Agenda item

To consider the attached report.

The three Councillors that presided over this item were Councillors J Jennings, R Morgan and P Stalker. During the meeting when Councillor J Jennings unexpectedly left the meeting due to connectivity problems, Councillor L Mead, who had been present but was monitoring the meeting, took her place.

 

The Chairman introduced the Members and Officers present. The Chairman welcomed the participants to the Sub-Committee. In attendance for the application was the applicant and his wife, Mr and Mrs Lovelock. There were no objectors present.

 

a)         The Application before the Sub-Committee

 

The Licensing Compliance Officer, H Ibrahim, informed the Sub-Committee that an application had been made by Multitap Gaming Ltd in respect of a new premises licence at Multitap Gaming Hub, 52 The Broadway, Loughton IG10 3ST.

 

The application had been received by the Licensing Authority on 22 June 2020. A copy of the new premises licence application and the operating schedule setting out conditions, which would be attached to the licence application if this application was granted, were attached to the agenda.

 

The applicant was applying for a new Premises Licence for an eSports gaming café that would include:

 

Sale of Alcohol on the premises:

Monday - Friday 18.00 to 22.00, Saturday 18.00 to 23.30 and Sunday 18.00 to 20.00

 

Premises opening hours:

Monday to Friday 10.00 to 22.00, Saturday 10.00 to 23.30 and Sunday 10.00 to 20.00

 

The application had been properly advertised at the premises, in a local newspaper and the public notice was attached to the agenda. All residences and businesses within a 150-metre radius of the premises had been individually consulted.

 

The Council had received three letters of objection that had related to the four licensing objectives of the Licensing Act 2003 – the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.

 

The applicant had also agreed recommended conditions with Essex Police, as detailed in the agenda.

 

b)        Presentation of the Applicant’s Case

 

Mr Lovelock informed the Sub-Committee that this would be a video games hub in a niche, new sector of this market. The eSports gaming café would be a venue for people who enjoyed playing video games in a community, socially orientated and safe environment. Refreshments would be provided as an auxiliary service. People would be able to sit down on chairs or sofas and play video games. Age limits would be applied according to the (age) ratings on the video games . There was also the eSports scene, which would tap into the professional levels and those who wanted to take part in competitions. It was hoped that professional players and semi-professionals would come into Multitap Gaming Hub. There would be strictly controlled hours and the applicant had taken steps to reduce the impact of the premises licence, as the safety of its customers was a foremost priority. The auxiliary part of the business of selling refreshments would mean that Multitap Gaming Hub was limited on the alcoholic drinks it would be able to sell, up to 6% alcohol only, which included beers, ciders and pre-mixed drinks. The applicant had co-operated with the Police, liaised with the Council Environment Officers on noise pollution and a fire inspection of the premised had been completed. The applicant explained that Multitap Gaming Hub was very different to a club or pub and out of control drinking would not be encouraged, but monitored and enforced, as there would be lots of expensive equipment that the applicant did not want damaged. The Gaming Hub had been prepared for children with whom it would be a popular venue.

 

c)         Questions for the Applicant from the Sub-Committee

 

Councillor R Morgan asked how the machines would work? Mr Lovelock replied that customers would drop-in, choose the game they wished to play on and pay by the hour. Staff would keep a note of how long they had been playing for . It was an e-gaming hub not gambling venue. No money would change hands on wagers.

 

Councillor R Morgan asked how many machines would there be? Mr Lovelock replied there would be twelve PCs and four sofas, each with consoles and TVs that people could play on. Social distancing would be in operation. If the Covid-19 guidelines were relaxed in the future, the applicant hoped the number of stations could be increased. If the eSports gaming café was full, people would be encouraged to stay and socialise with their friends, or staff would give them a time when they could return.

 

Councillor P Stalker asked if the drinks would be in bottles and/or cans? Mr Lovelock replied yes, and that most drinks would be in bottles.

 

Councillor P Stalker asked if 6.00pm was the time that younger clientele could stay to? Mr Lovelock replied that no bookings for children would be taken after 6.00pm. However, if they were with a parent or responsible adult, then children could stay, unless there was a tournament on that appealed to young children, then they would look at their drink policy. There was not much business after 6.00pm therefore, there would be no children.

 

Councillor P Stalker asked if staff would challenge people on their age? Mr Lovelock replied that there would be a Challenge 25 policy in effect. Therefore, this was the higher age limit and it would be enforced.

 

As Councillor J Jennings had lost connectivity and left the meeting at this point, Councillor R Morgan took over as Chairman and Councillor L Mead formally joined the meeting but had no further questions to ask.

 

The Council’s Senior Legal Executive, G Oakley, explained that the premises floor plan showed a bar area. Was this where people would buy drinks and stand at the bar? Mr Lovelock replied, no, because people could consume drinks in the main area, or sit down with a drink at the stations and be near the equipment, or sit on the sofas.

 

Mr Oakley referred to page 26 of the agenda on the prevention of crime and disorder, regarding anti-social behaviour, in that was there a difference between limiting drinks to people who were becoming drunk to refusing drinks? Mr Lovelock replied that staff would not tolerate abusive behaviour, as these individuals would be straight out of the Gaming Hub, but staff would deal with them on a case-by-case basis. Staff would speak to individuals if they thought they were becoming drunk, but should not encourage them to drink and then refuse to serve them. Staff had a responsibility to everyone at the venue and the priority was that everyone stayed safe and that it was not spoilt by an individual.

 

Mr Oakley asked what the definition of children was, age wise? Mr Lovelock replied any young people 16 years of age and below were children.

 

d)        Questions for the Applicant from the Objectors

 

In the absence of any objectors, Members asked the following questions posed by the objectors in their written submissions to this application.

 

Councillor R Morgan referred to Loughton Town Council’s objection to the serving of alcohol up to 11.30pm on Saturdays because of residential units being above and nearby to the Gaming Hub. Could this be reduced to 11.00pm on Saturdays and the hours on Sundays? Mr Lovelock replied that he was happy to bring down the time to 11.00pm on Saturdays if this would be more appealing to Members. On Sundays as only two hours of drinking was being proposed, he couldn’t see a problem with this, in that it was not long enough to become a problem with the safeguards in place at the premises. If necessary, he would discuss this further.

 

Councillor R Morgan remarked that the Loughton Residents Association Plans Group had a similar objection to the Town Council but with concerns about underage drinking in that during licensable hours access to the venue should only be for people 18 and over. Did any other Members have questions in relation to the submitted objections?

 

Councillor P Stalker had no further questions.

 

Councillor L Mead queried the age level at which alcoholic drinks would be served to people. Mr Lovelock replied that no alcohol would be served to anyone under the age of 18.

 

Councillor R Morgan asked if the applicant could clarify when the admittance of 16 year olds would be allowed to the property? Mr Lovelock replied that individuals 16 years and over should be allowed to stay at the venue or come in after the 6.00pm curfew but would not be served alcohol.

 

Councillor R Morgan asked at what age would people be allowed to use the machines in that, were there certain machines that they wouldn’t be able to use if they were under 18? Mr Lovelock replied that all ages would be able to use any of the machines but some of the video games were limited by their rating and age range for the video game. This wasn’t enforceable by a venue such as theirs but was only enforceable when being purchased by individuals. Needless to say that was something that they did enforce.

 

e)         Presentation of the Objectors

 

There were no objectors present at the meeting.

 

f)         Questions for the Objectors from the Sub-Committee

 

There were no objectors present at the meeting.

 

g)        Questions for the Objectors from the Applicant

 

There were no objectors present at the meeting.

 

h)        Closing Statement from the Objectors

 

There were no objectors present at the meeting.

 

i)          Closing Statement from the Applicant

 

The applicant stated that he had nothing further to add but thanked the Sub-Committee for allowing him the opportunity to explain what the business was about, as it was a new idea. It was a family-run business and they wanted to make it a family friendly venue for everyone to be in a safe environment. He had received lots of positive feedback from parents that they and their children had enjoyed being at the Gaming Hub.

 

j)          Consideration of the Application by the Sub-Committee

 

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application.

 

During their deliberations the Sub-Committee received no further advice from the Legal Officer present. The Sub-Committee considered what was appropriate to promote the four licensing objectives and the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.

 

RESOLVED:

 

That the application for a premises licence in respect of Multitap Gaming Hub, 52 The Broadway, Loughton IG10 3ST, be granted subject to:

 

(A)          the conditions as submitted in the operating schedule by the applicant on 22 June 2020 save that the Licensing hours on a Saturday shall be from 18.00 hours until 23.00 hours; and

 

(B)          the additional conditions, which had previously been agreed between the applicant and Essex Police, as set out on pages 44 and 45 of the agenda relating to the prevention of crime and disorder, prevention of public nuisance and protection of children from harm;

 

which the Sub-Committee considered were reasonable and proportionate and would not undermine the licensing objectives.

 

(C)          the mandatory conditions contained in Sections 19-21 of the Licensing Act 2003 were applied to this licence.

 

The applicants and the objectors were reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.

 

Multitap Gaming Hub – Conditions (agreed with Essex Police)

 

Prevention of Crime and Disorder

 

1. The premises shall have installed and maintain a closed circuit television surveillance (CCTV) system which at all times complies with the below requirements: 

                      i.        CCTV will be provided in the form a recordable system, capable of providing pictures of evidential quality {in all lighting conditions} particularly facial recognition;

                     ii.        CCTV cameras shall cover all entrances {and exits} and the areas where alcohol sales take place;

                    iii.        Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in good working order and kept for a minimum period of {31} days;

                   iv.        Upon the reasonable request of the police or licensing authority staff, within 48 hours viewable copies of recordings will be provided.

 

2. Signs must be displayed at all entrances advising customers that CCTV is operating at the premises and shall be a minimum size of 200 x 148 mm and clearly legible at all times when the premises conducts licensable activities.

 

3. The premises shall have in place and operate a zero tolerance policy with regard to the use/possession of controlled drugs and psychoactive substances and advertise the same within the premises on posters and similar means. This policy shall specifically include but not be limited to:

                          i.          Scrutiny of spaces including toilets or outside areas;

                         ii.          Clear expectations of staff roles (including the DPS, managers/supervisors and door supervisors);

                        iii.          Staff training regarding identification of suspicious activity and what action to take;

                        iv.          The handling of items suspected to be illegal drugs or psychoactive substances

                         v.          Steps taken to discourage and disrupt drug use on the premises

                        vi.          Steps to be taken to inform patrons of the premises drug policy/practices

A copy of this policy document shall be lodged with the police and licensing authority.

 

4. During the period in which the premises is open for licensable activities, toilets shall be checked on at least an hourly basis for the purpose:

a)    of detecting and deterring the use of controlled drugs and psychoactive substances; and

b)    maintaining public safety.

A record of these checks shall be maintained with the date, time, and condition of the toilets and staff member conducting the check.

 

5. An individual may not supply alcohol unless that individual has the written consent of the Designated Premises Supervisor or other employed Personal Licence Holder. A written record of this consent will be retained on the premises at all times when such an individual supplies or proposes to supply alcohol and be made available immediately upon reasonable request of the police or licensing authority.

 

6. In addition to water, other non-alcoholic beverages shall be available at all times whilst alcohol sale or supply takes place.

 

Prevention of Public Nuisance

 

7. No alcohol with an alcohol by volume content above 6% will be sold or offered for sale.

 

8. Customers will not be permitted to remove from the premises any drinks supplied by the premises in open containers.

 

9. In addition to water, other non-alcoholic beverages shall be available at all times whilst alcohol sale or supply takes place.

 

Protection of Children from Harm

 

10. The premises shall display prominent signage indicating at any point of sale that it is an offence:

·         for a person under the age of 18 to buy or attempt to buy alcohol; or

·         buy, or attempt to buy, alcohol for a person under the age of 18.

 

11. A Challenge 25 scheme shall be operated, whereby any person who appears to be under the age of 25 years of age is required to produce on request an item which meets the mandatory age verification requirement and is either a:

·         Proof of age card bearing the PASS Hologram;

·         Photocard driving licence;

·         Passport; or

·         Ministry of Defence Identity Card.

 

12. The premises shall clearly display signs at the each point of sale and in areas where alcohol is displayed advising customers that a ‘Challenge 25’ policy is in force.

 

13.  A refusals record shall be maintained at the premises that details all refusals to sell alcohol.  Each entry shall, as a minimum, record the date and time of the refusal and the name of the staff member refusing the sale. All entries must be made as soon as possible and in any event within 4 hours of the refusal and the record must be made immediately available to police, trading standards or licensing authority staff upon reasonable request. The refusals record shall be either electronic or maintained in a bound document and retained for at least 12 months from the date of the last entry.