Licensing Section -EHDCEast Hants District Council

Twisted Teacup Bistro and Emporium

13 Market Square, ALTON, Hampshire, GU34 1HD

Completed application 034034 which is a Lapsed for Premises Licence from 26/04/2021 to 22/02/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• a performance of live 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.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General - all four licensing objectives

  I, the licensee, will ensure that at all times when the premises are for any licensable activity, there are sufficient staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.

  Public Safety

  Appropriate fire safety procedures are in place including fire extinguishers (foam, h20 and co2), fire blanket, internally illuminated fire exit signs, numerous smoke detectors and emergency lighting. All appliances are inspected annually.

  All emergency exits shall be kept free from obstruction at all times.

  The prevention of public nuisance

  Alcohol shall not be consumed outside after midnight.

  During regulated entertainment widows and doors shall remain closed.

  All customers will be asked to leave quietly.

  Clear and legible notices will be prominently displayed to remind customers to leave quietly and have regard to our neighbours.

  CCTV

  A colour recording CCTV system that captures images from the main public areas must be fully operational whilst licensable activities are taking place. 

  The system shall be able to cope with all levels of illumination.

  The recording equipment shall be stored and operated in a secure environment with limited access, to avoid damage, theft, unauthorised viewing and maintain the integrity of the system.

  The system shall be serviced at twelve monthly intervals and maintained to a standard that is acceptable to the police licensing department responsible for the area.

  The system clock shall be checked regularly for accuracy taking account of GMT and BST.

  Digital systems shall have sufficient storage capacity for 28 days evidential quality recordings (minimum 4 frames per second).

  The images produced shall be date and time stamped.

  A notice shall be displayed at the entrance to the premises advising that CCTV is in operation.

  An additional recording CCTV camera shall be installed and fully operational whilst the venue is open to the public to cover the area immediately outside the front of the premises.

   

  It is important that the Police are able to access data from the systems quickly and easily and therefore provision shall be made that at all times a person is in attendance who is nominated by the data controller who has access to the secure area who is able to operate the equipment

  Ensure all operators receive training from the installer when equipment is installed and that this is cascaded down to new members of nominated staff.

  Have a simple operator’s manual available to assist in replaying and exporting data (particularly important with digital systems) and to produce images to the police responsible authority for the purpose of the prevention and detection of crime as long as the request is lawful and complies with GDPR.

   

  In the event of a technical failure of the CCTV equipment, the premises licence holder or DPS shall notify the police licensing department responsible for the area within 24 hours.

   

  SIA NUMBERS

  On Fridays and Saturdays and days preceding UK public Holidays from 22:00 until the closure of the venue two frontline door supervisor  SIA registered security staff shall be employed at the venue.

  This number is to include only frontline door supervisor SIA staff employed solely on door supervisor / security duties, i.e. safety and security at the venue.

   

  SECURITY GENERAL

  All persons who are frontline door supervisor SIA registered and whose position or role profile is solely security at the venue, shall wear a fluorescent and/or a reflective orange tabard, clearly marked security at all times

   

  All front door refusals are to be recorded promptly, including the reason i.e. too intoxicated, barred suspicion of drugs etc.  

  If a person is ejected from the venue by a member of staff, a record must be made of the incident including details of the staff members involved and a summary of the circumstances. This must be completed as soon as practicable but prior than the end of that persons shift.

  A nominated member of security shall be positioned at the entrance / exit doors and shall be responsible for counting persons in and out of the venue. They shall use a device suitable for counting as approved by the police licensing department responsible for the area.   As such, an accurate number of persons in the venue must be known at all times the venue is operating under its premises licence. This number is to include staff.

  At the terminal hour of operation, the licence holder shall ensure that adequate numbers of door supervisors are employed to assist with the management of customers leaving the venue as well as those remaining in the vicinity of the premises.

   

  SECURITY REGISTER

  The licence holder shall maintain a duty register giving details of each and every person employed in the role of a security/door person and shall provide upon request by any Police Officer or Council Officer, the following details:-

  (a)  The licence number, name, and residential address and telephone number of that person;

  (b)  The time at which he/she commenced that period of duty, with a signed acknowledgement by that person;

  (c) The time at which he/she finished the period of duty, with a signed acknowledgement by that person;

  (d)  Any times during the period of duty when he/she was not on duty;

  e) If that person is not employed directly by the licence holder or venue but via a security contractor company, then details of this company must also be supplied (company name and out of office contact details)

  (f)  The register shall be so kept that it can be readily inspected by an authorised officer of the Council or Police Officer;

  (g)  The duty register shall comprise of a bound, consecutively page-numbered book and the licence holder shall ensure that this register is kept in a secure environment in order to prevent unauthorised access or alterations to same

   

  REFUSAL BOOK

  A written log( physical or electronic) shall be kept of all refusals including refusals to sell alcohol. The Premises Licence Holder shall ensure that the refusals log is checked, signed and dated on a weekly basis by the venue manager/manageress.

  The refusals log will be kept and maintained at the premises and will be available for inspection immediately upon request by Hampshire Constabulary and any responsible authority.

  The record of refusals will be retained for 12 months.

   

  STAFF TRAINING

  Before commencing their duties all new staff must receive information and training concerning the sale of age-restricted products.

  This training must cover their legal responsibilities and action to be taken in the event of suspicions being aroused that someone is purchasing or attempting to purchase an item under the legal age.

  All employees will sign a letter to acknowledge that they have completed this training and have understood their responsibilities on this area.

  This training should be reviewed and updated at reasonable intervals but at least annually.

   

  CHALLENGE 25

  There will be a Challenge 25 policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that every individual, who visually appears to be under 25 years of age and is seeking to purchase or be supplied with alcohol at the premises or from the premises, shall produce identification proving that individual to be 18 years of age or older.

  Acceptable identification for the purposes of age verification will include a photo card driving licence, passport or photographic identification bearing the “PASS” logo and the persons date of birth.

  If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.

  ‘Challenge 25’ posters shall be displayed in prominent positions at the premises.

   

• ANNEX 3 - CONDITIONS ATTACHED FROM A HEARING

   

  All windows and doors to be kept shut during the playing of live music apart from the normal comings and goings to the premises

   

  Service of alcohol or drinking of alcohol in the rear garden to cease at 9 pm every day

   

   

• ANNEX 4 - THE PLAN

Premises Plans

• - Page 1 of 2
• - Page 2 of 2