Dorset Council, Weymouth and Portland AreaLicensing Services

Caffeine

44 The Esplanade, Weymouth, Dorset, DT4 8DH

Completed application 061170 which is a Change of Supervisor for Premises Licence from 17/08/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• APPENDIX 1 - MANDATORY CONDITIONS

   

  1.              Designated Premises Supervisor

  No supply of alcohol may be made under this premises licence -

  (i)              at a time when there is no designated premises supervisor in respect of the premises licence, or

  (ii)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.              Every supply of alcohol under this premises licence must be made or authorised by a person who holds a personal licence.

   

  3.              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 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).

   

  4.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  5.              (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 licences 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.

   

  6.              The responsible person shall 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: 25 ml or 35 ml; and

  (iii)              still wine in a glass: 125 ml; and

   

  (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.

   

  Minimum Drinks Pricing

   

  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 + (DxV)

   

                Where -

  (i)              P is the permitted price

   

  (ii)              D is the amount 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)              “value 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 the 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.

   

  
  

• APPENDIX 2 - OPERATING SCHEDULE

   

  All staff working at the premises concerned with the sale of alcohol shall be trained in accordance with an accredited training scheme on the law relating to prohibited sales, the age verification policy adopted by the premises, drug awareness   and the conditions attaching to the premises licence

   

  All front of house staff to be trained to Level 2 Award in Conflict Management.

   

  Refresher training shall be provided at least once every 6 months.  A record shall be maintained of all staff training and that record shall be signed by the person receiving the training and the trainer.  The records shall be kept for a minimum of 12 months and made available for inspection by police, licensing or other authorised officers.

   

  A refusals book shall be maintained and shall be checked and signed by one of the management staff on a weekly basis. The refusals book shall be kept on the premises and made available for inspection by Licensing, Police and other authorised officers.

   

  An incident log shall be kept at the premises. The log shall include the date and time of the incident and the name of the member of staff who has been involved.  and made available on request to an authorised officer of the Council or the Police, which shall record the following:

                o any complaints received

                o              any incidents of disorder

                o              any faults in the CCTV system / or searching equipment /or scanning equipment

                o              any refusal of the sale of alcohol

                o              any visit by a relevant authority or emergency service

                o              all crimes reported to the venue

                o              all ejections of patrons

                o              all seizures of drugs or offensive weapons

                This log to be checked on a weekly basis by the DPS of the premises.

   

  Challenge 25 shall be operated at the premises where the only acceptable forms of identification are (recognised photographic identification cards, such as a driving licence or passport or Holographically marked PASS scheme identification cards). Appropriate signage advising customers of the policy shall prominently displayed in the premises.

   

  All seated areas including the outside area will be regularly monitored both by staff and CCTV and tables will be cleared at regular intervals.

   

  A CCTV system shall be installed to cover all entry and exit points enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public, whilst the premises is open for licensable activities. It shall operate during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31days with correct date and time stamping. Recordings shall be made available immediately upon the request of Police or an authorised officer of the council throughout the preceding 31-day period. The CCTV system shall be updated and maintained according to police recommendations.

                                                                                

  A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

   

  CCTV shall be downloaded on request of the Police or authorised officer of the council. Appropriate signage advising customers of CCTV being in operation, shall be prominently displayed in the premises.

   

  A documented check of the CCTV shall be completed weekly to ensure all cameras remain operational and the 31 days storage for recordings is being maintained.

   

  Refresher training shall be provided at least once every 6 months for staff members conversant in CCTV operation.

   

  At least 1 SIA registered door supervisor will be available from 2200hrs on each floor when licensable activities are taking place on that floor. There shall be a minimum of 2 SIA registered door supervisors on duty each Friday, Saturday, and New Year’s Eve from 2200hrs until close and the last customers have dispersed.

   

  If it is intended to show any major sporting event on a television within the premises (other than Snooker or Pool tournaments, golf, motor racing events, athletics competitions or tennis or cricket matches), or to hold any function, special event or live music, the Premises will conduct a written risk assessment to determine whether it is appropriate to deploy door supervisors for a period of time before the event is scheduled to start, during the event and for a period of time after the event is scheduled to end and will deploy door supervisors in accordance with the outcome of the risk assessment. Such risk assessments will also be conducted at the request of the police in respect of any other event scheduled to take place at the premises. Copies of all risk assessments shall be retained on the premises for a minimum period of 6 months and shall be made available for inspection by police and other authorised officers on request.

   

  The premises will actively participate in any local Town Watch initiative. A senior member of staff shall attend all Pub Watch meetings (or any successor scheme) unless an emergency arises preventing such attendance and the premises will support Pub Watch initiatives.

   

  There will be a communication link via radio to other venues in the town centre. This will be the system recognised by Dorset Council and Dorset Police.

   

  A suitably trained and competent person must ensure weekly safety checks of the premises, decorative and functional fixtures, floor surfaces and equipment (including electrical appliances) to which the public may come into contact are undertaken.  Records of these safety checks must be kept and made available for inspection by an authorised officer.

   

  There shall be no admission or re-admission to the premises after midnight on any occasion, save for patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, and such patrons will not be permitted to take drinks or glass containers with them after midnight.

   

  Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

   

  The Premises Licence Holder/Designated Premise Supervisor will prominently display notices which inform customers that open bottles or glasses may not be taken off the premises.

   

  The Designated Premises Supervisor will ensure that a ‘Daily Record Register’ is maintained on the premises by the door staff. The Daily Record Register will contain consecutively numbered pages, the full name and registration number of each person on duty, the employer of that person and the date and time he/she commenced duty and finished duty (verified by the individual’s signature).

   

  The Daily Record Register will be retained on the premises for a period of twelve months from the date of the last entry and made available to an authorised officer from the Licensing Authority or Police on request.

   

  The Designated Premises Supervisor shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

   

  There shall be a clear visible notice displayed on the premises advising those attending that the Police shall be informed if anyone is found in possession of controlled substances or weapons.

   

  The Premises Licence Holder/Designated Premise Supervisor will inform Dorset Police as soon as possible of any search resulting in a seizure of drugs or offensive weapons.

   

  The outside of the premises including any outside seating area will be regularly monitored by staff and CCTV to ensure that the licensing objectives are being upheld.

   

  From 2200hrs daily the outside area will be used only by those temporarily leaving the premises for the purposes of smoking.

   

  Signs will be displayed at the exit requesting customers to leave the area quietly, having regard for residents.

   

  Staff will encourage customers to leave quietly.

   

  A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

   

  Written records of all accidents and safety incidents involving members of the public and/or staff will be kept. These will be made available at the request of an authorised officer.

   

  All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises or in the vicinity of the premises

   

  A Supervisor’s Register will be maintained at the licensed premises, showing the names, addresses and up-to-date contact details for the Designated Premise Supervisor and all personal licence holders.

   

  There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

   

  A welfare procedure for dealing with unwell or intoxicated customers will be in place, including those who appear to be affected by drugs. Staff will be appropriately trained in such procedures.

   

  No waste will be removed from the premises during the hours of 2000hrs - 0800hrs.

   

  No deliveries to the premises will take place between the hours of 2000hrs -0800hrs.

   

  All openable doors and windows shall remain closed during periods of regulated entertainment except for access/egress.

   

  A Noise Management Plan (NMP) shall be submitted in writing 1 month after the provision of any premises licence.  It shall include the following matters:

                o              Use of a cooling down period and the timings associated with it.

                o              No entry policy and how this is to be managed.

                o              Monitoring of any regulated entertainment, by whom, and when.

                o              Noise control measures in place at the premises both physical barriers, speaker alignment etc. and any management controls.

                A new/updated NMP shall be produced if any changes are made that are likely to see an increase in the volume/style of regulated entertainment.  The written report shall be submitted to the Local Authority Licensing Section for agreement and as such will form part of the Premises Licence.

   

  Monitoring of regulated entertainment shall occur after 21.00hrs, and in each and every hour, thereafter whilst regulated entertainment is being played.  Any monitoring and comments shall be recorded and listed with any actions taken, and by whom.  All records shall be kept a minimum of 1 month and shall be accessible on request to an authorised officer of the Council or the Police.  Monitoring shall take place at the rear of the premises and at the front of the premises on the opposite side of the street.