Agenda item

An application has been made for a new premises licence at Nina’s Bistro, 1 West Street, Wareham.  The application has been advertised in accordance with regulations and has attracted a relevant representation. A Licensing Sub Committee must consider the application and representations at a public hearing.

The Senior Licensing Officer introduced the application for the sale of alcohol (on the premises) Monday to Sunday from 10 am to 10 pm. Dorset Police had requested that conditions be added to any licence granted. The applicant agreed to these conditions.

 

Ms Sofian, the applicant informed the Sub-Committee that the premises would not be open every day until 10 pm but had applied for that time in order to have more flexibility. The premises was a very small bistro that used to be a bakery before and was not noisy and did not have any live music or television screens. It would have small speakers connected to a phone and only wine and beer would be sold.

 

Ms Gatehouse from Dorset Police made the Sub-Committee aware that she had been in contact with the applicant, who had been happy to agree to the conditions put forward.

 

All parties were given the opportunity to have their say and sum up.

 

Decision 

 

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

 

Supply of alcohol (on the premises)  

Monday to Sunday 10:00-22:00 hours 

 

Hours premises open 

Monday to Sunday 10:00-22:00 hours 

 

Mandatory Conditions 

 

1.     Designated Premises Supervisor 

No supply of alcohol may be made under this premises licence – 

(i)     at a time when there is no designated premises supervisor in respect of the premises licence, or 

(ii)    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 this premises licence must be made or authorised by a person who holds a personal licence. 

 

3.     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 alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of 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 licences 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 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)    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 the 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. 

 

Conditions Consistent with the Operating Schedule and Conditions Added by the Sub-Committee 

 

• Fire extinguishers will be sited in the dining room and in the kitchen. 

 

• Challenge 25 shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport, or holographically marked PASS scheme identification cards. Appropriate signage advising customers of the policy shall prominently displayed in the premises.  

 

• A Closed-Circuit Television (CCTV) system will be operational at the premises at all times when licensable activities are being carried out and at any other times when members of the public are present on the premises. The CCTV system will contain the correct time and date stamp information and will have sufficient storage retention capacity for a minimum of 28 days of continuous footage. Weekly checks will be made and documented to ensure the system is functioning as required and all details are correct, including the time and date shown. CCTV shall be downloaded on request of the Police or authorised officer of the council. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times when the premises is open to the public. Appropriate signage advising customers of CCTV being in operation, shall be prominently displayed in the premises. 

 

• All staff involved in the sale of alcohol shall receive training on the Licensing Objectives, the law relating to prohibited sales, the age verification policy adopted by the premises and the conditions attached to the Premises Licence. Refresher training shall be provided at least once every six months. A record shall be maintained of all staff training and that record shall be signed and dated 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 log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the Council at all times whilst the premises is open.  

 

• The DPS will ensure that an incident report register is maintained on the premises to record incidents such as anti-social behaviour. The incident report register will be kept on the premises and produced for inspection immediately on the request of an authorised officer or Police. The register will be checked and signed on a weekly basis by management. 

 

 • After 1700hrs, alcohol shall only be served to patrons who are sitting to eat.