Licensing Section -EHDCEast Hants District Council

Shell Whichers Gate

Whichers Gate Road, Rowlands Castle, Hampshire, PO9 6BB

Open application 038736 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1. 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.

   

  2. 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)

   

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

   

  4.  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).

   

  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 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.

   

  6.               (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

   

  General all four licensing objectives

   

  A suitable and sufficient CCTV system with recording facilities will be in place at

  site and will operate at all times the premise is open for licensable activities.

  Images will be retained for a period of no less than 31 days. Access to the

  equipment and recordings will be provided to the Police or other relevant officers

  of a responsible authority within 24 hours of the request being made.

  Staff will be trained with regard to their responsibilities in the retail sale of alcohol

  and regular refresher training will also be undertaken (minimum of every 6

  months). Written training records can be made available for inspection upon

  reasonable request by the Police or other relevant officers of a responsible

  authority.

  A refusals log will be operated and maintained and will be produced to a relevant

  officer of the Police or other relevant officers of a responsible authority upon

  reasonable request. The log will be checked, signed and dated on a regular basis.

  An incident log will be operated and maintained and will be produced to a relevant

  officer of the Police or other relevant officers of a responsible authority upon

  reasonable request. The log will be checked, signed and dated on a regular basis.

  A Challenge 25 policy will be operated at the premise. Acceptable forms of

  identification are a passport, photo-card driving licence and PASS accredited

  identification card.

  Spirits (with the exception of spirit mixers and premixed spirit drinks) will be

  located behind the counter.

  The Premises Licence holder shall be permitted to display bulk stacks, wine towers

  and chilled promotional offerings throughout the store that may not necessarily be

  shown on the plan. The locations may be subject to change but will be contained

  within the red lined licensable area shown on the plan attached to the Premises

  Licence. The display of bulk stacks will not be located where they may impact on

  the ability of customers to use exits or escape routes without impediment.

  The premises licence holder will require any third party delivery partner delivering

  on behalf of the premises licence holder to comply with all legal requirements

  pertaining to the retail sale of alcohol, and in particular to operate a Challenge 25

  age verification policy.

  The premises licence holder will require all third party delivery partners not to

  deliver alcohol to schools, parks or playgrounds

  There will be two members of staff on duty between the hours of 23:00 and 05.00

  each day. In the event that there is not, the door to the shop will be closed and all

  service will take place through the night hatch.

   

  The prevention of crime and disorder

  A suitable and sufficient CCTV system with recording facilities will be in place at

  site and will operate at all times the premise is open for licensable activities.

  Images will be retained for a period of no less than 31 days. Access to the

  equipment and recordings will be provided to the Police or other relevant officers

  of a responsible authority within 24 hours of the request being made.

  Staff will be trained with regard to their responsibilities in the retail sale of alcohol

  and regular refresher training will also be undertaken (minimum of every 6

  months). Written training records can be made available for inspection upon

  reasonable request by the Police or other relevant officers of a responsible

  authority.

  Spirits (with the exception of spirit mixers and premixed spirit drinks) will be

  located behind the counter.

   

  Public safety

  A suitable and sufficient CCTV system with recording facilities will be in place at

  site and will operate at all times the premise is open for licensable activities.

  Images will be retained for a period of no less than 31 days. Access to the

  equipment and recordings will be provided to the Police or other relevant officers

  of a responsible authority within 24 hours of the request being made.

   

  The prevention of public nuisance

  A suitable and sufficient CCTV system with recording facilities will be in place at

  site and will operate at all times the premise is open for licensable activities.

  Images will be retained for a period of no less than 31 days. Access to the

  equipment and recordings will be provided to the Police or other relevant officers

  of a responsible authority within 24 hours of the request being made.

  An incident log will be operated and maintained and will be produced to a relevant

  officer of the Police or other relevant officers of a responsible authority upon

  reasonable request. The log will be checked, signed and dated on a regular basis.

  There will be two members of staff on duty between the hours of 23:00 and 05.00

  each day. In the event that there is not, the door to the shop will be closed and all

  service will take place through the night hatch.

   

  The protection of children from harm

  Staff will be trained with regard to their responsibilities in the retail sale of alcohol

  and regular refresher training will also be undertaken (minimum of every 6

  months). Written training records can be made available for inspection upon

  reasonable request by the Police or other relevant officers of a responsible

  authority.

  A refusals log will be operated and maintained and will be produced to a relevant

  officer of the Police or other relevant officers of a responsible authority upon

  reasonable request. The log will be checked, signed and dated on a regular basis.

  The premises licence holder will require any third party delivery partner delivering

  on behalf of the premises licence holder to comply with all legal requirements

  pertaining to the retail sale of alcohol, and in particular to operate a Challenge 25

  age verification policy.

  The premises licence holder will require all third party delivery partners not to

  deliver alcohol to schools, parks or playgrounds.

  A Challenge 25 policy will be operated at the premise. Acceptable forms of

  identification are a passport, photo-card driving licence and PASS accredited

  identification card.

  Spirits (with the exception of spirit mixers and premixed spirit drinks) will be

  located behind the counter

• ANNEX 3 - CONDITIONS FROM A HEARING

   

• ANNEX 4 - THE PLAN

Premises Plans

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