Agenda item

Consideration was given to an application (made in accordance with Section 17 of the Licensing Act 2003) for the grant of a Premises Licence in respect of premises known as Wigtox Lounge situated at 33 South Street, Rawmarsh, Rotherham S62 5RF.

 

The applicant, Mrs. Helen Clayton,was seeking authorisation to allow:-

 

-         Sale of alcohol (for consumption on and off the premises) on:

·        Sunday to Thursday between 12:00 hours and 23:00 hours

·        Friday and Saturday between 12:00 hours and 00:30 hours on the day following; and

·        New Year’s Eve between 12:00 hours and 02:00 hours on the day following

 

-         Provision of live and recorded music and the performance of dance (inside only) on:

·        Sunday to Thursday between 12:00 hours and 23:00 hours

·        Friday and Saturday between 12:00 hours and 00:30 hours on the day following; and

·        New Year’s Eve (live and recorded music only) between 12:00 hours and 02:00 hours on the day following

 

-         Exhibition of films (inside only) on:

·        Sunday to Thursday between 10:00 hours and 23:00 hours; and

·        Friday and Saturday between 100:00 hours and 00:30 hours on the day following

 

-        Provision of late-night refreshment, for consumption inside the premises, on:

·        Friday and Saturday between 23:00 hours and 00:30 hours on the day following; and

·        New Year’s Eve between 23:00 hours and 02:00 hours on the day following

 

The application was submitted for the grant of a Premises Licence on 26^th June, 2025 and was subsequently amended, Appendix 2 of the report submitted, deleting reference to the use of the roof top terrace.

 

The premises comprised part of the former Rycroft and Rawmarsh Working Men’s Club which was situated in two next door buildings, a converted church and the ground floor of a two storey house.  The application was in respect of the converted church only.  The next door two storey house was now solely residential and formed no part of the application.

 

The converted church would have a three-way function:-

 

-        Part of the premises would be used as treatment/therapy rooms.  Although not part of the application, they would be accessed via a door located within the licensed area.  People using the treatment rooms would also share the same toilets as the licensed area.  The treatment/therapy rooms would be open between 08:00 hours and 19:00 hours Monday to Friday and 09:00 hours and 12:30 hours on Saturday, closed on Sunday

 

-        The rear of the premises was used as residential accommodation with its own entrance/exit

 

-        The front of the premises would form the licensed area with two fixed bars one serving alcohol and the other alcohol, a range of non-alcoholic beverages and food.  There was also a mezzanine level which formed part of the licensed area

 

The outdoor consumption of alcohol, food and non-alcoholic drinks would only be allowed on a patio area to the front of the premises until 23:00 hours every day.  However, customers would be permitted to use the patio to smoke until the premises closed but no music, even at a background level, would be provided.

 

The applicant had offered 32 management control conditions in the application.  However, subsequently the applicant had submitted additional information in support of the application as well as from various parties who had made representations to the application.  Having reviewed all the information, some additional conditions had been offered by the applicant which had been accepted by the Licensing Authority

 

The updated document circulated incorporated the additional conditions.

 

The Sub-Committee adjourned the meeting for 10 minutes to enable the additional information to be read.

 

Consultation on the application had been carried out in accordance with all statutory requirements and the Council procedure.  At the end of the consultation period representations had been received, both for and against the application.

 

Two Responsible Authorities (Licensing Authority and the Community Protection Unit) had made representations against the grant of the application as well as two Ward Councillors and nine “Other Persons”.

 

Fifty-seven representations in support of the application had been received from “Other Persons”.

 

The applicant, Mrs. Helen Clayton, was in attendance together with Mr. Carl Clayton, Mrs. M. Haywood, legal representative and Ms. C. Marshall (Wigtox employee).

 

The Sub-Committee heard representations from Mrs. D. Kraus (Principal Licensing Officer) together with Alan Pogorzelec (representing the Licensing Authority), and Kirsty Leonard (representing Community Protection Unit).

 

The objections of the Licensing Authority were based on three of the licensing objectives i.e.:-

 

·            Preventing crime and disorder.

·            Protection of children from harm.

·            Prevention of public nuisance.

 

However, as previously stated, discussions had been taking place with regard to the application with a number of additional management controls having been agreed which addressed the concerns of the Licensing Authority regarding door supervision and the monitoring of external areas. 

 

Due to the timescales involved and agreement only having been reached the previous day, it had been necessary to attend the hearing and inform the Sub-Committee that the Licensing Authority was formally withdrawing their objections and would take no further part in the proceedings.

 

There had also been discussions with the applicants and the Community Protection Unit with regard to a Noise Management Plan (NMP).  In addition to the new conditions, there was scope for an additional condition with regard to a NMP which would be agreed by the Community Protection Unit prior to the business opening.  The NMP would encompass key aspects of the activities at the premises, including external areas and any general operational noise that took place, as well as taking into consideration any advice or information provided by a noise management specialist.  Once drafted it would be expected to be implemented, checked and monitored by the Designated Premises Supervisor.

 

Both the Licensing Authority and the Community Protection Unit, as Responsible Authorities, would continue to monitor the premises to ensure the agreed conditions were put fully into effect and maintained.  Should any of the conditions not be met or should the licensing objectives be undermined in any way, it would be dealt with as appropriate.

 

The objections of the Community Protection Unit were based on two of the licensing objectives i.e.:-

 

·            Prevention of crime and disorder

·            Public nuisance

 

Kirsty Leonard, Community Protection Unit, confirmed that discussions had been taking place around concerns of noise which were addressed by the conditions supplied by Licensing.

 

In light of the above, therefore, the Community Protection Unit was formally withdrawing its objection to the application.

 

The two Ward Councillors had objected to the application based on all four of the licensing objectives i.e.:-

 

·            Preventing crime and disorder.

·            Public safety .

·            Prevention of public nuisance.

·            Protection of children from harm.

 

and raised the following concerns:-

 

-        The operating hours requested on a Friday and Saturday night were not suitable for a business operating in the middle of a residential area

-        Strong likelihood of residents being disturbed by the noise of customers coming and going from the premises late into the night-time hours

-        Reported crime and disorder and public nuisance when the premises operated as a working men’s club

-        No separation between the beauty parlour and the licensed premises.  Possibility of intoxicated people straying into the beauty area

-        Children accompanying their parents to the beauty premises and potentially putting them in harm’s way by the activities in the other part of the building

 

Councillor Hughes, Ward Councillor, was in attendance at the meeting.  She had been asked to present the concerns of three local residents as they were fearful of reprisals.  There had been crime and disorder at the building in the past when it had operated as a club and they feared that it would continue in the new premises.  They were concerned about what would happen when the two different businesses met and could possibly leave vulnerable people and possibly children at risk from intoxicated people entering the beauty part of the business.   

 

The Sub-Committee took into consideration the nine written submissions objecting to the application that had been provided to the meeting:-  The objections centred around:-

 

-        The outdoor area on the front of the building should be enclosed with no visual access to the street given its proximity to the school

-        Exacerbation of the parking issues

-        The late opening hours attracting patrons from other drinking establishments when they closed

-        The proposed offer of the licenced premises was not suitable for the majority of residents in the area

-        The offer of non-alcoholic drinks/milkshakes would entice unaccompanied children to enter the building and be in the same area as adults drinking alcohol

-        Noise nuisance from the playing of music

-        History of public disorder/drug taking and selling from the previous use of the building

-        Family orientated street with young children and newborns; it was not a town centre venue

-        The proposed opening hours were too long

-        The car park opposite the premises was now housing causing increased parking difficulties

-        The need for installation of security cameras outside the venue and South Street to capture any anti-social behaviour

-        Increase in littering

 

Fifty-seven representations had been received in favour of the application highlighting:-

 

-        It was what the area needed

-        It offered a family orientated atmosphere – something the area was lacking

-        It would bring the community together in a child friendly environment

-        The derelict building attracted undesirable activities and welcomed the prospect of it being revitalised into a community space

-        It would reinvigorate the area and potentially generate jobs

 

Two members of the public, who were in support of the application, were in attendance and made the following points:-

 

-        She had been a client of the Clayton’s beauty business for a number of years and found them to be very professional

-        The new premises were very welcoming and would invigorate the area

-        The lounge would bring people together and build new friendships

-        It would bring employment into the area

-        The building had been refurbished to a very good standard

 

In response to questions, the applicants, with the assistance of their legal representative, provided the following information:-

 

-        Mrs. Clayton had now secured her Personal Licence

-        Wigtox was very popular and purely a beauty therapy business

-        The Clayton’s had been as transparent as possible with the surrounding residencies and tried to explain what their aim was for the building

-        They were not trying to resurrect the former working men’s club and how it operated in the past.  They were not seeking to make a pub/club and following feedback/representations, the hours of opening had been amended

-        South Yorkshire Police had not submitted representations to the application

-        It would feel much like a spa/pamper event rather than a bar/club with clients being able to have an alcoholic drink following a treatment

-        Following concerns raised regarding the shared use of the toilet facilities, it may be possible to utilise another toilet (not shown on the plans) for the use of those that were not having beauty treatments

-        The area left in the premises for licensable activities was quite limited and would not allow pantomimes, musical groups etc. 

-        The aim was to provide a community hub

-        There had been significant noise attenuation work put into the fabric of the building as well as a new roof

-        The new sound system was controlled in the office by the manager and would be low key to enable conversations to take place

-        The new CCTV system had 4 cameras both internally and externally

-        Proposed new noise condition (see No. 39 below).  The applicants would also look to build in 2 nominated locations, the most noise sensitive points, for checks to be undertaken when there was any live music with a sign-off sheet attached

-        Temporary Event Notices would be applied for if it was attended to hold a pay per view event

 

Resolved:-  That the application, as amended, for the grant of a Premises Licence in respect of premises in respect of premises known as Wigtox Lounge situated at 33 South Street, Rawmarsh, Rotherham S62 5RF be approved subject to the following amended conditions:-

 

1. Subject to condition 2 below, no person shall be admitted to the premises after 23:00 hours.

 

2. Condition 1 will not apply to persons that were present in the premises at any point between 22:45 hours and 23:00 hours.

 

3. The CCTV system installed at the premises shall:-

 

(a)  be maintained fully operational and in use at all times that the premises are open

(b)  make and retain clear images

(c)  show an accurate date and time that the images were made

(d)  cover the inside of the premises and the external front patio

 

4.  CCTV systems installed after 2021 should be a full digital system with wide dynamic range IP cameras (WDR).

 

5. All CCTV images shall be retained for a period of not less than 31 days.

 

6. The CCTV footage shall be controlled and kept in a secure environment to prevent tampering or unauthorised viewing.  A record will be kept of any person who accesses the system, the reason why and when.

 

7. A member of staff who is trained to operate the CCTV system, review images and supply footage, will be present at the premises at all times when licensable activities are taking place.

 

8.  CCTV images shall be immediately made available for review upon request of the Police or an authorised officer of the Licensing Authority for purposes in connection with the prevention and detection of crime and disorder, in line with GDPR guidance.

 

9. A copy of a CCTV image shall be provided within 24 hours upon request of the Police or an authorised officer of the Licensing Authority.

 

10.  Suitable signage informing customers that CCTV is in operation shall be displayed in prominent positions inside and outside of the premises.

 

11. A record shall be kept of each member of staff who is authorised to sell alcohol and shall include the staff member’s full name, address and date of birth.  This record shall be retained on the premises and made available for viewing on request of the Police or an authorised officer of the Licensing Authority.

 

12. A Challenge 25 Policy shall be in operation.  This Policy shall require that any person who appears to be under the age of 25 must provide ID prior to being served alcohol.  Acceptable forms of ID are:-

 

(a)  passport

(b)  UK photo driving licence or

(c)  military ID card

 

13.  All refusals made under the Challenge 25 Policy shall be logged in a bound book.  This log must show:-

 

(a)  date of refusal made

(b)  member of staff who made the refusal

(c)  if refused, whether fake ID was seized

(d)  signs notifying customers of the operation of the Challenge 25 scheme shall be displayed at the entrance to the premises and at each point of sale

 

14. A bound incident book shall be maintained in which the following shall be recorded:-

 

(a)  incidents of crime and disorder occurring at the premises (both inside and outside) which shall include the date and time of the incident

(b)  any action taken including if the Police were called

 

15. The Challenge 25 log and the incident book shall be kept on the premises and shall be available for inspection upon request of the Police or an authorised officer of the Licensing Authority.

 

16. The DPS, or their nominated deputy, shall check the Challenge 25 log and the incident book at least once a week and sign and date each check.

 

17. There shall be a zero-drug tolerance policy in operation at the premises which shall include the requirement that regular checks are carried out by management to prevent the use of drugs by patrons and that such checks are recorded.

 

18.  A copy of the premises drugs policy, and associated records, shall be kept at the premises and made available to the Police or an authorised officer of the Licensing Authority upon request.

 

19. The premises shall operate in accordance with the “ask Angela scheme” and notices to this effect shall be displayed.

 

20. The DPS or Premises Licence Holder will risk assess the need for door supervisors to be employed at the premises.  If such a risk assessment indicates that door supervision is required, then a minimum of two SIA door supervisors are to be employed at the premises at any particular time (as determined by the risk assessment).

 

21.  Unless a risk assessment indicates otherwise, on days when higher risk activities are taking place at or in the vicinity of the premises, then at least two SIA door supervisors are to be employed at the premises during the hours that the higher risk activities are taking place.  A higher risk activity would be one that could reasonably be expected to result in a significant increase in the number of people attending the venue and/or a change in the nature or behaviour of the people that attend the venue when compared with what would be expected had the activity not been taking place (for example a major sporting event).

 

22.  When carrying out a risk assessment regarding the provision of door supervisors, the licence holder and/or DPS should have regard to any information provided to the licence holder by the Licensing Authority, South Yorkshire Police or any other reliable source of information.

 

23. All door supervisors when working shall wear a uniform which clearly identifies them to the public as door supervisors, wearing high visibility jackets or vests.

 

24.  A register shall be maintained for persons engaged as door supervisors to include the name and SIA number of the staff.  SIA to be briefed as to details of any events and to record the time and dates of deployment including start and finish time.  The register is to be retained onsite for a period of at least 12 months.

 

25. A written copy of any risk assessment referred to in these conditions must be retained for a period of at least 12 months and available for inspection at the premises by any authorised officer.

 

26.It is considered that, for the nature of the operation of the premises, plastic/polycarbonate drinking vessels will not ordinarily be required, however, a risk assessment will be undertaken should unusual events take place and management deem it necessary.

 

27. The consumption of alcohol, food and non-alcoholic drinks will not be permitted on the front patio after 23:00 hours every day.  However, customers will be permitted to use the patio to smoke until the premises closes.

 

28.  In addition to being monitored by the CCTV system, the external areas to which patrons have access whilst using the premises will be directly monitored via the coffee bar servery window and the use of glass collectors for both internal and external areas.

 

29.  Customers shall not be permitted to use the roof top terrace or the area to the rear of the premises (car park) for the outdoor consumption of alcohol, food and non-alcoholic drinks at any time nor will they be permitted to smoke in these areas.

 

30. Children 12 years and under must be accompanied and supervised by a responsible adult at all times, both inside and outside of the premises.

 

31. No children, that is any person under 16 years of age, will be permitted to remain on the premises (both inside or outside) after 22:30 hours Friday and Saturday or 21:00 hours Sunday to Thursday or unless accompanied and supervised by a responsible adult and attending a pre-booked family function or similar event.

 

32. The premises will display a proxy notice in a prominent position explaining that it is an offence for adults to purchase alcohol and then supply it to persons under 18.

 

33. No signage or advertising for any special treatment provided in the adjoining treatment/therapy rooms shall be on display within the licensed area of the premises.

 

34.  No adult entertainment or services shall be provided at the premises.

 

35.  The DPS shall routinely attend meetings of the local Pubwatch Scheme.

 

36. Notices asking people to leave the premises quietly shall be displayed at the premise’s main exit.

 

37. All staff shall receive training on induction and yearly thereafter, on the terms, conditions and restriction of this licence together with:

 

(a)  operation of Challenge 25

(b)  types of acceptable ID

(c)  method of recording refusals

(d)  refusing sales of alcohol to persons who appear to be drunk

(e)  preventing proxy sales

(f)   incident recording and when to call the Police

(g)  Drugs Policy

(h)  Safeguarding children and vulnerable adults

(i)   operation of the “ask Angela” Scheme

 

38.Staff training shall be recorded, records shall be kept of the premises and shall, on request, be made available for inspection by the Policy or an authorised officer of the Licensing Authority.

 

39.The Premises Licence Holder or Designated Premises Supervisor to prepare a Noise Management Plan to address dispersal noise breakout noise and monitoring of operational noise.  To be provided and approved by the Community Protection Unit prior to the opening and for the Noise Management Plan to be adhered to by the Premises Licence Holder or Designated Premises Supervisor with any relevant amendments that are recommended by the Local Authority or Community Protection Unit.