Licensing Section -EHDCEast Hants District Council

Annie Jones

10 Lavant Street, Petersfield, Hampshire, GU32 3EW

Open application 038485 which is a Transfer Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol
• a performance of live music

Additional Conditions

• Annex 1 - Mandatory Conditions

   

  1.(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.
  
  (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 characteristic 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).

   

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

   

  3. (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.

   

  4. The responsible person must 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: 25ml or 35ml; and

  (iii) still wine in a glass: 125ml;

  (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.

   

  5. No supply of alcohol may be made under the premises licence:

   

  at a time when there is no designated premises supervisor in respect of the premises licence, or

  at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  6. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence (Section 19, Licensing Act 2003).

   

  7. Where this licence authorises the exhibition of films the admission of children must be restricted in accordance with the British Board of Film Classification.

   

  8.  Where this licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, these individuals must be licensed by the Security Authority (Section 21, Licensing Act 2003).

   

  9. (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 + (D x V)

  where-

  (i) P is the permitted price,

  (ii) D is the rate 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) “valued 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 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.

  (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.

   

   

   

• Annex 2 - Conditions consistent with the operating schedule

   

  Prevention of crime and disorder

  Operate challenge 25. Use of shopwatch/pubwatch radio.

   

  Public safety

  No open vessels to leave premises.

   

  Prevention of public nuisance

  Kitchen Extract fans will cease between 2300 & 0800. No external speakers. Lighting in external area adjusted to minimise light pollution to neighbours.

  Last admission 30 minutes before terminal hour.

   

  Protection of children from harm

  All minors on premises to be accompanied by a responsible adult.

  Terminal hour for minors 2100.  able service only for minors.

   

  CCTV

  A colour recording CCTV system that captures images from the main public areas shall be fully operational whilst licensable activities are taking place.  

  The system shall be able to cope with all levels of illumination.

  The recording equipment shall be stored and operated in a secure environment with limited access, to avoid damage, theft, unauthorised viewing and maintain the integrity of the system.

  The system shall be serviced at twelve monthly intervals and maintained to a standard that is acceptable to the police licensing department responsible for the area.

  The system clock shall be checked regularly for accuracy taking account of GMT and BST.

  Digital systems shall have sufficient storage capacity for a minimum of 28 days evidential quality recordings (minimum 8 frames per second). 

  The images produced shall be date and time stamped.

  A notice shall be displayed at the entrance to the premises advising that CCTV is in operation.

  An additional recording CCTV camera shall be installed and fully operational whilst the venue is open to the public to cover the area immediately outside the front of the premises in order to capture facial images of those entering the venue.

   

  It is important that the Police are able to access data from the systems quickly and easily. Therefore provision shall be made that at all times the venue is operating under his premises licence, a person is in attendance who is nominated by the data controller who has access to the secure area who is able to operate the equipment and download data.

   

  Ensure all operators receive training from the installer, when equipment is installed and that this is cascaded down to new members of nominated staff.

  Have a simple operator’s manual available to assist in replaying and exporting data (particularly important with digital systems) and to produce images to the police or responsible authority for the purpose of the prevention and detection of crime as long as the request is lawful and complies with the GDPR.

   

  In the event of a technical failure of the CCTV equipment, the premises licence holder or DPS shall notify, via email the police licensing department responsible for the area within 24 hours of the fault and provide details of when the fault shall be repaired.

   

  TRAINING

  Staff shall be trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunk persons and the refusal of sale due to intoxication.  Records shall be kept of such training which shall be signed and dated by the member of staff who has received that training.  

  All staff shall receive refresher training every six months as a minimum and records are to be kept of this refresher training which should be signed and dated by the member of staff who received that training.  

  In addition to their training a written test related to the training given shall be conducted before the staff member is permitted to sell or authorise alcohol. The test shall consist of a minimum of ten questions of which the pass rate is 80%. Anyone who fails to reach the prescribed pass rate shall be retrained and re-tested. Anyone not attaining the pass rate shall not be permitted to sell or authorise the sale of alcohol until the pass rate is attained. There shall be a minimum of two sets of questions to be used in the training which shall be rotated upon each subsequent six month training session.

  All training records shall be made immediately available for inspection by Hampshire Constabulary and any responsible Authority upon request. 

  Training records shall be kept for a minimum period of two years. Training records shall be kept on the licensed premises to which they relate to.

   

  A written policy on how the venue shall deal with vulnerability shall be implemented and as a minimum shall include the following:

  A definition of the different types of vulnerability that may present at the premises.

  How best to communicate with vulnerable people. For example, people who are drunk, people on their own, people behaving aggressively and people who are ill.

  How to safeguard vulnerable people, including information on first aid administration and referral to the ambulance service and police where relevant.

  Best practice for partnering with agencies, such as taxi companies, local authorities and other venues.

  What to do if you sense a vulnerable person is in danger, for example if they leave the venue alone or with people they didn’t arrive with.

   

   

  REFUSALS

  A  log, either written or electronic shall be kept of all refusals including refusals to sell alcohol. The Premises Licence Holder shall ensure that the refusals log is checked, signed and dated on a weekly basis by the venue manager/manageress.

  The refusals log shall be kept and maintained at the premises and shall be available for inspection immediately upon request by Hampshire Constabulary and any responsible authority.

  The record of refusals shall be retained for 12 months.

   

  PUBWATCH

  The premises licence holder shall ensure that a representative of the premises (whenever possible the DPS) attends regular pub watch meetings or meetings of any similar scheme, so long as such a scheme is in existence and welcomes participation of the venue representative. 

  The DPS or their representative shall ensure that descriptions of disorderly/banned individuals are circulated to other licensed venues via the Pubwatch or similar scheme.

  The DPS shall work in cooperation with Hampshire Constabulary and other licensed venues by refusing entry to any person who has been included on the 'banned list

   

  INCIDENT RECORDING

  An incident record shall be maintained to record any activity of a violent, criminal or anti-social nature. 

  The record shall contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

  This record shall be produced to a police officer or an authorised officer of the local authority on reasonable request.

  This record shall be retained for a period of 12 months. 

   

   

   

   

• Annex 3 - Conditions from a hearing

• Annex 4 - The plan

Premises Plans

• Plan 12.10.22 - Page 1 of 1