Agenda item

An application has been made for a new premises licence for 55 Cheap Street, Sherborne, Dorset, DT9 3AX. 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 Licensing Officer outlined the application for 55 Cheap Street. The application included live music indoors on New Years Eve between 23:00 and 02:00, recorded music on New Years Eve between 23:00 and 02:00, late night refreshments for indoors and outdoors Monday to Sunday between 23:00 to 00:00 and New Years Eve 23:00 to 02:00, and Alcohol sales on and off the premises from 22:00 to 00:00 and New Years Eve 22:00 to 02:00. There were no representations from responsible authorities. There were eight relevant representations made from members of the public.

 

Jeena Khela, Solicitor for the applicant, introduced the background to the service. It was understood that the objections may be misrepresentative of the service that will be provided and referred to the information pack. The business was a food establishment and have over 300 informal café/bars across the country that are family friendly. A community feel is generated from the shop. From their statistics the post dinner/drinking parts of the evening were the least busy times. They were prideful of the varied menu that the lounge provides and explained that there was huge emphasis on staff engagement with the local agreement. Teams would engage and speak to local businesses and research the history to consider local needs so that each lounge is specific to the area they are based. Their staff were encouraged to work with local charities; an example was given where they provided 50p per burger/coffee sale to a local charity. There was an initiative called chatty café for specific age groups to be encouraged to come together. Places where local sports teams do not have a place to go would be provided a space. Explained Lounge aid as a fundraising event that works with a local charity over two months.

 

They appreciate some want a reduced time for alcohol sales, the reason for the 00:00 license was to cover all bases even though they will most likely end sales at 23:00. They stated the application covers all the licensing objectives,  the Police were the experts regarding crime and disorder and they had not submitted any objections to the application. Objections were noted regarding the need for such a premises but that is not a concern for the application. It was raised that an objector referenced an issue with glasses outside, however there was no license for outdoor drinking on this application, and patrons would not be allowed outside with glasses. A strict challenge 25 policy would cover the issue of proximity to the local school and is in effect across all lounges with training provided to prevent this risk. There was no evidence of other branches experiencing antisocial behaviour. The national licensing policy Nov 25 emphasised that there was a real need for licences to support business investment. The addition of this new venue would be an asset providing employment to the area.

 

Grant, Operation Manager for Somerset Area, included that all teams across 300 stores were active and engaged with the community and they were looking to do that in Sherborne. They believed they could make a massive impact in the community by being a hub for the community.

 

Responses to Councillor questions:
 - The Operations Manager answered that he had been with lounge for ten years, and that the positive impact on the street would drive more footfall and encourage the opening of new stores should they thrive.
 - They try to employ 20-30 people initially but would also engage with the local job centre.
 - It was explained that during the week last orders would be at 23:00.
 - Waste glass would not be out before 8:00am or after 8:00pm.
 - Closing times in other areas was 23:30.
 - Were open to having a closing time of 23:00 Sunday to Thursday, but would have preferred a later time on Friday and Saturday which was something that could be added should the panel agree.
 - Other licenses regarding alcohol sales held by the applicant have started at 10:00 and have not had any experience of problems that early.
 - The store would be something unique as they are different from other places on the high-street and believed that they would not take trade away from neighbouring businesses.
 - Communication between the public and the team is regular to put people at ease and concerns would be addressed. Details could be put on Facebook which would allow contact with their headquarters. There would also be a phone available for staff to answer with numbers available on their website.

 

The Clerk for Sherborne Town Council was concerned that the community did not have a significant drinking culture but welcomed the community initiatives and the prospect of new employment. The Town Councils primary objection was on the late-night refreshments and closure time as they were mindful of people attending the facility and its location in the centre of Cheap Street.

 

Decision

 

To GRANT the Premises Licence with amended timings for the sale of alcohol to Sunday to Thursday 10:00 to 23:00 hrs and Friday and Saturday 10:00 to midnight, late night refreshment for Friday and Saturday 23:00 hrs to midnight, together with the usual mandatory conditions, conditions consistent with the Operating Schedule and the conditions added by the Sub-Committee.

 

The licensable activities permitted under this Premises Licence are:

 

Licensable Activity	Days and Hours		Place
Sale of alcohol                 Recorded Music     Live Music     Late Night Refreshment	Sunday to Thursday   Friday and Saturday   New Year’s Eve	10:00 – 23:00 hrs   10:00 - midnight   23:00 – 02:00 hrs	On and off the Premises               Indoors     Indoors
	New Year’s Eve     New Year’s Eve     Friday and Saturday   New Year’s Eve	23:00 – 02:00 hrs   23:00 – 02:00hrs   23:00 - midnight   23:00 - 02:00 hrs

 

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:

 

7.         The premises licence holder shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. 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 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31day 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 are open. This staff member must be able to provide a Police or authorised officer of the Licensing Authority copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

 

8.         An incident log shall be kept at the premises and made available on request to an authorised officer of the Licensing Authority or the Police. It must be completed within 24 hours of the incident and will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

 

9.         Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

10.      The premises shall only operate as a cafe, restaurant and bar. Waiter/waitress service will be available to patrons at all times.

 

11.      The premises licence holder will ensure that an age verification policy will apply to the premises whereby all staff likely to be involved in the sale or supply of alcohol will be trained to ask any patron attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form or method of identification that complies with any mandatory condition that may apply to this licence.

 

12.      A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the identity of the member of staff who refused the sale. The record shall be available for inspection at the premises by the Police or an authorised officer of the Licensing Authority at all times whilst the premises are open.

 

13.      There must be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.

 

Conditions Added by the Sub-Committee

 

14.      Activities relating to the onsite disposal of glass (including placing into external receptacles) and bottles and recyclable materials shall only take place between 0800-2000 hours.

15.      A direct telephone number and email address for the manager at the premises shall be publicly available at all times the premises is open.