Dorset Council, Weymouth and Portland AreaLicensing Services

SHARKY'S

9 CUSTOM HOUSE QUAY, WEYMOUTH, DORSET, DT4 8BG

Premises Licence WPPL0232 from from 24/11/2005 to 18/02/2017

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• 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.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as ancillary to his/her meal.

   

  Embedded Restrictions (para 6(8) Schedule 8 Licensing Act 2003)

   

  Alcohol shall not be sold or supplied except during permitted hours.

   

  In this condition, permitted hours means:

   

  a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10.00am to 11.00pm.

  b. On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30pm.

  c. On Good Friday, 12 noon to 10.30pm.

  d. On Christmas Day, 12 noon to 3.00pm and 7.00pm to 10.30pm.

  e. On New Year’s Eve, except on a Sunday, 10.00am on New Year’s Eve to 11.00pm on New Year’s Day.

  f. On New Year’s Eve on a Sunday, 12 noon on New Year’s Eve to 11.00pm on New Year’s Day.

   

  The above restrictions 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/she is the child of the holder of the premises licence.

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

  3. He/she 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 premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  5. (a) He/she is in an area shown on the plan attached to the licence;

  (b) Meals and non-alcoholic beverages are available for sale for consumption in that area.

  (c) He/she is in the company of a person aged 18 or over.

  (d) He/she is there:

  (i) prior to 9.00pm; or

  (ii) between 9.00pm and 9.30 pm where he or the said person is consuming a meal purchased before 9.00pm.

   

  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.

   

  Licensing Act 1964, Section 68.

   

  68 Extension of permitted hours in restaurants, etc.

   

  (1)              In any premises to which either of the following paragraphs applies there shall be added to the permitted hours (so far as not otherwise comprised in them) for the purpose and in the part of the premises mentioned in subsection (2) of this section -

  (a)              where this paragraph applies, the period (, on (Christmas Day, ) between the first and second parts of the general licensing hours);

  (b)              where this paragraph applies, the hour following the general licensing hours;

  but for other purposes, or in other parts of the premises, the permitted hours shall be the same as if that paragraph did not apply to the premises.

   

  (2)              The addition shall be for the purpose of the sale or supply to persons taking table meals in the premises, and the consumption, of intoxicating liquor which is supplied -

  (a)              in a part of the premises usually set apart for the service of such persons; and

  (b)              for consumption by such a person in that part of the premises as an ancillary to his meal.

   

  (3)              Either or both paragraphs of subsection (1) of this section may be applied, in accordance with section 69 of this Act, to licensed premises or to premises in respect of which a club is registered, if the licensing justices for the district in which the licensed premises are situated are satisfied or, in the case of premises in respect of which a club is registered, the magistrates’ court is satisfied, that the premises are structurally adapted and bona fide used, or intended to be used for the purpose of habitually providing, for the accommodation of persons frequenting the premises, substantial refreshment to which the sale and supply of intoxicating liquor is ancillary.

   

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

   

  Not applicable - no hearing held.

   

• ANNEX 4 - PLANS

   

  Refer to 2 plans dated 18th July 2005 (Plan Nos AA15766A and B) drawn for Dorset Fire Brigade on a scale of 1:100 (submitted as part of an application to convert an existing licence to a premises licence under Schedule 8 to the Licensing Act) which forms part of the licence and should be read in conjunction with it.  Dated 22nd July 2005.