Dorset Council, Weymouth and Portland AreaLicensing Services

Sambos

51 THE ESPLANADE, WEYMOUTH, DORSET, DT4 8DQ

Completed application 039230 which is a Transfer Application for Premises Licence from 31/03/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

• ANNEX 1 - MANDATORY CONDITIONS

   

  Sale of Alcohol

   

  1)              No supply of alcohol may be made under the premises licence:             

               

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

                b) at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.             

               

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

   

  3)              (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children:-             

               

                (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 other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);             

               

                (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;             

               

                (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on:-             

                              (i) the outcome of a race, competition or other event or process, or             

                              (ii) the likelihood of anything occurring or not occurring;             

               

                (e) 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.             

               

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).             

               

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.             

                             

  6)              (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.             

               

                (2) 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 a holographic mark.             

               

  7)              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 - 25ml or 35ml;             

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

               

                (b)              customers are made aware of the availability of these measures.             

   

  Door Supervisors

   

  Any individual employed to carry out a security activity must be licensed by the Security Industry Authority

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Prevention of Crime and Disorder             

               

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

                (a)              the CCTV system and cameras are maintained in working order at all times, in accordance with guidance issued by the Dorset Police crime prevention officer;             

  (b)              all recordings are kept for 30 days.             

               

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

               

  (3)              Where a condition is attached to the licence requiring the provision of individuals to carry out security activities, such as door supervision, the holder of the premises licence will ensure that:             

  (a)              security personnel are provided at all times whilst the premises are open to the public;             

  (b)              all security personnel wear a name badge as identification;             

  (c)              each person employed to carry out security activities carries proof of his/her registration with the Security Industry Authority.             

  (d)              when supervisors are required to undertake body searches, at least one female supervisor is available to undertake the searches of female customers.             

  (e)              One door supervisor to be present on the second floor “liquid lounge” when performance of dance is taking place for the purpose of supervising the dancing.             

               

               

  Public Safety             

               

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

                (a)              when disabled people are present on the premises, there are adequate arrangements to enable their safe evacuation in the event of an emergency;             

  (b)              any disabled people on the premises are made aware of those arrangements.             

               

  (5)              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.             

               

  (6)              The maximum number of people, including staff, permitted to be present on the premises during licensed hours shall be 400 in total on the ground floor and first floor or as notified to you from time to time in writing by the Dorset County Council as the Fire Authority.             

               

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

  (a)              the capacity limit of 400 imposed under this licence is not exceeded at any time;             

  (b)              arrangements exist to ensure that the Designated Premises Supervisor, or other appropriate member of staff with day to day responsibility for running the premises, is aware of the number of people on the premises at any time;             

  (c)              the number of persons on the premises is provided to any authorised person when requested.             

               

  (8)              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.             

               

  (9)              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             

               

  (10)              Each external door 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.             

               

               

  (11)              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.             

               

               

  Protection of Children from Harm             

               

  (12)              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.             

               

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

  (a)              no persons under the age of 18 years will be allowed within the licensed               area on the second floor.             

                             

  (b)              Nothing shall be done, recited, sung, exhibited or performed, and no dancing shall be permitted which is obscene, indecent, profane or improper, or is likely to cause a breach of the peace.                           

                             

                Striptease or similar dancing is permitted by this licence by adherence to the additional special conditions listed below:                           

                             

                (i)              Striptease entertainment shall only take place on the premises within the licensed area on the second floor.             

               

                (ii)              Only activities which have previously been agreed in writing by the Licensing Authority ("the approved activities") shall take place.                           

                             

                (iii)              The approved activities will take place only in designated areas approved by the Council and in the full view of the audience. Dressing room(s) must be provided and shall not be accessible to members of the audience.                           

                             

                (iv)              (a)              Activities involving one or more performer(s) in close physical contact with either another performer or member(s) of the audience, are not permitted either in the designated area or other location in the premises;                           

                                                          (b)              There shall be no physical contact between the customers and any performer before, during or after the performance.  Notices outlining this shall be clearly displayed at every table, be on display at the entrance of the premises and each bar area, in the following terms:                           

                             

                'Physical contact between members of the audience and performers is prohibited'                           

                             

                (v)              The striptease entertainment shall be given only by the performers and audience participation shall not be allowed or permitted as part of the entertainment.                           

                             

                (vi)              Whilst striptease entertainment is taking place, no person under the age of 18 shall be on the licensed premises on the second floor and a clear notice shall be displayed at each entrance to the premises in a prominent position so that it can be easily read by persons entering the premises using the following words:-                           

                             

                'No person under 18 will be admitted'                           

                             

                (vii)              The performers shall at all times wear appropriate clothing to cover their genitalia adequately and the clothing shall not be transparent.                           

                             

                No performers shall at any time reveal any part of their genitalia or anus.                           

                (viii)              Performers shall be aged not less than 18 years.                           

                             

                (ix)              The DPS, or other appropriate member of staff with day to day responsibility for running the premises shall be present on the premises during the entertainment to ensure compliance with these 'special conditions'.  In addition there shall be a nominated female present to oversee the activities of female performers, and likewise a nominated male present to oversee the activities of male performers.             

  (14)              No advertising outside the premises and no advertisements inside the building to be visible from outside the premises.             

               

  (15)              No leaflet advertising to take place prior to 9pm.             

               

  (16)              The performance of dance will only take place between 21:00 and 04:00 daily.             

               

  (17)              The flat on the top floor of the premises will be used exclusively as a changing room and rest area for the dancers.

   

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

   

  Hearing held on 12 April 2007.             

               

  No additional conditions imposed (beyond those offered in the variation application

• ANNEX 4 - PLANS

   

  Refer to 2 plans detailing premises arranged over 4 floors ie basement, ground, first and second floors (the areas of licensable activities shown in red) submitted as part of an application to convert an existing licence to a premises licence under Schedule 8 to the Licensing Act 2003 dated 2nd August 2005, which forms part of this licence and should be read in conjunction with it.