks outside of the premises to consume whilst smoking on congregating outside on the pavement or the roadside etc.

Conditions attached after a hearing by the licensing authority

Annex 3 - Conditions Attached after a hearing of a Licensing Panel on 17th August 2007

1. The windows to remain closed after 2100 hours, while regulated entertainment is provided. Otherwise all windows shall be closed after 2300 hours. The Licensee to undertake routine monitoring to ensure levels of music are not excessive and take appropriate action where necessary.

2. The disposal of waste, including bottles, in external refuse bins will be limited between 0930 and 2300 hours.

3. The collection of waste, including bottles, from external refuse bins will be limited between 0730 and 1900 hours.

4. A noise limiter/compressor shall be installed by a competent person to the satisfaction of the Director of Environment. The noise limiter/compressor must be set at a level agreed by the Director of the Environment.

5. Amplified music or other entertainment noise within the premises shall not be audible in the nearest noise sensitive premises.


6. The premises will become an active member of the business crime reduction partnership and participate in night safe and yellow card scheme or other similar Police approved and accredited pub watch type initiative.

7. On Friday and Saturday nights from 2100 until close, SIA door supervisors will operate from the premises on a ratio to 1 to 100 customers or part there of, starting with a minimum of two.


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

9. On initial employment of the door supervisor, authentic proof of identity shall be obtained in the form of a passport, drivers licence or birth certificate.

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

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

12. 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.

13. 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.

14. No drinks may be removed from the premises other than in sealed containers for consumption away from the premises.

In order to promote the objective of preventing public nuisance from the Licensing Act 2003 and enhance licensing objectives, the proposed variation will require that the Licence for the Madame Geisha premises requires that the licensee submit a Noise Management Plan (NMP) to the Local Licensing Authority for approval and thereafter the premises must be operated in compliance with any approved NMP. The aim of the Noise Management Plan is to put in place reasonable measures to reduce the noise impact of sources associated with the premises. Although the preparation and compliance with a NMP may be a requirement of the premises licence it is also expected to be applied to events permitted under any Temporary Events Notices (TENS) held at the licensed premises.