Agenda and minutes

Licensing Sub-Committee - Wednesday, 19th January, 2022 11.00 am

Venue: A link to the meeting can be found on the front page of the agenda.. View directions

Contact: Elaine Tibble  01305 224202 Email: elaine.tibble@dorsetcouncil.gov.uk

Media

Items
No. Item

145.

Election of Chairman and Statement for the Procedure of the Meeting pdf icon PDF 133 KB

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

 

Minutes:

Proposed by Cllr Lugg, seconded by Cllr Fry.

 

Decision: That Cllr Andrews be appointed as Chairman for the duration of the meeting.

146.

Apologies

To receive any apologies for absence.

 

Minutes:

No apologies for absence were received at the meeting.

 

147.

Declarations of Interest

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

 

Minutes:

No declarations of disclosable interests were made at the meeting.

 

148.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items.

 

149.

Application to for new premises licence for Caffeine, Weymouth pdf icon PDF 277 KB

An application has been made for a new to premises licence for Caffeine, 44 The Esplanade, Weymouth.  The application has been out to public consultation and has attracted relevant representations. A Licensing Sub-Committee must consider the application and representations at a public hearing. 

 

Additional documents:

Minutes:

The Licencing Officer introduced the application for a new premises licence for Caffeine, 44 The Esplanade, Weymouth. The premises was located within the Cumulative Impact Zone of Weymouth. The applicants had applied for the same licence, which was previously used at this premises, however the previous licence holder did not make full use of the licence and operated the premises as a tearoom. Since the application was made, further mediation had taken place between the applicant, the police, and Environmental Health. The police, Environmental Health and Weymouth Town Council withdrew their representations after the revised conditions and timings were agreed. No other representations had been withdrawn. The Licencing Officer outlined the revised timings for the licence.

 

The Sub-Committee and those making representations were invited to ask questions of the Licencing Officer.

 

The Solicitor for the Applicant was given the opportunity to put forward their case. He drew the Sub-Committee’s attention to the Supplement in which he had compiled all the conditions which had been agreed and not agreed. He outlined and provided further information on some of the conditions. He explained that the premises would be upmarket, aimed at over 25-year-olds, and would not be very cheap. There would be a downstairs cocktail bar and the ground floor would be a café. He thought that the updated conditions and timings were more comprehensive and restricted, and therefore would not add to the Cumulative Impact Zone.

 

The Sub-Committee and representees were invited to ask questions of the applicants. Questions related to:

·         Admission or readmission after midnight

·         Smoking and its effects on residents

·         The backgrounds of the applicants

·         The applicants’ knowledge of the Cumulative Impact Zone

·         Consultation with residents and, if granted, listening to residents’ concerns in the future.

·         Door supervisors

·         Music and alcohol at the premises.

 

The Environmental Protection Team Leader was invited to put forward their case. She did not have anything further to add, however was happy to answer any questions. All parties were invited to ask questions and she responded to the questions, confirming that: she was happy with the conditions; secondary smoke would disperse in the outside area; and that there was a noise management plan condition.

 

Members of the public, who had made representations objecting to the application, each were given the opportunity to make their case. The objectors had concerns of loud music affecting their families’ sleep, noise late at night, and smoking. The Sub-Committee asked questions of the objectors. In response to the questions, it was confirmed that flats above the premises were occasionally used as holiday lets and that families were sometimes in these flats.

 

All parties were given the opportunity to sum up their case.

 

Dorset Council’s Senior Lawyer confirmed all relevant points had been addressed and that there was a right of appeal from all parties.

 

150.

Exempt Business

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph x of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press will be asked to leave the meeting whilst the item of business is considered.

 

Minutes:

Proposed by Cllr Fry, seconded by Cllr Lugg.

 

Decision: That the press and the public be excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

 

The Committee retired to make their decision.

 

Decision: To GRANT a Premises Licence with the usual mandatory conditions and the conditions consistent with the Operating Schedule as amended by the Sub-Committee as set out below, to permit the following:

 

Films, Live Music, Recorded Music and Dance (indoors)

Late Night Refreshment (indoors and outdoors)

Supply of alcohol (on and off the premises)

 

 

Sunday to Wednesday

From 08:30 to terminal hour for all regulated entertainment, opening, late night refreshment and supply of alcohol of 23.59 hrs with last sale of alcohol at 2330hrs. 

 

Thursday, Friday, and Saturday

From 08:30 to terminal hour for all regulated entertainment, opening, late night refreshment and supply of alcohol of 0130hrs with last sale of alcohol at 0100hrs.

 

Easter Sunday and the Monday immediately following

From 08:30 to terminal hour for all regulated entertainment, opening, late night refreshment and supply of alcohol at 0130hrs with last sale of alcohol at 0100hrs.

 

Christmas Eve/Christmas Day/Boxing Day and New Year’s Eve

From 08:30 to terminal hour for all regulated entertainment, opening, late night refreshment and supply of alcohol at 0130hrs with last sale of alcohol at 0100hrs.

 

Conditions consistent with the Operating Schedule as amended by the Sub-Committee

 

  • All staff working at the premises concerned with the sale of alcohol shall be trained in accordance with an accredited training scheme on the law relating to prohibited sales, the age verification policy adopted by the premises, drug awareness   and the conditions attaching to the premises licence 

 

  • All front of house staff to be trained to Level 2 Award in Conflict Management. 

 

  • Refresher training shall be provided at least once every 6 months.  A record shall be maintained of all staff training and that record shall be signed by the person receiving the training and the trainer.  The records shall be kept for a minimum of 12 months and made available for inspection by police, licensing or other authorised officers.

 

  • A refusals book shall be maintained and shall be checked and signed by one of the management staff on a weekly basis. The refusals book shall be kept on the premises and made available for inspection by Licensing, Police and other authorised officers.

 

  • An incident log shall be kept at the premises. The log shall include the date and time of the incident and the name of the member of staff who has been involved.  and made available on request to an authorised officer of the Council or the Police, which shall record the following:
    • any complaints received
    • any incidents of disorder
    • any faults in the CCTV system / or searching equipment /or scanning equipment
    • any refusal of the sale of alcohol
    • any visit by a relevant authority or emergency service
    • all crimes  ...  view the full minutes text for item 150.