Licensing Section -EHDCEast Hants District Council

Turtle Bean Cafe

41-43 Station Road, Liss, Hampshire, GU33 7DP

Refused application 021801 which is a Minor Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of dance
• provision of late night refreshment
• the supply of alcohol
• any playing of recorded 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.

   

  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

  The partners will have regular staff training in all areas of health and safety and will have a policy for all licensing objectives.

   

  Prevention of Crime and Disorder Objectives

  To be actively involved with local pub watch and work closely with police and community bodies.

   

  Public Safety Objectives

  By having a health and safety policy and regular staff training in all aspects of public safety.

   

  Prevention of Public Nuisance Objectives

  By having a strict policy on serving alcohol and controlling noise level especially at night.

   

  Protection of Children from Harm Objectives

  As a restaurant we only allow children when they are accompanied by adults and always acting in their best interest in order to insure their wellbeing.

• Annex 3 - Conditions from a hearing

   

  1.  Insulation shall be installed and maintained to provide the noise protection  

       measures in line with approved document E of the current Building Control 

       regulations.  The noise insulation measures shall be installed between the 

       premises and the upstairs flat.  The insulation measures must include

       protection of the following areas:

   

  the staircase and associated entrance at ground floor;

  the ceiling; and

  redundant fireplaces at ground floor.

   

  Post validation testing must be submitted in writing for written approval by East Hampshire District Council’s Environmental Services Manager;  

   

  2.  The location and size of the speakers for installation in the premises must be   

  submitted in writing for written approval by the East Hampshire District Council’s Environmental Services Manager (Protection. No alterations to the location of the speakers shall occur until written approval is submitted and agreed by East Hampshire District Council’s Environmental Services Manager (Protection). 

   

  3.  All doors and windows shall remain shut, unless for access and egress, when

       music is played at the premises;

   

  4.              No live music is to be performed;

   

  5.   Recorded music shall only be played indoors;

   

  6.   New customers shall not be permitted to enter the premises during the last 

        30 minutes before closing;

   

  7.   No smoking to be permitted in the courtyard;

   

  8.   All external doors to be fitted with self-closers;

   

  9.   Before any lighting is installed in the courtyard, details of any lighting shall be

        submitted for the written approval of East Hampshire District Council’s  

        Environmental Services Manager (Protection).  No such lighting shall be

        installed until the written approval of East Hampshire District Council’s  

        Environmental Services Manager (Protection) has been obtained; and

   

  10.  Music shall not be audible outside the premises.

   

• Annex 4 - The plan

   

Premises Plans

• plan - Page 1 of 3
• plan - Page 2 of 3
• plan - Page 3 of 3