Agenda item

An application has been made for a new premises licence for 4 St Edmund Street, Weymouth, Dorset, DT4 8AR. 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 addressed the Sub-Committee. The application was for a new premises licence which was brought before the Sub-Committee due to objections being made. Details of the application were provided and it was explained that any conditions involving live music would only apply outside of the hours between 0800 and 2300, due to the Live Music Act 2012 allowing amplified music within these hours under certain conditions. The conditions proposed by Dorset Police had been agreed to by the applicant and Weymouth Town Council had no objections to the application.

 

Mr Burton outlined the case for a premises licence to be granted. He explained that the proposed business would be a music café that would mainly play music on vinyl records, with occasional live acoustic music. It was stated that the café would not be a late-night music venue and the type of music played would encourage customers to leave gradually towards the end of the evening. There was no planned seasonal variation in opening hours apart from New Years Eve, where the venue would operate extended hours. It was also stated that the applicants had significant experience in managing licensed premises and operated another late-night venue in Weymouth without issues.

 

In response to questions from members and other parties present, Mr Burton provided the following responses:

·       The primary focus of the café would be playing music rather than alcohol consumption.

·       The applicants had run a separate licensed premises in Weymouth since 2012 and prior to that had managed a pub and hotel, so had extensive experience working in licensed premises.

·       The proposed café would provide a new and different offering within Weymouth.

·       The exact capacity of the café would be determined by fire and safety guidelines; however the café would have a policy requiring customers to wait before being seated.

·       The proposed café would choose music with the opening and closing hours in mind, with a more relaxing atmosphere being curated towards closing time.

·       Live music would be occasional and would consist of a guitar or piano with a singer.  

·       The volume levels of music would be controlled by the management present on site and would be monitored in real time.

·       The applicants didn’t believe it necessary to include a Noise Management Plan due to the robust conditions already agreed to.

 

Mr Shearing addressed the Sub-Committee. He stated that most of the points that had been raised by Respect Weymouth had been addressed through the statement and subsequent answers by the applicant and that having heard the details of the proposed café no longer objected to the licence being granted.

 

The Environmental Health Team Leader confirmed that the proposed condition about ensuring the inner doors were closed after 2300 hours only applied to live music and not recorded music.

 

Decision

 

To grant the Premises Licence ,with the usual mandatory conditions, the conditions consistent with the Operating Schedule and requested by Dorset Police and Environmental Protection.

 

The Premises Licence is subject to:

 

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.

 

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

 

7.       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.

 

8.       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. Images of ID on mobile devices will not be accepted.

 

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.       A comprehensive CCTV system will cover all customer areas, including entrances and exits. 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 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 or contactable 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.      There shall be a written drugs policy detailing the actions to be undertaken to minimise the opportunity to use or supply illegal substances within the premises. Training of staff in relation to this policy shall be recorded and available for inspection by an authorised officer at all reasonable times. Records shall be retained for at least 12 months.

 

13.      The use of polycarbonate/plastic drinkware will be risk assessed during anticipated busy periods.

 

14.      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.

 

15.      A dispersal policy shall be adopted by the premises to ensure minimum disruption from customers to neighbouring properties.

 

16.      All off sales of alcohol shall be made in plastic containers. No glass shall be taken from the premises.

 

17.      A procedure for dealing with unwell members of the public will be in place including those who appear to be affected by alcohol or drugs. Staff will be appropriately trained in such procedures.

 

18.      When customers leave the premises to smoke outside, they will not be permitted to take drinks out with them.

 

19.      The licence holder shall erect and maintain clear and prominent notices displayed at all exits requesting the public to respect the needs of residents and to leave the premises and the area quietly.

 

20.      There will be no disposal of glass and bottles between the hours of 2200 and 0800 hours.

 

21.      When live music takes place inside the premises, the fixed inner porch door and windows will be kept shut, maintaining a physical barrier to music and the outside.