Agenda item

An application has been made for a new premises licence for SC4 Kiosk opposite Marks and Spencer, Weymouth Beach, The Esplanade, Weymouth. 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 Team Leader outlined the application which was for the sale of alcohol from March to September each year on and off the premises, Monday to Friday 10:00 hrs to 22:30 hrs, Saturday 09:30 to 22:30hrs, Sunday 10:00 hrs to 22:00 hrs and Bank Holiday Mondays 09:30 to 22:30hrs. Seasonal variations were sought from 1 July to 2 September for Monday to Sunday 09:00 hrs to 22:30 hrs.

Relevant representations had been received from the Ward Councillor and a member of the public relating to the licensing objectives of Prevention of Crime and Disorder and Prevention of Public Nuisance, concerning anti-social behaviour and noise. The Ward member had withdrawn their representation following receipt of further information from the applicant, but the member of the public did not withdraw their representation. The Licensing Team Leader referred to concerns raised relating to CCTV and confirmed that only the premises would be covered and not the wider beach. Issues had also been raised about children in the vicinity of the premises and the use of plastic and glass, which the Applicant had addressed in the Operating Schedule. No responsible authorities made any representations.

Mrs Hall addressed the Sub-Committee on behalf of the Applicant. She explained that she had 20 years of experience in this type of business and took her responsibilities very seriously. She stated that CCTV would be in place, staff would receive appropriate training and Challenge 25 would be in operation. She referred to ensuring that the area was kept clean and tidy with regular removal of litter.  Mrs Hall stated that three members of staff held Personal Licences and she would be happy to have an additional condition on the licence that a personal licence holder had to be on the premises when alcohol was sold.

In response to Cllr questions the applicant explained that there would never be young people under the age of 18 serving alcohol unsupervised at the kiosk. Staff at the end of the day would litter pick and clean up the surrounding area during the day. She explained that she loved Weymouth and had pride in keeping it tidy, and there would be bins on the outside.

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

To GRANT the Premises Licence with the usual mandatory conditions, conditions consistent with the Operating Schedule and the condition added by the Sub-Committee relating to a Person Licence Holder being present when any sale of alcohol is made.

 

The licensable activities permitted under this Premises Licence are:

 

Licensable Activity	Days and Hours		Place
Sale of alcohol	March to September   Monday - Friday     Saturday     Sunday     Bank Holiday Mondays   Seasonal Variations: 1 July to 2 September   Monday - Sunday	10:00 – 22:30 hrs   09:30 – 22:30   10:00 – 22:00 hrs   09:30 – 22:30 hrs           09:00 – 22:30 hrs.	On and off the Premises

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:

 

CCTV

 

        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.

 

Staff Training

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.

 

Challenge 25

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 age verification policy shall be prominently displayed in the premises.

 

Refusals Log

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.

 

Litter

The licence holder shall ensure that adequate measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises.

 

Condition Added by the Sub-Committee

 

A Personal Licence Holder is to be present at the premises at all times during licensing hours.