Agenda item

An application has been made for a new premises licence for the Native Willow, 6 Quarterjack Mews, East Street, Wimborne, BH21 1DS. 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 presented an application for a new premises licence for live and recorded music, and the sale of alcohol, between 11.00am and 11.00pm Sunday to Thursday and 11.00am to midnight on Fridays and Saturdays. Outdoor live music was proposed between March and October, with Friday and Saturday events restricted to private functions.

 

All Responsible Authorities were consulted. No representations were received other than from Dorset Police, who initially objected on the grounds of concerns relating to the prevention of crime and disorder and public safety, citing a lack of detail within the application and limited engagement from the applicant. The objection was subsequently withdrawn following the submission of an amended risk assessment and agreement to conditions requiring the installation and maintenance of CCTV.

Five relevant representations were received from members of the public, including Wimborne Town Council, raising concerns regarding public nuisance, public safety, and the prevention of crime and disorder, particularly in relation to noise and alcohol-related disturbance.

 

The applicant attended the hearing and was accompanied by Lisa Turner. Mr Philip Stevens was unable to attend the hearing to speak in opposition to the application but submitted a summary of his concerns for the Sub-Committee’s consideration. This further representation was shared with and read by the Sub-Committee in advance of the hearing.

 

Ms Bailey, on behalf of the applicant, explained that Native Willow was a community-focused café and retail premises, and that the licence was intended to facilitate occasional private events and functions rather than operate as a late-night bar or nightclub. She advised that customers would be required to move indoors by 9.00pm on weekdays and 10.00pm at weekends, with outdoor access after 11.00pm restricted to smoking. For events SIA-registered door staff would be employed where necessary. It was stated that the primary purpose of the premises is to function as a café, with the sale of wine being ancillary to the provision of food. The hours applied for are intended principally to provide flexibility for occasional private events. The applicant advised that compliance with the premises licence conditions would form part of the venue hire agreement and that measures would be taken to ensure that patrons attending private events do not congregate outside the premises during weekdays.

 

Ms Bailey acknowledged a previous complaint relating to an event at the premises, advising that the event had been stopped and was an isolated occurrence. She stated that future events would primarily take place at weekends and reiterated that the premises would remain focused on its café operations. However, this occurred within the hours authorised by the Temporary Event Notice, and the music was switched off on receiving the complaint.

 

In response to Members’ questions, Ms Bailey advised that door staff would be used for larger private events, with a maximum attendance of around 30 people. She stated that any complaints from neighbours would be addressed through review of risk assessments, advance notification to residents, and direct engagement with those affected. She confirmed that CCTV would be installed if the licence was granted and would not sell alcohol until the system was operational.

 

All parties were given the opportunity to make representations and sum up their case.

 

Decision: To GRANT the premises licence with the usual mandatory conditions, conditions consistent with the Operating Schedule, conditions requested by Dorset Police and added by the Sub-Committee as set out below:

 

The licensable activities permitted under this Premises Licence are:

 

Licensable Activity	Days and Hours		Place
Live Music	Sunday to Thursday	11:00-23:00	Inside
	Friday and Saturday	11:00 – midnight
Non-Standard Timings/Seasonal Variations: None

 

Licensable Activity	Days and Hours		Place
Live Music	Thursday	18:00-21:00	Outdoors (Courtyard Only
	Saturday and Sunday	12:30-20:30	Outdoors (Courtyard and Veranda)
Non-Standard Timings/Seasonal Variations: March to October only

 

 

Licensable Activity	Days and Hours		Place
Recorded Music	Sunday to Thursday	11:00-23:00	Indoors and Outdoors
	Friday and Saturday	11:00 – midnight
Non-Standard Timings/Seasonal Variations: None

 

Licensable Activity	Days and Hours		Place
Sale of Alcohol (On and Off the Premises)	Monday to Sunday	11:00-23:00	On  the Premises
	Sunday to Thursday	11:00 – midnight
Non-Standard Timings/Seasonal Variations: None

 

Opening Hours
Sunday to Friday	10:00 – 23:00
Saturday	00:00-00:00

 

The Premises Licence is subject to the following conditions:

Mandatory Conditions:

 

• There shall be no sale or supply of alcohol when there is no designated premises supervisor in respect of this premises licence or at a time when he said premises supervisor does not hold a personal licence or when his/her licence is suspended.

 

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

 

• (1)The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children –

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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

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 of less;

d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on- i. the outcome of a race, competition or other event or process, or ii. the likelihood of anything occurring or not occurring;

e) 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.

 

·       The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

·       The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

 

·       (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

 

(2) 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 a holographic mark.

 

§  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 glass: 125 ml; and b) customers are made aware of the availability of these measures.

 

 

 

 

Conditions consistent with the Operating Schedule

 

·       The Premises Licence Holder shall ensure that an incident report register is maintained at the premises in which all incidents of crime, disorder, refusals of alcohol sales and other security incidents are recorded and made available for inspection by an authorised of the Licensing Authority or the Police upon request.

 

 

·       The maximum occupancy of the premises, including all internal and external licensed areas, shall not exceed 50 persons, excluding staff, unless otherwise agreed following a documented risk assessment. The Premises Licence Holder shall ensure that appropriate management controls are in place to prevent that figure being exceeded.

 

·       All staff shall receive training appropriate to their role, including emergency procedures, age verification, incident reporting and the licensing objectives. Training records shall be maintained and made available upon request by an authorised officer of the Licensing Authority or the Police.

 

·       The Premises Licence Holder shall ensure that staff are familiar with all means of ingress and egress and the appropriate procedures in case of emergency evacuation.

 

·       Adequate first aid supplies shall be available on the premises whenever licensable activities are taking place.

 

·       Thursday evening live music sessions shall be restricted to unamplified acoustic performances between 18:00 and 21:00 hours. No microphones, speakers, amplifiers or PA systems shall be used during Thursday sessions.

 

·       Saturday and Sunday live music performances shall only take place between 12:30 and 20:30 hours. No drum kits, subwoofers or heavy bass backing tracks shall be used. Any amplification shall be limited to a small low-volume portable PA system or instrument amplifier.

 

·       No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming part of the premises.

 

·       The manager or another competent person shall undertake and record a boundary noise assessment within 15 minutes of the commencement of any live music performance and shall take immediate action to reduce noise levels where necessary to prevent disturbance to nearby residents. Records shall be retained on the premises and made available upon request.

 

·       A clear notice shall be displayed at every exit requesting customers to respect the needs of local residents and leave the premises and surrounding area quietly.

 

·       The Premises Licence Holder shall take appropriate measures to ensure that patrons using the courtyard, veranda or any outside area do so in a quiet and orderly manner.

 

·       A direct telephone number for the manager shall be made available to local residents for the purpose of reporting noise or nuisance concerns whenever the premises is operating.

 

·       The premises shall operate a Challenge 25 age verification policy. Any person who appears to be under the age of 25 shall be required to produce acceptable photographic identification before being supplied with alcohol. Acceptable identification shall be a passport, photo driving licence or PASS accredited proof of age card.

 

·       A refusals register shall be maintained and shall record all refusals of alcohol sales. The register shall be available for inspection by the Police, Trading Standards and authorised officers of the Council upon request.

 

·       Only staff trained in age-restricted sales and authorised by the Premises Licence Holder or DPS shall sell alcohol. Records of training shall be maintained and made available for inspection upon request.

 

·       Children under the age of 16 shall be accompanied by an adult when attending any organised entertainment event at the premises.

 

·       When services are being provided to children and families and staff may come into contact with children in the course of their work, the premises shall maintain a safeguarding policy in line with the expectations of the Pan-Dorset Safeguarding Children Partnership.

 

Conditions requested by Dorset Police

 

• A CCTV system shall be installed to cover all entry and exit points, enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public whilst the premises is open for licensable activities. It shall operate during all times when customers remain on the premises.
• All recordings shall be stored for a minimum period of 31 days with correct date and time stamping. Recordings shall be made available immediately upon the request of the Police or an authorised officer of the Council throughout the preceding 31-day period. The CCTV system shall be updated and maintained according to Police recommendations.
• 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 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 delay when requested. CCTV footage shall be downloaded upon request by the Police or an authorised officer of the Council.
• Appropriate signage advising customers that CCTV is in operation shall be prominently displayed within the premises.
• A documented check of the CCTV system shall be completed weekly to ensure all cameras remain operational and that the minimum 31-day retention period for recordings is being maintained.

 

Conditions Applied by the Sub-Committee

 

• SIA registered door supervisors shall be employed where required on the basis of a risk assessment for private functions, promoted events or occasions when attendance levels justify their deployment.