Licensing Section -EHDCEast Hants District Council

Happy Valley

6 Midhurst Road, Liphook, Hampshire, GU30 7ED

Completed application 016275 which is a Transfer Application for Premises Licence from 16/07/2012 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• any playing of recorded music

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Annex 1 - Mandatory Conditions

   

  1. (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 or 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.

   

  2. 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).

   

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

   

  4.

  (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.

   

  5. 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: 25ml or 35ml; and

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

  (b) customers are made aware of the availability of these measures

   

  6. 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.

   

  7. 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).

   

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

   

  9. 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).

   

  Further information can be obtained from the Licensing Section, East Hampshire District Council, Penns Place, Petersfield, Hampshire, GU31 4EX

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  GENERAL LICENSING OBJECTIVES

  Seek advice and adhere to guidance from appropriate responsible authorities and disseminate information amongst staff in order to promote objectives.

  Work in partnership with other members of the immediate community both private and commercial when carrying on licensable activities.

  Adopt good practice guides where appropriate and make risk assessments.

   

  THE PREVENTION OF CRIME AND DISORDER OBJECTIVES

  Vigilance by staff concerning behaviour of customers. Alcohol to be consumed only at the tables. Age checks on children where appropriate. Sufficient number of staff (4) to deal with any unforeseen difficulties. Forty covers maximum, often less. Maintain adequate seating. Only employ registered suppliers of alcohol.

   

  PUBLIC SAFETY OBJECTIVES

  Health and safety procedures are in place. Escape routes are well lit and checked. Fire retardant furnishings. Maximum 40 covers. Rear access and road at front access for emergency vehicles. Fire alarms. First Aider appointed and First Aid box provided. P.A.T test done annually.

   

  THE PREVENTION OF PUBLIC NUISANCE OBJECTIVES

  Restaurant is sited in a largely non residential area and is bounded by other commercial premises including a Chinese restaurant. Diners are encouraged to leave in an orderly manner. There is an extractor fan for cooking fumes and smells. No car parking for diners. There is adequate toilet provision.

  The restaurant ceiling has now had an accoustically lined ceiling installed.

   

  THE PROTECTION OF CHILDREN FROM HARM OBJECTIVES

  All children are accompanied by adults and are not allowed to consume alcohol under the age of 16, and then only with meals and under supervision of adults.

   

   

• ANNEX 3 - CONDITIONS FROM A HEARING

   

  DECISION OF REVIEW HEARING

   

  Noise Insulation Works

   

  1(a) Prior to the commencement of any works, details must be submitted to and written approval obtained from the Environmental Services Manager providing for noise insulation works to the licensed premises over all areas required by the officer to the standard required by her.

   

  1(b) The Licensee must, on completion of the said works, carry out post validation testing of the approved works which must show that the required standard (as approved by the Officer) has been met.

   

  1(c) This licence is suspended either until the ESM has confirmed to the Licensing Officer that the required post validation testing results have been achieved and received or, for a maximum period of three months, whichever occurs first.

   

  Reason: We are hopeful that if the noise insulation of the premises is significantly improved then that would significantly reduce any noise disturbance to the neighbours emitted from the premises.       

   

  2. All customers must leave the premises by 23.30

   

  Reason: As offered and agreed by the Licensee and to prevent later noise disturbance to the neighbours.

   

  3. All doors and windows of the licensed premises to remain closed except for access and egress.

   

  Reason: To reduce any noise disturbance to the neighbours emitted from the premises and as offered and agreed by licence holder.

   

  4. Anti-vibration mounts shall be installed where possible to all fridges, freezers and music speakers.

   

  Reason: To reduce any noise disturbance to the neighbours emitted from the premises and as offered and agreed by licence holder.    

   

  5. The courtyard of the premises shall not be used by customers.  

   

  Decision of Hearing held on 15 August 2008

   

  The Sub-Committee restricted the time of cessation of the licensable activities to 23:00 on Fridays and Saturdays because it considered it necessary to do so to prevent public nuisance and to protect children from harm. The Sub-Committee had also taken into account the fact that the licensed premises had not yet opened for business.

   

  The Sub-Committee decided to delete condition 3 of Annex 4 to the Premises Licence, which prohibited the playing of recorded music.

  However, the Sub-Committee had also decided to impose the following conditions, in order to prevent public nuisance and the protection of children from harm.

   

  1. Recorded music shall not be audible outside of the licensed premises.

   

  2. The location and size of speakers for installation in the premises must be submitted in writing for written approval by East Hampshire District Council's Environmental Services Manager (Protection). No alterations to the location of the speakers shall occur until written approval has been submitted and agreed by East Hampshire District Council's Environmental Services Manager (Protection).

   

  3. External doors to the premises and the shed shall be fitted with self closers

   

  4. Before the shed is to be used for refrigeration, sufficient noise allevation measures should be undertaken to the written satisfaction of East Hampshire District Council's Environmental Services Manager (Protection); and

   

  The Sub-Committee decided to delete condition 5 of Annex 4 to the Premises Licence, which prohibited staff and customers from using the courtyard, and replace it with the following condition:

   

  5. The courtyard of the premises shall not be used by customers.

   

   

   

•                                                         ANNEX 4- THE PLAN

   

   

Premises Plans

• Plan - Page 1 of 1
• Plan - Page 2 of 1