Dorset Council, Weymouth and Portland AreaLicensing Services

Waverley

121 Abbotsbury Road, Weymouth, Dorset, DT4 0JX

Completed application 038965 which is a Transfer Application for Premises Licence from 05/02/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1.Designated Premises Supervisor

  No supply of alcohol may be made under this 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.

   

  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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The restrictions on the sale/supply of alcohol do not prohibit:

   

  a)              sale or supply of alcohol to any person residing in the licensed premises;

  b)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  c)              the sale of alcohol to a trader or club for the purposes of the trade or club;

  d)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  e)              the taking of alcohol from the premises by a person residing there; or

  f)              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  g)              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

   

  1)              He is the child of the holder of the premises licence.

  2)              He resides in the premises, but is not employed there.

  3)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  4)              The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Crime and Disorder

   

  (1)              The holder of the premises licence will ensure that there is a specific period of 30 minutes between when licensable activities cease and the premises closes.

   

  (2)              The holder of the premises licence will ensure that no customers take glasses or open bottles from the premises.

   

  (3)              The premises shall be conducted at all times decently, soberly and in an orderly manner.  No offensive or obscene performances shall be permitted.

   

  Public Safety

   

  (4)              The holder of the premises licence will ensure that all escape routes are kept unobstructed, free of trip` hazards and are clearly identified.

   

  (5)              The holder of the premises licence will ensure that adequate and appropriate supplies of first aid equipment and materials are available, taking into account the capacity of the premises;

   

  (6)              The holder of the premises licence will ensure that all fire-fighting equipment on the premises is serviced and maintained so as to be available for use at any time.

   

  (7)              The holder of the premises licence will ensure that in the absence of adequate daylight, the lighting in any area accessible to the public is fully operational when they are present.

   

  (8)              The holder of the premises licence will ensure that:

  (a)              all safety checks are carried out before the admission of the public to the premises.

  (b)              a record of all safety checks, tests, examinations, fire drills and / or                                           accidents are kept in a Log Book.

   

  (9)              The holder of the premises licence will ensure that any Emergency Lighting system is maintained in working order at all times and is not altered without approval from the Dorset Fire & Rescue Service.

   

  (10)              The holder of the premises licence will ensure that all fire-fighting equipment on the premises is serviced and maintained so as to be available for use at any time.

   

  (11)              The maximum number of people, including staff, permitted to be present on the premises during licensed hours shall be in the Public Bar 90 and in the Function Room 80 or as notified to you from time to time in writing by the Dorset County Council as the Fire Authority.

   

  (12)              All steps shall be taken as respect the structure and layout of the premises and the equipment provided therein to reduce danger to life from fire as in the opinion of the Fire Authority are reasonable having regard to the number of persons likely to use the premises.

   

  (13)              No alterations or additions shall be made to the premises without prior notification of at least 21 days to the Fire Authority.

   

  Prevention of Public Nuisance

   

  (14)              The holder of the premises licence will ensure that:

  (a)              prominent and clear notices / instructions are displayed at all relevant exit points instructing customers / staff to respect the needs of local residents and not to cause unnecessary noise when they leave the premises.

  (b)              public address announcements are made instructing customers / staff not to cause unnecessary noise when they leave the premises.

   

  (15)              Each external door and window opening from the area covered by the Licence to the outside must be kept closed whilst music or any amplified sound is being played/produced.  If the external doors are required for the entrance or exit of clients, there must be a lobby to prevent breakout of noise with at least one set of internal doors and at no time shall both the external and internal doors be open at the same time. No measures whatsoever, whether by pinning back, propping open or other means, are to be taken to keep either set of doors open.

   

  (16)              Where amplified music (either recorded or live) is being played a tamper-proof sound limiting device must be installed at the premises to the level set in agreement with the Council.  All amplified music (either recorded or live) played on the premises must be subject to the control of the sound limiting device.

   

  Protection of Children from Harm

   

  (17)              The holder of the premises licence will ensure that

  (a)              "proof of age" is required for any sale / supply of alcohol that takes place where there is a suspicion on the part of the person selling or supplying the alcohol that the customer is under 18 years of age;

  (b)              "proof of age" is required when the presence of children is restricted to all or part of the premises, or at certain times;

  (c)              such proof of age conforms to the PASS accreditation system, photo driving licence, student cards and passports.

   

  The attached standard conditions (from the converted licence) also apply to this premises licence (Paragraph 6(8) Schedule 8 Licensing Act 2003).

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not applicable - no hearing held.

• ANNEX 4 - PLANS

   

  Refer to plan (Drawing number 203564) dated 12th December 2004 drawn by J  Sheridan, Roman Surveyors for Punch Taverns on a scale of 1:100 with the location of the premises shown on a scale of 1:500 (submitted as part of an application to convert an existing licence to a premises licence under Schedule 8 to the Licensing Act 2003) which forms part of this licence and should be read in conjunction with it.