Licensing Section -EHDCEast Hants District Council

Alton Community Centre

Amery Street, Alton, Hampshire, GU34 1HN

Completed application 036613 which is a Change of Supervisor for Premises Licence from 21/12/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol
• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment

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

   

  General Licensing Objectives

  An application for an enhanced external and internal CCTV system is being worked up. This measure should assist with the promotion of all four licensing objectives as it will provide both a deterrent to crime, disorder, public disorder and nuisance whilst enhancing public safety and assisting in the protection of children from harm and also provide evidence in the event of criminal activity.

   

  Prevention of crime and disorder objective

  The establishment of an Alton Drug Reference Group.

  Working with the Police, the County Crime Prevention Design Advisor and Local Authority to enhance the security of the Car Park through improved lighting, access and shrubbery clearance.

  The Alton Community Association licensed bar is run by a franchisee that holds a Personal Licence and has been CRB checked. Under the terms of the Franchise Agreement, the franchisee confirms his understanding of the importance of having adequate management practices in place, that his staff receive suitable training to ensure that sales of alcohol are not made directly or indirectly to persons under the age of 18 and that practices are put in place, and reviewed, to ensure that sales of alcohol are not made to persons who are either drunk or who may commit crime and disorder.

  The Bar franchisee is also made aware of the need for vigilance and the need to be aware of the recommendations of the BIIAB regarding alcohol and drug abuse. The franchisee has been supplied with a copy of the Home Office publication "Safer Clubbing" as has the DPS, the Centre Manager.

  The Association thanks the Licensing Authority for drawing attention to the recently published Alcohol Harm Reduction Strategy and will willingly sign up to the forthcoming code of good practice when it becomes available.

   

  Public safety objectives

  None beyond existing legislative requirements and existing measures identified in the Operating Schedule.

   

  Prevention of public nuisance objectives

  Apart from existing legislative requirements and existing measures identified in the Operating Schedule and conditions of the existing Public Entertainment Licence the licensed bar at Alton Community Centre is housed in an internal room and consequent noise nuisance to the exterior, as gauged be the Noise Risk Assessment of the building is negligible.

  The enclosed courtyard at the Centre is occasionally used for drinking purposes. The courtyard is surrounded on the three sides by the Centre and is bounded by a commercial office development on the fourth. There is no direct access other than through the Centre and is not visible from the highway. The Noise Risk Assessment has concluded that whilst some noise will emanate from this area that it is not likely to cause a nuisance due to its physical location.

  Two SIA registered door staff required for live music events when 150 persons and above attend an event.

  One SIA registered door staff required for live music events when there are between 90 - 150 persons attending.

  No SIA registered door staff for live music events when there are 90 and under persons attending the event. On these occasions a responsible member of staff to continue carrying out the conditions of searching for alcohol as a condition of entry.        

               

  Drinking up time

  The restrictions on the sale or supply of alcohol do not prohibit during the first twenty minutes after the permitted hours the consumption of alcohol on the premises.

   

  Live/Recorded Music

   

  The provision of live and recorded music between 0800-2300 is not licensable (and so any conditions relating to the provisions of live or recorded music do not apply) if:

   

  The performance of live music is unamplified.

   

  The performance of live music is amplified and takes place to an audience of no more than 500 persons when the premises are open for the supply/sale of alcohol for consumption on the premises.

   

  The performance of recorded music takes place to an audience of no more than 500 persons when the premises are open for the supply/sale of alcohol for consumption on the premises.

   

• Annex 3 - Conditions from a hearing                           

   

  1. No doors and windows shall be opened unless for access and egress when live music is being played.

   

  2. The windows and doors leading from the Garden Room to the adjacent corridor shall remain closed during live music events in the Garden Room.

   

  3. The main hall shall not be used for live music events until a full acoustic report has been undertaken by a current member of the Institute of Acoustics. The report shall be submitted in writing to the local authority for written approval. The contents of the report once agreed, shall be fully implemented and maintained. No live music events shall take place until the report has been fully implemented. Post validation testing must be undertaken as part of the report.

   

  4. The noise limiting device shall be set to a level agreed by the local authority. The noise limiting device will then be sealed to prevent tampering.

   

  5. Live music practice can only be undertaken in rooms 7, 3 and 2.

   

  6. The Community Centre shall submit in writing a noise policy for control of noise, for written approval by the local authority. The policy must include:

                       Who monitors the live music events

                       The frequency of monitoring

                       Contact telephone number available to receive complaints from local residents

                       Actions to be taken when complaints received

                       Actions to be taken when monitoring confirms noise levels are too high.

  Along with a policy there shall be a log book where all actions taken are recorded. This will be available to officers from Council and Police upon request.

  This policy shall be adhered to at all times when live music events are taking place.

  The sub committee has decided to impose the following additional conditions, as agreed with the parties, in order to prevent crime and disorder and to protect children from harm.

   

  7. No re-entry to the premises for customers during live music events, other than to allow customers to smoke in accordance with the licence holder's written policy on smoking.

   

  8. Searches for drugs and alcohol will be carried out as a condition of entry to live music events.

   

  9. a) Two SIA registered door staff required for Live Music events when 150 persons and above attend event.

  b) One SIA registered door staff required for live music events when there are between 90 and 150 persons attending.

  c) No SIA registered door staff for live music events when there are 90 and under persons attending the event. On these occasions a responsible member of staff to continue carrying out the condition of searching for alcohol as a condition of entry.

   

   

   

   

   

   

• Annex 4 - The Plan