Agenda item

An application has been made for a new premises licence for Blue Sky Café, 60 The Esplanade, Weymouth, Dorset, DT4 8DE. 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 introduced the application which was for the sale of alcohol on and off the premises, Monday to Sunday, 9am to midnight and recorded music during the same hours. Dorset Police had made representations requesting conditions relating to Challenge 25, staff training, an incident and refusals log and CCTV, be added to any licence granted. Environmental Protection had also made a representation requesting conditions relating to noise and lighting be added to any licence granted. The applicant had agreed to all those conditions. No representations were received from the remaining Responsible Authorities.

 

Mr Newwstead informed that he had a long history of working in the licensed trade including larger high-volume pubs and had never had any issues with the Police or otherwise. He was experienced at dealing with any anti-social behaviour and wanted a safe and comfortable environment for his customers. He wanted to work with the community and not cause any issues. He responded to questions asked by the Sub-Committee that music would not be played often, and he would make sure that the doors would be closed, and noise would not carry. He reassured that the business was a family business which would be embedded within the Community.

 

The parties are reminded that the licence could be subject to review if problems arise in the future.

 

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

 

To GRANT the Premises Licence with a terminal hour of 11pm for the sale of alcohol, with the usual mandatory conditions, the conditions consistent with the Operating Schedule and conditions requested by Dorset Police and Environmental Protection.

 

The licensable activities permitted under this Premises Licence are:

 

Licensable Activity	Days and Hours		Place
Sale of alcohol     Recorded music	Monday to Sunday     Monday to Sunday	09:00 – 23:00   09:00 – 23:00	On and off the Premises   Indoors
Non-Standard Timings/Seasonal Variations: None

 

The Premises Licence is subject to:

 

a.      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 consistent with the Operating Schedule and requested by Dorset Police and Environmental Protection:

 

 

7.     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.

 

8.     Appropriate signage advising customers of the age verification policy shall be prominently displayed in the premises.

 

9.     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.

 

10.   An incident and refusal log shall be kept at the premises. The log should include the date and time of the incident and/or refusal 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: 1. All crimes reported to the venue 2. All ejections of patrons 3. Any complaints received 4. Any incidents of disorder 5. All seizures of drugs or offensive weapons 6. Any faults in the CCTV system 7. Any refusal of the sale of alcohol 8. Any visit by a relevant authority or emergency service.

 

11.    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.

 

12.   No speakers for amplification of music or speech shall be placed on the outside of the premises or on the outside of any building forming a part of the premises. Amplified music or speech shall not be conveyed to the external areas of the premises at sound levels that prevent normal speech from arising, i.e. only background music will be played.

 

13.   A clear notice shall be displayed at every exit from the premises to instruct customers to respect the needs of local residents and leave the premises and the area quietly.

 

14.   Deliveries relating to the licensed activities shall only take place between 08.00hrs and 18.00hrs.

 

15.   Removal of used glassware shall only take place between 08.00 and 18.00hrs into waste bins to prevent noise nuisance.

 

16.   Lights from the premises shall be such that they do not give rise to glow or directional lighting into other premises.

 

17.   As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local pubwatch or other local crime reduction scheme approved by the Police, and local radio scheme if available.

 

18.   The Licence Holder shall implement a written Dispersal Policy to manage customer exit and prevent public nuisance or disorder.