Agenda item

An application has been made for a variation of the premises licence for 8 Copper Street, Brewery Square, Dorchester. 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 outlined the application which was for a variation of a premises licence for 8 Copper Street, Brewery Square, Dorchester to extend the hours of alcohol sales and allow films to be shown on the premises. Three representations had been received from members of the public objecting to the application, and four representations had been received in support of the application.

 

Mr Burrell addressed the sub-committee on behalf of the applicant. He stated that most noise and anti-social behaviour in the area comes from the train station opposite to the premises rather than the premises itself and that signage could be installed to ask customers to be respectful of neighbours when leaving the premises. It was understood that some neighbours had objected to the application, however he explained that some residents had expressed support for the application and enjoyed the mix of commercial and residential use in Brewery Square. The business was committed to running a well organised and respectful establishment and the later opening hours on Monday, Tuesday and Wednesday would rarely be used and likely only in the case of there being a specific event on those days. In addition, the application would allow the business to avoid using Temporary Event Notices in the future when they wish to operate outside of their usual hours.

 

In response to questions from members the applicant provided the following responses:

·       In the event of noise complaints, the business works with the management of Brewery Square and in the past has attempted to conduct noise assessments from neighbouring properties but has been refused access.

·       There were two events held a year where speakers were used outside, and these were covered by a Temporary Event Notice.

·       The venue could hold a maximum of 40 people inside.

·       The business had consulted with Environmental Health and had a noise management plan in place.

 

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

 

Decision: To VARY the Premises Licence as applied for to permit the following:

 

Sale of Alcohol (on and off the premises)

Monday to Saturday                                         1000-2300 hours

Sunday                                                  1200-2230 hours

Christmas Eve and New Years Eve                  1200-0100 hours

Sundays preceding Bank Holidays Monday       1200-0100 hours

 

Films (indoors)

Monday to Saturday                               1200-2300 hours

Sunday                                                  1200-2230 hours

 

To remove the condition which reads, ‘There will be no external loudspeakers’ and replace it with, ‘External loudspeakers will only operate on weekends proceeding a bank holiday and will be monitored for noise levels in accordance with guidelines from Environmental Health’.

 

The Premises Licence as varied will therefore read as follows:

 

Sale of Alcohol (on and off the premises)

Monday to Saturday                                         1000-2300 hours

Sunday                                                  1200-2230 hours

Christmas Eve and New Years Eve                  1200-0100 hours

Sundays preceding Bank Holidays Monday       1200-0100 hours

 

Films (indoors)

Monday to Saturday                               1200-2300 hours

Sunday                                                  1200-2230 hours

 

 

Opening Hours

Monday to Saturday                               1000-2300 hours

Sunday                                                  1200-2230 hours

Non-standard timings

Christmas Eve and New Years Eve                  1200-0100 hours

Sundays preceding Bank Holidays Monday       1200-0100 hours

                    

 

Appendix 1. MANDATORY CONDITIONS 

 

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014. 

 

 

1.       Designated Premises Supervisor 

No supply of alcohol may be made under this premises licence - 

(i)       at a time when there is no designated premises supervisor in respect of the premises licence, or 

(ii)       at a time when the designated premises supervisor does not hold a personal licence or their personal licence is suspended. 

 

2.       Every supply of alcohol under this premises licence must be made or authorised by a person who holds a personal licence. 

 

3(1).   The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. 

 

3(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. 

 

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 in a manner which carries a significant risk of undermining a licensing objective; 

 

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 or less in a manner which carries a significant risk of undermining a licensing objective; 

 

d)       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. 

 

e)       dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability). 

 

4.       The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available. 

 

5.       (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 licences 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. 

 

6.       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 a glass: 125 ml; and 

 

(b)  these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and  

 

(c)  where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available. 

 

Minimum Drinks Pricing 

 

1.       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. 

 

2.       For the purposes of the condition set out in paragraph 1 - 

(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. 

 

3.       Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the 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.

 

4.       (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 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. 

 

If the Premises Licence allows Exhibition of Films

 

1. Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

 

2. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation by that body.

 

3. Where

 

(a)  The film classification body is not specified in the licence, or

(b)  The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

 

4. In this section “children” means any person aged under 18; and “film classification body” means the person or persons designated as the authority under Section 4 of the Video Recordings Act 1984 (c39) (authority to determine suitability of video works for classification)

 

APPENDIX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

 

 

 

 

 

Crime and disorder

 

A Supervisor’s Register will be maintained at the licensed premises, showing the names, addresses and up-to-date contact details for the DPS and all personal licence holders.

The Supervisors Register will state the name of the person who is in overall charge of the premises at each time that licensed activities are carried out, and this information will be retained for a period of twelve months and produced for inspection on request to an authorised officer.

 

Security staff/designated supervisors will be familiar with the premises policy concerning the admission, exclusion and safeguarding of customers whilst in the premises.

 

The PLH/DPS will ensure that an Incident Report Register is maintained on the premises to record incidents such as anti-social behaviour, admissions refusals and ejections from the premises.

 

The Incident Report Register will contain consecutively numbered pages, the date time and location of the incident, details of the nature of the incident, the names and registration numbers of any door staff involved or to whom the incident was reported, the names and personal licence numbers (if any) of any other staff involved or to whom the incident was reported, the names and numbers of any police officers attending, the police incident and / or crime number, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident.

 

The Incident Report Register will be produced for inspection immediately on the request of an authorised officer from the Licensing Authority or Police.

 

The PLH/DPS staff will ask for proof of age from any person appearing to be under the age of 21 who attempts to purchase alcohol at the premises.

 

The PLH/DPS staff will ask for photographic identification in the form of either a passport, EU photographic driving licence or PASS accredited identification, from any person appearing to be under the age of 21 who attempts to purchase alcohol at the premises.

 

A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale, a description of the person refused, why they were refused (e.g. no ID, fake ID) and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of a Responsible Authority (Licensing Act 2003).

 

The DPS/PLH and staff will ensure that a safe clean environment at all times suitable for minors together will strict policies on anti-social behaviour when children are present.

 

Abusive and violent behaviour will result in banning and ejection from the premises together with the completion of the incident report.

 

Public safety

Written records of all accidents and safety incidents involving members of the public and/or staff will be kept. These will be made available at the request of an authorised officer.

 

A suitably trained and competent person must ensure monthly safety checks of the premises, decorative and functional fixtures, floor surfaces and equipment (including electrical appliances) to which the public may come into contact are undertaken. Records of these safety checks must be kept and made available for inspection by an authorised officer.

 

Electrical installations will be inspected on a periodic basis (at least every 3 years or at a frequency specified in writing) by a suitably qualified and competent person. Inspection records/certificates will be kept and made available at the request of an authorised officer. If used, any temporary electrical wiring and distributions will also be inspected. Inspection records/certificates will be kept. These will be made available at the request of an authorised officer.

 

A written spillage policy will be kept to ensure spillages are dealt with in a timely and safe manner. All staff will be made aware of the policy.

 

The DPS/PLH/Supervisors shall regularly attend Pubwatch meetings to ensure communications from authorities are maintained.

 

Prevention of public nuisance

 

Noise from a licensable activity at the premises will be inaudible at the nearest noise sensitive premises.

 

External loudspeakers will only operate on weekends proceeding a bank holiday and will be monitored for noise levels in accordance with guidelines from Environmental Health.

 

Bottles will not be placed in any external receptacle after 23.00 hours and before 07.00 hours to minimise noise disturbance to neighbouring properties.

 

No deliveries to the premises shall be arranged between 23:00 hours and 07:00 hours.

 

All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

Noise from plant or machinery will be inaudible at the nearest noise sensitive premises during the operation of the plant or machinery. Plant and machinery will be regularly serviced and maintained to meet this level.

 

No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.