Agenda item

An application has been made for a new premises licence for 31 Dorset Street, Blandford, Dorset. The application has been out to public consultation.  As objections have been received, a Licensing Sub-Committee must consider the application and representations at a public hearing. 

The Senior Licensing Officer introduced the report. The premises was a residential dwelling where the applicant intended to create alcoholic products for delivery only. Following representations made by members of the public, the Application had been amended Monday to Saturday, 9.30 am to 2.30 pm, with only two delivery times per day at 10 am and 2 pm.  

 

Mr Barker spoke on behalf of the applicant. He explained that he wanted to make cocktails at the premises and deliver the cocktails to the customer. He was aware of the importance of verifying the age of the purchaser and would not deliver to someone where proof of age could not be verified. The alcohol would be put in a delivery bag so children would not be able to see it. There was no intention to sell from the premises in order to reduce disruption.  

 

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

 

Decision:  

 

To GRANT a Premises Licence with the usual mandatory conditions and the conditions consistent with the Operating Schedule as set out below: 

 

The Premises Licence is subject to the following:  

  

Mandatory Conditions:   

  

1. Supply of Alcohol (s19(2) & (3)) 

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

at a time when there is no designated premises supervisor, or 

at a time when the designated premises supervisor does not hold a personal licence or his personal licence has been suspended. 
 
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. 
 
2.(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. 
 
 

3. 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. 

  
4. For the purposes of the condition set out in paragraph 3—  
 
(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—  

P is the permitted price,  

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.  

 

5.  Where the permitted price given by Paragraph (b) of paragraph 4 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.  

 

6.  (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 4 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: 

  

7. Closed Circuit Television (CCTV)  

  

(1) There will be comprehensive CCTV coverage at the premises, which is operated and maintained at the premises.   

  

(2) A Closed-Circuit Television (CCTV) system will be operational at the premises at all times when licensable activities are being carried out.  

  

(3) The CCTV system will cover the main entrance/s and exit/s and designated emergency egress routes from the premises. 

  

(4) The CCTV system will contain the correct time and date stamp information.  

  

(5) The CCTV system will have sufficient storage retention capacity for a minimum of 31 days’ continuous footage.  

  

(6) A designated member/members of staff at the premises will be authorised to access the CCTV footage and be conversant with operating the CCTV system.  At the request of an authorised officer of the Licensing Authority or a Responsible Authority (under the Licensing Act 2003) any CCTV footage, as requested, will be downloaded immediately or secured to prevent any overwriting. The CCTV footage material will be supplied, on request, to an authorised officer of the Licensing Authority or a Responsible Authority with the absolute minimum of delay.  

  

(7) The CCTV system will be adequately maintained and be capable of transporting recorded material onto a removable media.  

  

8. All Off Sales will be made via delivery only.   

  

9. No member of the public will have access to the premises to purchase licensable products.  

  

10. There will be only two times within the licensable hours that deliveries can be made. This will be at 10:00 and 14:00, every delivery at these times will be recorded. This information will be supplied, on request, to an authorised officer of the Licensing Authority or a Responsible Authority with the absolute minimum of delay.  

  

11. The Licensee will adopt a "Challenge 25" policy where all customers who appear to be under the age of 25 and attempt to purchase alcohol or other age-restricted products are asked for proof of their age. The Licensee to prominently display notices advising customers of the "Challenge 25" policy. The following proofs of age are the only ones to be accepted: 

• Proof of age cards bearing the "Pass" hologram symbol 

• UK Photo Driving licence 

• Passport 

Challenge 25 will be incorporated into the delivery service at all times 

 

12. All staff concerned in the sale or supply of alcohol shall undergo training for such duties prior to the sale of alcohol by the staff member. Training records will be retained at the premises or at the offices of the licence holder for a minimum period of 12 months from the date of training. 

13. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale, a description of the person refused, why they were refused (e.g. no ID, fake ID) 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 a Responsible Authority (Licensing Act 2003).