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Trading name: 

Bau Wow

Applicant name: 

Barclub Brighton Limited

Address: 

75-79 East Street
Brighton
East Sussex
BN1 1NF

Application type: 
Premises - Minor variation
Case status: 
Superseded
Decision: 
Grant with Conditions
Received date: 
Friday 23 February 2018
Issued: 
Monday 12 March 2018

Performance of Dance

Times: 
  • 10:00:00 - 08:00:00 Excluding Sundays
  • 12:00:00 - 08:00:00 Sunday

Exhibition of a Film

Times: 
  • 10:00:00 - 08:00:00 Excluding Sundays
  • 12:00:00 - 08:00:00 Sunday

Re live/rec music/perf of dance

Times: 
  • 10:00:00 - 08:00:00 Excluding Sundays
  • 12:00:00 - 08:00:00 Sunday

Performance of Live Music

Times: 
  • 10:00:00 - 08:00:00 Excluding Sundays
  • 12:00:00 - 08:00:00 Sunday

Performance of Recorded Music

Times: 
  • 10:00:00 - 08:00:00 Excluding Sundays
  • 12:00:00 - 08:00:00 Sunday

Late Night Refreshment

Times: 
  • 23:00:00 - 05:00:00 Every Day

Opening hours

Times: 
  • -
  • 10:00:00 - 08:00:00 Every Day

Sale by Retail of Alcohol

Alcohol consumed: 
Both on and off the premises
Times: 
  • 10:00:00 - 07:30:00 Excluding Sundays
  • 12:00:00 - 07:30:00 Sunday
Current designated person
Name: 
Matthew Felton-Dimmack
From: 
Thursday 14 September 2017
Previous designated person
Name: 
Jack Youdan
From: 
Thursday 20 October 2016
To: 
Thursday 14 September 2017
Previous designated person
Name: 
Damien Fell
From: 
Monday 20 June 2016
To: 
Thursday 20 October 2016
Previous designated person
Name: 
Adam Cheski
From: 
Wednesday 9 March 2016
To: 
Monday 20 June 2016
Previous designated person
Name: 
Nicholas Heasman
From: 
Thursday 4 February 2016
To: 
Wednesday 9 March 2016
Previous designated person
Name: 
Karl Michael Ryan
From: 
Monday 13 April 2015
To: 
Thursday 4 February 2016
Previous designated person
Name: 
Matthew Leggett
From: 
Monday 17 November 2014
To: 
Monday 13 April 2015
Previous designated person
Name: 
Johnny White
From: 
Wednesday 12 November 2014
To: 
Sunday 16 November 2014
Previous designated person
Name: 
Barry Michael Clarke
From: 
Friday 18 July 2014
To: 
Friday 15 August 2014
Previous designated person
Name: 
Paul James Dutnall
From: 
Thursday 21 November 2013
To: 
Friday 18 July 2014
Previous designated person
Name: 
Mr Daniel James Simmons
From: 
Friday 11 November 2011
To: 
Thursday 21 November 2013
Previous designated person
Name: 
Erdal Tom Geylani
From: 
Tuesday 7 September 2010
To: 
Friday 11 November 2011
Previous designated person
Name: 
Mr Anton Kasanin
From: 
Tuesday 2 August 2005
To: 
Tuesday 7 September 2010
Previous designated person
Name: 
Ms Nicola Jane Margaret Ladd
From: 
Friday 27 November 2009
To: 
Monday 2 August 2010
Previous designated person
Name: 
Mr Malcolm Henry Liddell-Grainger
From: 
Monday 4 February 2008
To: 
Friday 27 November 2009
Previous designated person
Name: 
Mr Charles Pullinger
From: 
Tuesday 13 November 2007
To: 
Monday 4 February 2008
Previous designated person
Name: 
Andrew Julian Rogers
From: 
Monday 26 March 2007
To: 
Tuesday 13 November 2007
Previous designated person
Name: 
Charlie Pullinger
From: 
Thursday 8 February 2007
To: 
Monday 26 March 2007
Previous designated person
Name: 
Mr Robin Kay
From: 
Friday 30 June 2006
To: 
Thursday 8 February 2007
Previous designated person
Name: 
Mr Lee Cooper
To: 
Friday 30 June 2006
Previous designated person
Name: 
Mr Stephen Nicholas Machin
To: 
Tuesday 2 May 2006
Previous designated person
Name: 
Mr Christopher Mirrlees (Expired)
To: 
Tuesday 29 November 2005
Responsible authority: 
Police
Consultation period closes: 
Friday 9 March 2018
Mandatory conditions

S 21; mandatory condition: door supervision

1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001: or
b) Be entitled to carry out that activity by virtue of section 4 of the Act.

2. But nothing in subsection (1) requires such a condition to be imposed:
a) In respect of premises within paragraph 8 (3)(a) of Schedule 2 to the Private Security Industry act 2001 (c12) (premises with premises licences authorising plays or films): or

b) In respect of premises in relation to:
I. Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence) or

II. any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

3. For the purposes of this section:
a) "Security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for purposes of that Act, (see Section 3(2) of that Act) and

b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

Mandatory conditions

Annex 1 - Mandatory conditions
S 19; mandatory conditions where licence authorises supply of alcohol
1. 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
2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence
3. (1) The responsible person must 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-
(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 in a manner which carries a significant risk of undermining a licensing objective;
(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 in a manner which carries a significant risk of undermining a licensing objective;
(d) 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.
(e) dispensing 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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) 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 either—
(a) a holographic mark, or
(b) an ultraviolet feature.
6. The responsible person must 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;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available."
Minimum Drinks Pricing
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. For the purposes of the condition set out in paragraph 1 —
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979:
(b) "permitted price" is the price found by applying the formula—
P=D+(DxV)
where—
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence—
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

Mandatory conditions

S 20; mandatory condition: exhibition of films

1. Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

2. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation by that body.

3. Where -
(a) The film classification body is not specified in the licence, or
(b) The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

4. In this section -
"children" means any person aged under 18; and
"film classification body" means the person or persons designated as the authority under Section 4 of the Video Recordings Act 1984(c39) (authority to determine suitability of video works for classification).

Conditions consistent with the operating schedule

Annex 2 - Conditions consistent with the Operating Schedule:

For the Prevention of Crime and Disorder:

1. Secure boxes for confiscated items to be provided (ie 'sin bins' for drugs).

2. The designated premises supervisor (DPS) will attend Pub Watch meetings for the area.

3. Last entry to the premises will be 1 hour before the terminal hour.

For Public Safety:

4. Toughened or plastic glasses will be used as appropriate.

5. A counting system will implemented to ensure the maximum capacity of the premises is not exceeded.

6. The premises capacity of 280 will not be exceeded.

For the Prevention of Public Nuisance:

7. Customers will be monitored as they leave the premises. They will be requested to leave the premises quietly and signs to that effect will be displayed close to exit doors.

8. The amplified sound system will continue to be controlled with the limiter which was fitted at the time of application (or other such setting/device as directed by officers of the Environmental Health & Licensing Dept of BHCC)

For the Protection of Children from Harm:

9. From opening hours until no later than 22.00 hours children are allowed on the premises accompanied by an adult.

10. A notice will be displayed and additional staff training will occur to ensure this is included when other training for staff is being given and recorded as at conditions 13, 14 and 15 below.

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 recommended forms of ID that will be accepted are passports, driving licences with a photograph, photographic military ID or proof of age cards bearing the "PASS" mark holograph. 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. Signage advertising the "Challenge 25" policy will be displayed in prominent locations in the premises.

13. The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:-
(i) The lawful selling of age restricted products; and
(ii) Refusing the sale of alcohol to a person who is drunk

14. Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 12 weeks, with the date and time of the verbal reinforcement/refresher training documented.

15. All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the Local Authority and Brighton & Hove Weights & Measures Officers upon request.

Conditions attached after a hearing by the licensing authority

Annex 3 - Conditions Attached after a hearing of a Licensing Panel:
Conditions Attached after a hearing of a Licensing Panel held on 16th September 2005:

1. The Designated Premises Supervisor shall ensure that noise and vibration does not emanate from the premises so as to cause a nuisance to nearby properties.

Conditions Attached after a hearing of a Licensing Panel held on 14th September 2007:

1. Digital CCTV and appropriate recording equipment to be installed operated and maintained throughout the premises internally and externally to a standard specification following consultation with Sussex Police. CCTV footage will be stored for a minimum of 28 days, and the management will give full and immediate co-operation and technical assistance to the Police in the event that CCTV footage is requested for the prevention and detection of suspected or alleged crime. Management will ensure that sufficient staff are trained in the use of the CCTV system to enable very prompt retrieval and copying onto a disc of and all footage required by the Police or other responsible authorities, in pursuance of their duties.

2. There will be no off sales. Alcohol for sale and consumption on the premises only.

3. Door Supervision:

On Sunday through to Thursday, SIA door supervisors will operate on the premises as follows:

A minimum of two door supervisors from 22.00 hrs, the general division of duties except in an emergency etc. being two on the door and one inside. The door supervisors will work on a customer ratio of one to fifty. Accordingly when the number of customers (excluding staff) reaches one hundred and fifty or more, a further door supervisor must be deployed up to a maximum of 5 door supervisors when the capacity (including staff) reaches two hundred and eighty.

On Friday and Saturday nights:

A minimum of two door supervisors will operate from the premises at 22.00 hrs. If however the capacity of the premises exceeds 100 excluding staff, then further door supervisors will be deployed forthwith at a rate of one door supervisor per fifty patrons, starting with a minimum of three door supervisors for 101 to 150 patrons excluding staff, and a minimum of four door supervisors for 150 to 200 patrons.
An additional two door supervisors will operate from the premises from 23.00hrs.

A further one door supervisor will operate from the premises from 23.30hrs (thus making a total of 5 door supervisors).
The premises will carry out an internal risk assessment and will, where necessary, employ additional door supervisors on other nights of the week for bank holidays, New Year's Eve etc., as appropriate.

4. Pint and half pint polycarbonate or plastic drinking receptacles will be used throughout the premises. No glass pint of half-pint drinking receptacles will be used.

5. Spirits will be served in polycarbonate or plastic drinking receptacles.

6. Normal glassware (drinking receptacles but not bottles) can be used for cocktails, shots, wine and champagne only.

7. Glass bottles containing beers and lagers may be served to patrons.

8. Champagne and wine bottles may be served to customers in the booth and seated areas only.

9. Customers are not permitted to move around the Club with champagne and wine bottles, except when transporting the same from the bar to the booth and seated areas.

10. No bottles or drinking receptacles may be removed from the premises by customers.

11. Removed via Minor Variation 2018/00790/LAPRMV.

12. Queue management: The queue to the premises to be limited to no more than 20 persons at any one time and to be situated in the area between the entrance to Rouge and the entrance to Coco, leaving a clear passageway on the pavement. Such queue to be managed by the SIA door staff.

13. No more than 10 customers may be permitted to smoke outside the premises at any one time and those smoking must be managed by SIA door staff. No customer will be permitted to take drinks outside the premises at any time.

Since changing hands this premises is operating in a more varied way and to improve its day time image it is asking that the condition 9 on the premises licence be altered so as to allow children on the premises during the normal day and evening with the following suggested condition. "From opening hours until no later than 22:00 hours children are allowed on the premises accompanied by an adult. A notice will be displayed and additional staff training will occur to ensure this is included when other training for staff is being given and recorded as at conditions 12,13,14" Additionally to avoid conflict and confusion the Challenge 21 condition at Annex 3.k. be removed as it is over ridden by the Challenge 25 Condition at Annex 2.10