Dorset Council, Weymouth and Portland AreaLicensing Services

NEW VIC

41 - 43 THE ESPLANADE, WEYMOUTH, DORSET, DT4 8DH

Completed application 058533 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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

   

  Prevention of Crime and Disorder

   

  (1)              The holder of the premises licence will ensure that, if and when necessary, SIA registered door staff will be employed to control the admission of customers and generally to provide control and the prevention of public disorder or nuisance.

   

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

   

  (3)              The holder of the premises licence will not introduce, or take part in, any irresponsible sales promotion or discounting of prices of alcoholic beverages.

   

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

  (a)              the text / radio pager equipment is maintained in working order at all times;

  (b)              the pager link be activated, made available to and monitored by the Designated Premises Supervisor, or other appropriate member of staff with day to day responsibility for running the premises, at all times when the premises are open to the public.

   

  (5)              Until such time as the operators give not less than one month’s written notice to Dorset Police to the contrary, the premises will be members of Pubwatch (whilst such a forum is in existence) and will participate in any reasonable Pubwatch initiative (eg. Banned from one, banned from all).

   

  Public Safety

   

  (6)              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.

   

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

   

  (a)              the Designated Premises Supervisor, or other appropriate member of staff with day to day responsibility for running the premises, immediately calls the Dorset Fire and Rescue Service in the event of any outbreak of fire, however slight;

  (b)              the details of any outbreak of fire are recorded in a Fire Log Book;

  (c)              Insofar as there is direct control, all reasonable steps will be taken to keep access for emergency vehicles clear.

   

  (8)              The holder of the premises licence will ensure that all escape routes and exits, including external exits, are properly maintained in good order with non slippery and even surfaces.

   

  (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 adequate and appropriate supplies of first aid equipment and materials are available, taking into account the capacity of the premises.

   

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

   

  (a)              the premises are not altered in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence by the deletion of the condition in question;

  (b)              any such application to vary the licence by the deletion of a condition must include other steps that the licence holder intends to take to promote public safety.

   

                Prevention of Public Nuisance

   

  (12)              The holder of the premises licence will ensure that noise and vibration are not allowed to emanate from the premises so as to cause nuisance to nearby properties.  In particular external doors opening from the areas covered by the licence must be kept closed whilst music or any amplified sound is being played/produced.  No measures whatsoever, whether by pinning back, propping open or other means, are to be taken to keep any exterior or internal lobby doors open.

   

  (13)              When amplified music (either recorded or live) is being played, a tamper-proof sound limiting device must be installed at the premises and set to the levels agreed with the Council.  All amplified music (either recorded or live) must be subject to the control of the limiting device.

   

  (14)              The holder of the premises licence will ensure that the premises are adequately ventilated so that noxious smells do not cause any nuisance to neighbouring properties.

   

  (15)              The holder of the premises licence will ensure that any lighting outside the premises does not cause nuisance to neighbouring properties by way of excessive brightness, flashing and / or pulsating.

   

  Where such lighting is considered necessary by the Dorset Police to prevent crime and disorder, this condition shall not be applied.

   

                Protection of Children from Harm

   

  (16)              The holder of the premises licence will ensure that access to the premises for all unaccompanied children under the age of the 12 is prohibited after 23.00.

   

  (17)              No entertainment of an adult nature will be provided at the premises.

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

   

  Not applicable - no hearing held.

   

• ANNEX 4 - PLANS

   

  Refer to plan dated 18th October 2002 No. AF16036A (licensable area highlighted in blue) prepared/drawn by C.G.J. for Dorset Fire and Rescue Service (submitted as part of an application to convert an existing licence to a premises licence under Schedule 8 to the Licensing Act 2003 dated 21st July 2005) which forms part of this licence and should be read in conjunction with it.