Licensing Section -EHDCEast Hants District Council

Market Hotel

3 Market Square, Alton, Hampshire, GU34 1HD

Completed application 023623 which is a Minor Variation Application for Premises Licence from 10/03/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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

   

  Embedded provisions

   

  It is a condition of your licence that you comply with the existing provisions of the following enactments:

   

  Children & Young Persons Act 1933

  Cinematograph (Safety) Regulations 1955

  Sporting Events (Control of Alcohol etc) Act 1985

   

  Not more than 150 persons shall be permitted to be on the premises at any one time.

   

  Prevention of Crime and Disorder objectives

  Providing a 30 minute extension of opening hours.

   

  SIA NUMBERS

  On Friday and Saturday (and Christmas Eve and New Years Eve if they do not fall on either a Friday or Saturday), from 21:00 until the closing time of the venue, 2 SIA door supervisors shall be employed at the premises. 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

  At least one female SIA licensed door supervisor should be available if female customers are to be the subject of searches. (There is no requirement for the venue to employ female security staff.)

  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 summery of the circumstances. This must be completed as soon is 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. 2 members of door staff are to patrol the vicinity of the venue for 15 minutes after closing, to assist with safe dispersal from the area.  The doorstaff are to be identified by wearing high visibility tabards as used during normal door staff duties.

  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, date of birth 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 an employee of the licence holder, the name of the person by whom that person is employed or through whom the services of that person were engaged;

  (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

  CCTV

  The licence holder shall comply with the following requirements concerning the use of CCTV at the premises.

   

  Operation and Storage.

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

  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.

  A record shall be kept of any access made to information held on the system.

  The system will 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 31 days evidential quality recordings. The images produced will be date and time stamped.

  A notice will 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.

  Access

  It is important that the Police are able to access data from the systems quickly and easily and therefore provision shall be made for someone to have access to the secure area and also be able to operate the equipment at all times.

  Ensure all operators receive training from the installer when equipment is installed and that this is cascaded down to new members of 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 for the purpose of the detection of crime as long as the request is lawful and complies with the data protection Act.

   

  Public Safety objectives

  Function bookings will be limited to 100 persons. The existing capacity of 150 persons is retained but will apply to the main building of the pub only.

   

   

  Prevention of Public Nuisance objectives

  The patio area to the rear of the Premises to be closed at 2300 hours Sunday to Wednesday and 2400 hours Thursday to Saturday and  the area to the front of the Premises, in The Market Square, to be closed at 2400 hours.

   

  No live music entertainments will be provided in the outside patio areas.

   

  When live music is provided windows/doors will be kept closed from that time (except as required for the entry and exit).

   

  The volume of recorded music will be reduced to background level after 00.00

   

  Protection of children from harm objectives

  Children will be permitted on the premises between 00.00 and 07.00 as bone fide residents in the letting rooms

  Photographic proof of age will be required of anyone seeking to buy alcohol who appears to be under 21 years old

   

   

  1. A responsible member of staff will regularly monitor the outside area from 22:00 hours until closure on Thursdays, Fridays, and Saturdays and also Bank Holidays and 'Event Days' (for avoidance of doubt this does not mean a member of staff has to be permanently located outside).

   

  2. No licensable activities or consumption of alcohol to take place outside after midnight.

   

  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

• Annex 4 - The plan

Premises Plans

• Plan 01.03.12 - Page 1 of 2
• Plan 01.03.12 - Page 2 of 2