Licensing Section -EHDCEast Hants District Council

Cellar Vie

1 Westbrooke Walk, Alton, Hampshire, GU34 1HZ

Completed application 029629 which is a Minor Variation Application for Premises Licence from 25/04/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol
• provision of late night refreshment

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(a);

  (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(a).

  (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 shedule

   

  Prevention of Public Nuisance Objectives

  Always attend the Pubwatch meetings.

   

  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.              A Noise limiter shall be installed through which all amplified music (whether regulated or deregulated) shall play at all times. The Noise Limiter shall be set by the Council’s Environmental Protection Officer/Noise Officer. The Noise Limiter shall be kept in a lockable container to which only the Premises Licence Holder or Designated Premises Supervisor shall hold the key. The noise limiter shall also be maintained thereafter. Section 177A if the Licensing Act 2003 does not apply to this condition.

   

  2.              All wall mounted speakers shall be mounted on acoustic mountings and be directed towards the interior of the building. Floor mounted speakers shall always be placed on acoustic matting and be directed towards the interior of the building. Section 177A if the Licensing Act 2003 does not apply to this condition.

   

  3.              During the provision of musical entertainment whether amplified or unamplified (regulated or deregulated) all exterior doors and windows shall be kept closed except for the entry or egress of persons to and from the building. Section 177A of the Licensing Act 2003 does not apply to this condition.

   

  4.              All external doors shall be fitted with self-closing devices and staff will ensure that doors are closed during musical entertainment. Section 177A of the Licensing Act 2003 does not apply to this condition.

   

  5.              A telephone number for the premises Licence Holder or Designated Premises Supervisor shall be prominently displayed in the front window of the premises and shall be provided to local residents on reasonable request to contact in the event of noise or other concerns. Details of all complaints received and the action taken to address the complaint shall be recorded by the premises licence holder or duty manager in the relevant section of the Incident Book.

   

  6.              During the provision of any musical entertainment The Premises Licence Holder, Designated Premises Supervisor or Duty Manager must carry out a minimum of hourly external patrols of the premises to prevent disturbance to any neighbouring residential premises. Details of the checks, including times and any action taken, shall be recorded in the appropriate Section of the Incident Book. Section 177A of the Licensing Act 2003 does not apply to this condition.

   

  7.              Cellar Vie shall have an arrangement in place with a local cab firm to ensure staff can call for a cab for any customer wanting one or so that customers can call a cab themselves. A notice displaying the cab firm phone number must be displayed by the bar and entry door.

   

  8.              Notices asking customers to respect residents, leave the premises and area quietly, not to loiter outside the bar and not to remove any glasses, bottles or drinks from the premises shall be prominently displayed by the entry / exit doors.

   

  9.              A member of staff tasked for the purpose must be on duty by the entry / exit door from the end of permitted hours for licensable activities until all customers have left the premises on Friday and Saturday evenings and during non-standard timings. The staff member must politely remind all customers to leave the premises and area quietly, ensure they do not take glasses, bottles or drinks from the premises and that they do not loiter outside, politely asking any that do, to leave the area quietly.

   

  10.              The Designated Premises Supervisor or another personal licence holder shall be on the premises from 20:00 hours to 15 minutes after close on Friday and Saturday nights and during all non-standard timings.

   

  11.              An Incident Book must be kept on the premises and made available to the Police or Authorised Officers, which will recall the following:

   

  a)              All crimes reported;

  b)              Lost property;

  c)              All ejections of customers;

  d)              Any complaints received and the outcomes;

  e)              Any incidents of disorder;

  f)              Any seizure of drugs or offensive weapons;

  g)              Any faults in the CCTV system and any work undertaken on it including the Engineers details;

  h)              Any refusal in the sale of alcohol;

  i)              Any visits by a relevant authority or emergency service. Where Police are called a CAD number shall be obtained and recorded;

  j)              Details of the hourly external noise patrols.

   

  12.              No licensable activities shall take place outside after 00:00 hours. Section 177A of the Licensing Act 2003 does not apply to this condition.

   

   

   

• Annex 4 - The Plan

Premises Plans

• Plan Minor Variation 12 March 2019 - Page 1 of 1