Agenda item

An application has been made for a new premises licence for Unit A Market Hall, 2 Crown Square, Poundbury, Dorchester. The application has been out to public consultation.  Representations have been received. A Licensing Sub-Committee must therefore consider the application and representations at a public hearing.  

The Senior Licensing Officer outlined the application which was for the sale of alcohol on and off the premises Monday to Sunday 9am to 11pm. Dorset Police had made representations requesting conditions be added to any licence granted, and three members of the public had made relevant representations relating to the potential for crime, anti-social behaviour and noise. Representations relating to need for the premises, planning matters, lease arrangements or Poundbury stipulations were not relevant to the determination of the application.

 

The applicant Mr Angelo Fichera and Mr Tony Hannan who owned the gallery, explained that there was no intention to operate as a wine bar or music venue. They explained that using the term wine bar in their application was a mistake. They wanted to occasionally serve wine and beer with snacks/canapes when exhibitions were taking place. Generally, the events would be ticket only for invited guests, members of the public would not be able to walk in and buy a drink. The food would be brought to the premises by a catering company, not prepared at the premises. In terms of music, they might have a baby grand piano or violin but no speakers and small local artists. They had agreed to all the conditions proposed by Dorset Police. In response to questioning, they stated that they might have up to 40 events per year with around 60 staff/guests.

 

Mr Nigel Swettenham addressed the Sub-Committee stating that the application was for a wine bar seven days a week, which did not comply with the basic rules of Poundbury or the terms of the lease. Even if the current owners did not cause any problems a different occupier might operate it as a wine bar. Mr Swettenham referred to the wine bar opposite where the music was sometimes noisy, but only a handful of people went there. He was concerned about noise transmission and the behaviour of people who had been drinking in the premises. Although there was a review process he didn’t want to get to a situation where that was necessary and asked the Sub-Committee to reject the application.

 

Decision

 

To GRANT the Premises Licence with the usual mandatory conditions, the conditions consistent with the Operating Schedule outlined in the officer’s report and the conditions requested by Dorset Police.

 

a.      The following Mandatory Conditions:

Annex 1 - Mandatory Conditions

 

1.    Supply of Alcohol (s19(2)&(3))

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

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

(b)  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—

(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.

 

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.

 

b.             Conditions requested by Dorset Police:

 

1.             The premises shall install and maintain a CCTV system. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 28 days with correct date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 28-day period. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested. CCTV shall be downloaded on request of the Police or authorised officer of the council. Appropriate signage advising customers of CCTV being in operation, shall be prominently displayed in the premises. A documented check of the CCTV shall be completed weekly to ensure all cameras remain operational and the 28 days storage for recordings is being maintained.

 

2.             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 be prominently displayed in the premises.

 

3.             All staff involved in the sale of alcohol shall receive training on the law relating to prohibited sales, the age verification policy adopted by the premises and the conditions attaching to the premises licence. 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.

 

4.             A Personal Licence Holder shall be on site at all times when alcohol sales are taking place.

 

5.             An incident log shall be kept at the premises. The log should include the date and time of the incident and the name of the member of staff involved. The log to be made available immediately on request to an authorised officer of the Council or the Police, which will record the following: • All crimes reported to the venue • All ejections of patrons • Any complaints received • Any incidents of disorder • All seizures of drugs or offensive weapons • 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.

 

6.             The holder of the licence shall undertake a risk assessment with regard to the deployment of SIA Door Supervisors at different times of the day and on different days of the week to determine whether it is appropriate to deploy door staff on those days and/or at any other time(s) and to then implement the outcome of the risk assessment. A copy of the risk assessment should be made available to an authorised officer of the Licensing Authority or Dorset Police upon request and for a period of up to 6 months. Only Door Supervisors who are accredited by the Security Industry Authority (SIA) shall be employed to undertake door supervision activities. When deployed, a record shall be maintained on the premises by the Door Staff. The record will contain consecutively numbered pages, the full name and full 16-digit registration number of each person on duty, the employer of that person and the date and time he/she commenced duty and finished duty (verified by the individual’s signature). The record will be retained on the premises for a period of twelve months from the date of the last entry and made available to an authorised officer from the Licensing Authority or Police on request.

 

c.              Conditions consistent with the Operating Schedule:

 

7.       All staff will receive comprehensive training in responsible alcohol sales, safeguarding, customer service, emergency procedures, and how to handle incidents. Refresher training will be provided regularly.

8.       Written policies and procedures will be in place covering alcohol sales, noise management, fire safety, and customer behaviour.

9.       Any incidents involving, antisocial behaviour, accidents, or safeguarding concerns will be recorded in an incident log, which will be made available to responsible authorities on request.

10.     Regular checks of safety equipment, escape routes, sound levels, and customer welfare will be conducted and documented.

11.      Waste on the frontage of the premises will be managed and the area kept tidy. Adequate lidded bins will be provided and emptied regularly. Litter checks will be conducted routinely.

12.     Collection of glasses from external areas (such as under the portico) will take place only between 8:00am and 6:00pm to minimise noise disturbance.

13.     A designated smoking area will be provided outside the premises. Customers will be reminded to keep noise to a minimum while using this area. Cigarette disposal bins will be provided and regularly emptied. The smoking area will be monitored by staff to ensure it is used respectfully and safely.

14.     Clear and respectful signage will be placed at all exits, reminding customers to leave the area quietly and to respect the needs of our residential neighbours

15.     A direct contact method (such as a dedicated phone number) will be provided for local residents to reach the duty manager with any concerns or complaints, ensuring timely resolution.

16.           Children under 18 will only be permitted on the premises when accompanied by a responsible adult and only until 9:00pm, unless attending a family-friendly art-related event specifically designed to include children.