Agenda item

An application has been made for a new Premises Licence for the Cranbourne Hundred, formerly known as the Smugglers Haunt, Ringwood Road, Ferndown. The application has been out to public consultation, and a representation has been received. A Licensing Sub-Committee must consider the application and representation at a public hearing.

The Senior Licensing Officer explained that this was an application for a new premises licence. She said the current licence had been transferred to J D Wetherspoon and will be surrendered. She outlined the application which was for the sale of alcohol from 0800-0030 Sunday – Wednesday and 0800-0100 Thursday to Saturday and for the provision of late-night refreshment 2300-0030 Sunday – Wednesday and 2300-0100 Thursday to Saturday with extended hours on specific days and for both activities on and off the premises. She said that the Police had requested a number of additional conditions which had been agreed with the applicant. She also said that there had been two representations; one from Ferndown Town Council in support of the application; and one from a member of the public objecting on grounds that the increased hours were likely to increase noise and disturbance in the neighbourhood.

 

The Sub-Committee was addressed by Ms Doyle, Solicitor for the Applicant.

She explained that the application was for a new Premises Licence in respect of premises acquired by J D Wetherspoon plc in June 2006, which would operate under the name The Cranborne Hundred. The application sought authorisation for the licensable activities until 12:30 am Sunday – Wednesday and unill 1am on other days. Ms Doyle advised that Wetherspoon was at the forefront of developments within the licensed trade and had extensive experience in the operation of public houses. She described the premises as a traditional Wetherspoon pub, with a main customer area, toilet facilities, a lobby entrance and an extended seating area appropriate to its town centre location.

 

The Sub-Committee was informed that the premises would be family friendly and would cater for a broad range of customers rather than attracting any particular clientele. Ms Doyle noted that the company did not operate happy hour promotions and that meals were marketed with accompanying drinks offers in a responsible manner. She stated that Wetherspoon premises rarely reached full capacity and that the operating schedule provided sufficient flexibility to manage the business effectively.

 

Addressing concerns regarding noise and anti-social behaviour, Ms Doyle submitted that such issues were not generally associated with Wetherspoon premises, which were recognised as being well run and well managed. She confirmed that the applicant was willing to engage positively with local residents and would make management contact details available so that any concerns could be raised directly by telephone or email.

 

Ms Doyle further advised that managers were trained to deal with customer behaviour and were equipped with body-worn cameras capable of recording both video and audio. She explained that the company operated a Challenge 21 policy and that all staff received comprehensive induction and licensing training, which was regularly refreshed throughout the year.

In conclusion, Ms Doyle advised that incidents occurring at the premises would be reported and discussed regularly with the Licensing Officer to ensure any issues were identified and addressed promptly.

 

The Sub-Committee was addressed by Mr Gibson (the applicant’s general manager). He said that the company had already appointed a manager for the premises who had been with the company for 15 years.

 

In response to questions, Ms Doyle said that the staff cameras are connected to the premises CCTV system as a deterrent. The recordings are held on a hard drive on the premises which are remotely accessible by head office. She said the applicant would agree to a condition requiring contact details to be provided to neighbours.

 

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

 

Decision: To GRANT the premises licence with the usual mandatory conditions, conditions consistent with the operating schedule, conditions agreed with the Police and the conditions added by the Sub-Committee set out below.

 

Licensable activities permitted under this premises are:

 

Licensable activity	Days and hours		Place
Sale of alcohol	Sunday to Wednesday	0800 hours – 0030 hours	On and off the premises
	Thursday to Saturday	0800 hours – 0100 hours
Provision of late night refreshment	Sunday to Wednesday	2300 hours – 0030 hours	On and off the premises
	Thursday to Saturday	2300 hours – 0100 hours

 

With the addition for both licensable activities of an additional hour for Christmas Eve, Boxing Day, Monday Thursday, Sundays preceding bank holiday Mondays, St Patrick’s Day and New Year’s Eve.

 

The premises licence is subject to:

 

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.

 

Conditions consistent with the operating schedule:

 

1. The premises licence holder will ensure that all staff at the premises have been trained in accordance with established JD Wetherspoon plc training procedures. Specifically, the premises licence holder will ensure that all employees who work front of house are trained in their responsibilities to prevent alcohol being served to anybody who is under the legal age limit or to anyone who appears to be drunk or to anyone who is trying to purchase alcohol on their behalf.
2. The premises licence holder will ensure that there are sufficient staffing levels including managers to encourage responsible behaviour on the premises at all times.
3. CCTV shall be installed in the premises. Images will be retained for a minimum of 30 days and will be available to the police upon request. Members of the management team will be trained in the use of the system.
4. Non-alcoholic beverages including soft drinks, water, coffee and tea shall be available at all times, sale by retail of alcohol carried out at the premises
5. The premises licence holder will operate a “Challenge 21” Policy at all times.
6. Suitable food and non-alcoholic beverages shall be available at all times children are allowed on the premises.

Conditions Agreed with Dorset Police

 

1. An incident recording system shall be maintained at the premises. The system should be capable of recording the date and time of the incident and the name of the member of staff involved. The records from the systems to be made available on request to an authorised officer of the council or the police.
2. The system will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received

(d) any incidents of disorder

(e) any faults in the CCTV system or searching equipment or scanning equipment (f)any visit by a relevant authority or emergency service.

3. Risk assessment to be carried out in relation to the requirement of SIA trained staff for special events and anticipated busy periods
4. 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 to the public. 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.

Conditions added by the Sub-Committee

 

1. No licensable activities permitted by this Licence shall be carried out until premises licence dated 17427 has been surrendered.
2. A direct telephone number and email address for the manager of the premises shall be publicly available at all times the premises is open.