Agenda item

6.         Decision of the Sub-Committee

 

            The application is granted on the following terms and conditions.

 

            Licensable activities and times permitted:

 

            J: Supply of Alcohol – On the premises

 

            Monday 10:00 to 21:00 hours

            Tuesday 10:00 to 21:00 hours

            Wednesday 10:00 to 21:00 hours

            Thursday 10:00 to 21:00 hours

            Friday 10:00 to 21:00 hours

            Saturday 10:00 to 21:00 hours

            Sunday 10:00 to 21:00 hours

             

L: Hours premises are open to the public

           

            Monday 09:00 to 21:30 hours

            Tuesday 09:00 to 21:30 hours

            Wednesday 09:00 to 21:30 hours

            Thursday 09:00 to 21:30 hours

            Friday 09:00 to 21:30 hours

            Saturday 09:00 to 21:30 hours

            Sunday 09:00 to 21:30 hours

           

           

Mandatory conditions:

 

As provided in the Licensing Act 2003, Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and the Licensing Act 2003 (Mandatory Conditions) Order 2014.

 

 

Conditions consistent with the operating schedule accompanying the application (M) (amended and updated to take into account the further conditions agreed with the Police and Environmental Health):

 

a)    General – all four licensing objectives

 

1.    Risk Assessments and Fire Risk Assessments will be undertaken to identify hazards to general public and staff. Staff will be required to evaluate risks, record findings and take appropriate action / precautions.

 

2.    Assessments referred to in condition 1 above should be undertaken periodically and updated as required in response to changes to operations. 

 

b)    The prevention of crime and disorder

 

3.    All requests for the sale of alcohol to intoxicated people will be refused.

 

4.    All incidents of criminal (or suspected criminal) activity must be reported to the police.

 

c)    Public safety

 

5.    There will be compliance with food safety legislation and the premises shall have designated first aider on site during its opening hours.

 

6.    There should be no overcrowding in the premises and capacity should be limited to that set by risk assessments for the premises.

 

7.    No glassware should be removed from the premises.

 

8.    Glass breakages will be cleared up immediately.

 

9.    Emergency exits must be kept clear at all times.

 

 

d)    The prevention of public nuisance

 

10.  No amplified music will be played at the premises and any background music will be kept to a minimum.

 

11.  There will be compliance with all smoking legislation and signs related to smoking will be displayed at the premises.

 

12.  Staff will ensure there is no loitering outside the premises and customers and staff must enter and leave premises quietly.

 

13.  Litter bins will be regularly cleared and bins should be kept away from public areas.

 

14.  Deliveries to the business will be carried out at such a time to minimise disturbance.

 

e)    The protection of children from harm

 

15.  Alcohol must be kept in a safe place.

 

 

Other conditions (as agreed between the Applicant and Hampshire Constabulary and Environmental Health, New Forest District Council prior to the hearing):

 

CCTV

 

16.  The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit.  The system will be able to cope with strobe lighting (where used) and all levels of illumination throughout the premises as well as outside areas.

 

17.  CCTV warning signs to be fitted in public places.

 

18.  The CCTV system must be operating at all times whilst the premises are open for licensable activity. 

 

19.  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.

 

20.  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.

 

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

 

22.  The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 days.

 

23.  A competent trained person in the use of and operation of the CCTV, nominated by the data controller, must be in attendance at the premises at all times that licensable activities take place. This person must be able to fully operate the CCTV system in order to download at the times of the visit onto a CD/DVD/USB stick any information lawfully requested by any Responsible Authority.

 

24.  Any images recovered must be in a format that can be viewed on readily available equipment without the need for specialist software.

 

25.  In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Hampshire Police Licensing Unit within 24 hours, and arrangements made to repair the fault without delay.

 

 

Incident book

 

26.  An incident book will be provided and maintained at the premises.  It will remain on the premises at all times and will be available to police for inspection upon request. 

 

27.  Any incidents that include physical altercation or disorder, physical ejection, injury, id seizure or drug misuse will be recorded in the incident book.  The entry is to include an account of the incident and the identity of all person(s) involved (or descriptions of those involved if identity is not known).  Should there be any physical interaction by members of staff and the public the entry will include what physical action occurred between each party.  The entry shall be timed, dated and signed by the author. 

 

28.  If the member of staff creating the entry has difficulties reading or writing then the entry may be written by another staff member. This should however be read back to the person creating the entry and counter signed by the person who wrote the entry.

 

29.  At the close of business on each day the incident book will be checked by the manager on duty where any entries will be reviewed and signed.  If incidents have occurred the duty manager will de-brief door staff at the close of business.  Should there be no incidents then this will also be recorded at the close of business in the incident book. 

 

30.  This record will be retained for 12 months.

 

Refusals book

 

31.  A written log 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 store manager/manageress.

 

32.  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.

 

33.  The record of refusals will be retained for 12 months.

 

Training

 

34.  Staff will be trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunk persons and the refusal of sale due to intoxication.  Records will be kept of such training which must be signed and dated by the member of staff who has received that training. 

 

35.  All staff will receive refresher training every six months as a minimum and records are to be kept of this refresher training which should be signed and dated by the member of staff who received that training. 

 

36.  All training records will be made immediately available for inspection by Hampshire Constabulary and any responsible Authority upon request.  Training records will be kept for a minimum period of two years. Training records will be kept on the licensed premises to which they relate to.

 

Challenge 25

 

37.  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.

 

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

 

39.  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.

 

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

 

 

Noise

 

41.  The use of the outside terrace area shall not be permitted after 21:00 hours;

 

42.  All external doors and windows shall be kept closed after 21:00 hours except for access and egress.