Agenda item

An application has been made to review the club premises certificate for the Royal British Legion, Corfe Mullen, Dorset. The application has been out to public consultation and representations have been received. A Licensing Sub-Committee must consider the application and representations at a public hearing. 

The Licensing Team Leader addressed the Sub-Committee. The application was to review the premises licence which brought before the Committee due to noise and mainly due to soundchecks and post event dispersal. Both Parties last week reached a position, and a set of conditions was agreed by both parties and published as supplementary information. She covered the agreed conditions, and she explained the effect of a temporary event notice (TEN) and the circumstances in which conditions could be added to a TEN, namely that a representation would first have to be made by the Police or Environmental Protection.

 

Professor Roy Light, Counsel for the applicant addressed the Sub-Committee. He was delighted that an agreement had been reached.[AP1]  In negotiating the agreement, they had looked at the Council’s policy which required the impacts on local residents, the licence holder and users of the premises to be considered and they had worked really hard to get that balance right.  He said that the applicants recognised the Club was a valuable community asset and did not want it to be closed or for the Licence to be taken away but for a balance to be struck around late night/early morning opening.  He said that they considered that the proposed conditions were appropriate and reasonable in accordance with the licencing objectives.

 

Philip Day, Solicitor for the Club, addressed the Sub-Committee. He said the Club was relieved that an agreement had been reached on this long running matter.  He said the majority of proposed conditions had already been implemented by the Club and the agreement reached would formalise those.  He said there had been a couple of sticking points towards the end of last week and was grateful to the Licensing Team Leader for her help in resolving those.

 

In response to questions, the senior lawyer advised that the Sub-committee was not bound to follow the agreement reached by the parties but if it was minded to reach a different decision it should seek the parties view on other options it was considering.

 

Decision: To VARY the times when Qualifying Club Activities can take place to:

 

Exhibition of films (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Indoor sporting events

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Performance of live music (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Playing of recorded music (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Performance of dance (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Entertainment of a similar description to the above (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Provision of facilities for making music (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

Provision of facilities for dancing (indoors)

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

The supply of alcohol by or on behalf of a Club or to the order of a member of the club for consumption on and off the premises

Monday – Sunday 0800 – 2300 hours and

New Year’s Eve 0800 – 0100 hours (on 1 January)

 

To add the following conditions to the Club Premises Certificate

 

1. A refusal log will be kept at the Premises and be maintained by the Club to record the refusal of alcohol to underage or intoxicated persons. The details collated will include a description of the individual refused, the date and time, the details of the product refused, the reason for refusal and the name of the staff member. The log shall be kept for a minimum of 12 months and made available for inspection by authorised persons on request.

 

2. The Club will maintain an incident log, to be kept at the Premises, to record details of any complaints, refusals of entry, ejections, or incidents of disorder or disturbance at the Premises. The log shall be kept for a minimum of 12 months and made available for inspection by authorised persons on request.

 

3. The Club will post on the website a named point of contact, including telephone number, so that local residents can report any noise issues or other complaints directly to the Club.

 

4. The Club is responsible for ensuring that patrons and the public vacate the Premises by 23:30 hours, save for when the Club is operating under a TEN and/or on New Year’s Eve. On New Year’s Eve the Premises must be vacated by 01.30 hours.

 

5. Prominent, clear notices shall be displayed at all exit and entrance points at the Premises saying “Please respect our neighbours and leave the club quietly”.

 

6. From 22:00 hours onwards when qualifying club activities are being carried on, a staff or Committee member of the Club shall actively monitor and discourage loitering or congregation in the area immediately outside the front of the premises and ensure that people leave the Premises pursuant to condition 5 above.

 

7. No outside seating to be placed at the front of the Premises.

 

8. The front of the Premises will display no smoking notices and the smoking areas shall be located to the northeastern side of the building and the beer garden to the rear of the building.

 

9. No deliveries or waste collections including bottles to be carried out between the hours of 23:00 and 08:00 (the following day).

 

To remove conditions 14, 16, 21 and 22 from the Club Premises Certificate and for the following conditions to remain on the Club Premises Certificate:

 

Mandatory Condition - (Section 74 LA2003)

 

1. Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification body designated as the authority under Section 4 of the video Recordings Act 1984.

 

2. Where the film classification body is not specified or the relevant licensing authority has notified the club which holds the certificate under Section 74 (3)(b) of the Licensing Act 2003, the admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.

 

3. (1)The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children –

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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

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 of less;

d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on

i. the outcome of a race, competition or other event or process, or

ii.the likelihood of anything occurring or not occurring;

e) 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.

 

4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

6. (1) The premises licence holder or club premises certificate holder shall ensure that

an age verification policy applies to the premises in relation to the sale or supply of alcohol.

(2) 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 a holographic mark (comes into force on the 1st October 2010).

 

7. 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 glass: 125 ml; and

b) customers are made aware of the availability of these measures (comes into force 1st October 2010).

 

Mandatory Conditions - (Embedded Restrictions) - Attached as part of Conversion Application under Transitional Grandfather Rights

 

8. Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied with and for consumption at a meal supplied at the same time, consumed with the meal, and paid for together with the meal.

 

9. The abovementioned restrictions on the times permitted to supply alcohol do not prohibit the supply to, or consumption by, any person of alcohol in any premises where they are residing.

 

10. The supply of alcohol for consumption off the premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the certificate, to members of the club for the consumption on the premises.

 

11. The alcohol supplied for consumption off the premises must be in a sealed container.

 

12. The supply of alcohol for consumption off the premises must be made to a member of the club.

 

13. The licensee shall have regard and comply with any relevant provisions of the following enactments during any licensable activities taking place on the premises:-

a. Cinematograph (Safety) Regulations 1955

b. Sporting Events (Control of Alcohol Etc) Act 1985

 

Conditions Consistent with the Club Operating Schedule - Attached as part of Variation Application

 

14. The premises burglar system shall be used at all times when the premises is not in use.

 

15. A first aid box shall be available at all times.

 

 

16. The car park shall be adequately lit at times of darkness.

 

17. Members shall be made aware they should leave quietly by ways of verbal announcements and written notices near exits.

 

18. All children shall be accompanied by an adult at all times.