Licensing Section -EHDCEast Hants District Council

Headley Park Hotel

Lithuanian House, Picketts Hill, Sleaford, Bordon, Hampshire, GU35 8TE

Completed application 027086 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 11/01/2016 to 21/12/2017

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of a play
• an exhibition of a film
• the supply of alcohol
• a performance of live music
• any playing of recorded music
• a performance of dance

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.

   

  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

   

•  

  Annex 3 - Conditions from a hearing

   

  1.              The performance or playing of music shall not take place outside the permanent structure of the premises at any time, unless it is unamplified (this includes any tents, marquees or any similar structures). For the avoidance of doubt, Section 177A of the Licensing Act 2003 does not apply;

   

  2.              All external doors and windows of the premises shall be closed (except for access and egress) when regulated entertainment occurs;

   

  3.              The DPS (Designated Premises Supervisor) shall be in attendance when any live music occurs;

   

  4.              A log book shall be kept on site at all times, for inspection by the Responsible Authorities.  Records shall be kept for a minimum of 2 years.  All complaints about noise or disturbance shall be logged in the log book, with date, time, issue and a record of corrective actions that the premise has taken;

   

  5.              All speaker locations and size shall be approved before first use, in writing with the Council’s Principal EHO (Pollution) and retained thereafter;

   

  6.              A CCTV system linked to a recording facility shall be operational at the premises during any period in which licensable activities are permitted.  All areas of the bar and function room will be covered by CCTV.  The main entrance door to the hotel will be covered by CCTV.  The CCTV system must be maintained in good working order at all times.  CCTV recordings and footage must be retained for a minimum period of 28 days and be made available to the Police upon request (subject to the requirements of the Data Protection legislation in force at the time).  A competent person conversant with the operation and retrieval of information contained in the CCTV system/footage shall be available to attend the premises at all times.  CCTV recordings shall be made available immediately upon the request of any responsible authority.

   

  7.              Anyone authorised to sell or supply alcohol at the premises shall request identification, for proof of age, of any person appearing to them to be under the age of 25 (twenty five) and who is attempting to purchase alcohol;

   

  8.              Warning signs shall be displayed in the premises providing information in respect of the Challenge 25 Policy and the request for photo identification;

   

  9.              Anyone authorised to sell alcohol at the premises shall be trained in the requirements of the Licensing Act 2003.  Written training records must be kept.  Refresher training must be completed every six months covering the refusal of the sale of alcohol to those who appear intoxicated and the steps to be taken where an individual appearing to be under the age of 25 attempts to purchase alcohol.  In addition to their training a written test related to the training given will be conducted before the staff member is permitted to sell or authorise alcohol.  The test will consist of a minimum of ten questions of which the pass rate is 80%.  Anyone not attaining the pass rate will not be permitted to sell or authorise the sale of alcohol until the pass rate is attained.  There will be a minimum of two sets of questions to be used in the training which will be rotated upon each subsequent six month training session.  Training records shall be available for immediate inspection if requested by any responsible authority;

   

  10.              A written log shall be kept of all refusals.  The DPS shall ensure that the refusals log is properly maintained.  The DPS or nominated person shall check and sign the refusals book on a weekly basis.  The refusals book shall be available for immediate inspection if requested by any responsible authority;

   

  11.              The premises shall operate an incident book.  Any incidents shall be recorded in detail and include date, time, what action was taken and who wrote it.  The incident book shall be available for immediate inspection by an responsible authority;

   

  12.              For any event where more than 200 guests are present, between 20:00hrs and one hour following the closure of the premises, two SIA licensed door supervisors shall be operational.  For every  additional 100 guests that are present, one additional SIA licensed door supervisor will be operational.  For the purposes of this condition, an event shall be taken to mean any pre-booked private function(s) and/or pre-advertised special event(s);

   

  13.              A member of staff will be employed (may not be their only role) to patrol the venue and monitor customers for signs and/or symptoms of excess alcohol consumption during events where more than 200 guests are present.  Anyone suspected of consuming excess amounts of alcohol will be taken to a welfare/first aid room.  The welfare/first aid room shall be a room to be identified upon a plan produced to the Police and Licensing Authority and shall be open to inspection, by the Police or Licensing Authority during hours licensable activities are taking place.  The floorwalker will monitor persons purchasing alcohol to check they are not mixing multiple shots or measures together to ensure responsible alcohol consumption.  A record will be maintained providing details of persons attended to, date and time, along with the member/s of staff involved;

   

  14.              A dispersal procedure will be adopted during the last trading hour to ensure minimal disturbance to neighbours and to tackle the problem of anti-social behaviour and crime.  This will include:

  a)              During the last 30 minutes of trading the service points at the bar will be reduced and certain staff reallocated to collect glasses;

  b)              Music volume will be gradually reduced during the last 30 minutes of trading. Lighting levels will be raised to encourage the gradual dispersal of customers;

  c)              DJ announcements will be used to encourage gradual dispersal and to remind customers to leave quietly; and

  d)              Door supervisors will remove all bottles and glasses from any customer who attempts to leave the venue carrying one.

   

   

  15.              A zero tolerance approach shall be taken towards the presence and use of illegal drugs on the premises.  This policy shall be actively enforced at all times and any individual found in possession or use of such drugs shall not be permitted to enter or remain on the premises.  The licence holder shall provide and implement a zero tolerance policy towards the presence and use of illegal drugs and drunkenness on the premises.  This policy shall be actively enforced at all times.  All members of staff shall be trained in drugs awareness.  Documented hourly toilet checks (of all toilets) from 18:00hrs shall be completed. 

   

  16.              Two Personal Licence Holders to be on duty during any events where more than 200 guests are present.  All staff authorised to supply alcohol by the DPS to be in writing.  For any event over 200 guests where the DPS is not available, a nominated deputy who is a Personal Licence Holder will be present.

   

  17.              No glassware is permitted outside of the permanent building, with the following exception.  Guests resident or dining at the premises or guests attending a pre-booked function of up to 200 guest are permitted to use glassware on the hotel terrace lawn or in a marquee until midnight.

   

  18.              Clear signs shall be placed at the exits to remind patrons to leave quietly;

   

  19.              At least one phone number will be made available outside the premises to members of the public when any special events are taking place so that they can speak to a person in authority; and

   

  20.              At least 56 days prior to an event at where 100 or more people are expected to attend the licence holder is to provide an event safety management plan to the satisfaction of the Licensing Authority.

   

  21. Alcohol shall not be consumed outside the permanent building, with the following exception.  Guests resident or dining at the premises or guests attending a pre-booked function of up to 200 guests are permitted to consume alcohol on the hotel terrace lawn or in a marquee until midnight.

   

• Annex 4 - The Plan