Dorset Council, Weymouth and Portland AreaLicensing Services

DUKE OF ALBANY

DUKE OF ALBANY, 51 PARK STREET, WEYMOUTH, DORSET, DT4 7DE

Completed application 037489 which is a New Application for Premises Licence from 27/01/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• APPENDIX 1 - MANDATORY CONDITIONS

   

  The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

   

   

  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

   

  Crime and Disorder
   

                       A Closed-Circuit Television (CCTV) system will be operational at the premises at all times when licensable activities are being carried out and at any other times when members of the public are present on the premises.

                       The CCTV system will cover all areas of the premises occupied by the public under the terms of the licence (licensed areas), including corridors and stairways (excluding WCs and changing rooms).

                       The CCTV system will cover the main entrance/s and exit/s and designated emergency egress routes from the premises.

                       The CCTV system will cover all external areas of the premises occupied by the public, i.e. queuing areas, beer gardens, smoking areas and car parks.

                       The location of CCTV cameras are identified on the site plan of the premises. No amendments to the locations of the cameras will be made without prior consultation with Dorset Police and the Licensing Authority

                       The CCTV system will be of a resolution quality which will enable the identification of persons and activities, and other fine details such as vehicle registration number plates in any light condition.

                       The CCTV system will contain the correct time and date stamp information.

                       The CCTV system will have sufficient storage retention capacity for a minimum of 31 days’ continuous footage.

                       The CCTV footage will be controlled and kept in a secure environment to prevent tampering or unauthorised viewing.  A record will be kept of who has accessed the system, the reason why and when.  This record must be made available to Police/Licensing on request.

                       A designated member/members of staff at the premises will be authorised to access the CCTV footage and be conversant with operating the CCTV system.  At the request of an authorised officer of the Licensing Authority or a Responsible Authority (under the Licensing Act 2003) any CCTV footage, as requested, will be downloaded immediately or secured to prevent any overwriting. The CCTV footage material will be supplied, on request, to an authorised officer of the Licensing Authority or a Responsible Authority with the absolute minimum of delay.

                       The CCTV system will be capable of securing relevant pictures for review or export at a later date.

                       The CCTV system will be adequately maintained and be capable of transporting recorded material onto a removable media.

                       The CCTV system replay software must allow an authorised officer of the Licensing Authority or Responsible Authority to search the picture footage effectively and see all the information contained in the picture footage.

                        It must be possible to replay exported files immediately e.g. no re-indexing of files or verification checks.

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

                       The Supervisors Register will state the name of the person who is in overall charge of the premises at each time that licensed activities are carried out, and this information will be retained for a period of twelve months and produced for inspection on request to an authorised officer.

                       The PLH/DPS staff will ask for proof of age from any person appearing to be under the age of 21 who attempts to purchase alcohol at the premises.

                       The PLH/DPS staff will ask for photographic identification in the form of either a passport, EU photographic driving licence or PASS accredited identification, from any person appearing to be under the age of 25 who attempts to purchase alcohol at the premises.

                       A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale, a description of the person refused, why they

                       were refused (e.g. no ID, fake ID) and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of a Responsible Authority (Licensing Act 2003).

                       Drinks, open bottles and glasses will not be taken from the premises at any time. Empty bottles and glasses will be collected regularly and promptly. Glass and other sharp objects will be stored and disposed of using tamper proof receptacles. Receptacles will be secured and not accessible to the customers.

                       The PLH/DPS will prominently display notices which inform customers that open bottles or glasses may not be taken off the premises

                       Plastic or toughened polycarbonate (or similar) glasses/bottles will be used when requested by Dorset Police (e.g. football match days or at certain times i.e. after 23:00 hours).

                       Alcohol Designated Public Places Orders
  Notices indicating the existence and effect of an Alcohol Designated Public Places Order will be prominently displayed at the exits to the premises.

                       The PLH/DPS will belong to a recognised trade body or Pub Watch Scheme where one exists, whose aims include the promotion of the licensing objectives.

  The PLH/DPS will operate to a written dispersal policy which ensures the safe and gradual dispersal of customers from the premises. The policy will be agreed with Dorset Police. The PLH/DPS will ensure that staff receive training on the policy and a record of training shall be kept/made available to an authorised officer upon request.
  
  Public Safety

   

                       The number of persons permitted in the premises at any one time (including staff) shall not exceed 80 persons.

                       Before opening to the public, checks will be undertaken to ensure all accesses to the premises are clear for emergency vehicles. Hourly checks will be undertaken when the premises are open. 

                       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.

                       During opening hours the cellar door must be kept locked or supervised to prevent unauthorised access by the public.

                       A suitably trained and competent person must ensure monthly 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.

                       Empty bottles and glasses will be collected at least hourly, paying particular attention to balcony areas and raised levels.

                       Electrical installations will be inspected on a periodic basis (at least every 3 years or at a frequency specified in writing) by a suitably qualified and competent person. Inspection records/certificates will be kept and made available at the request of an authorised officer. If used, any temporary electrical wiring and distributions will also be inspected. Inspection records/certificates will be kept. These will be made available at the request of an authorised officer.

                       One of the following protective measures shall be used for all socket-outlets which may be used for the connection for lighting, video or sound amplification equipment and display models:
  a)              Each socket-outlet circuit will be protected by a residual current device having a rated residual operating current not exceeding 30mA, or
  b)              Each individual socket-outlet will be protected by an integral residual current device having a rated residual operating current not exceeding 30mA.
  The current operation of all residual current devices will be checked regularly by pressing the test button.  If the device does not switch off the supply, an electrical contractor should be consulted.  At the same time action should be taken to prohibit the use of socket outlets associated with a faulty residual current device.

             Monthly  safety checks of guardings to stairs, balconies, landings and ramps will be undertaken, and a supervision policy will be maintained to prevent people from inappropriate behaviour, including climbing which may lead to a fall from height.

             Safety glass that is impact resistant or shielded to protect it from impact will be used in all areas where the public may come into contact with it. (N.B. for windows and doors etc).

             A written spillage policy will be kept to ensure spillages are dealt with in a timely and safe manner.  All staff will be made aware of the policy.

             Members of the public will be prevented from accessing hot food and drink preparation areas to prevent risk of scald or burns.

              A suitably trained First Aider or appointed person to deal with first aid issues will be provided at all times when the premises are open.

             First Aid equipment and materials adequate for the number of persons on the premises will be available on the premises at all times.  All staff will be made aware of first aid location.

             A procedure for dealing with unwell members of the public will be in place including those who appear to be affected by alcohol or drugs. Staff will be appropriately trained in such procedures
   

  Prevention of Public Nuisance
   

                       Licensable activities will be conducted and operated so as to prevent the transmission of audible noise or perceptible vibration through the fabric of the building or structure to adjoining properties.

                       Noise from a licensable activity at the premises will be inaudible at the nearest noise sensitive premises. 

                       There will be no external loudspeakers.

                       All windows and external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

                       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.

                       Bottles will not be placed in any external receptacle after 23.00 hours and before 07.00 hours to minimise noise disturbance to neighbouring properties.

                       No deliveries to the premises shall be arranged between 23:00 hours and 07:00 hours.

                       All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

                       Noise from plant or machinery will be inaudible at the nearest noise sensitive premises during the operation of the plant or machinery. Plant and machinery will be regularly serviced and maintained to meet this level.

                       The PLH/DPS will ensure patrons use beer gardens, external areas and play areas in a manner which does not cause disturbance to nearby residents and business in the vicinity. Patrons will not use such areas after 23:00 hours.

                       The activities of persons using the external areas will be monitored after 20:00 hours and they will be reminded to have regard to the needs of local residents and to refrain from shouting and anti social behaviour etc when necessary.

                       There shall be no admittance or re-admittance to the premises after Midnight

                       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks with them.

                       The PLH/DPS will adopt a “cooling down” period where music volume is reduced towards the closing time of the premises e.g. for the last hour of opening.

                       Procedure to ensure that local residents and businesses are not disturbed by customers entering and or leaving your premises: Inspection by DPS

                       Clear and legible notices will be displayed at exits, car parks and other circulatory areas requesting patrons to leave the premises quietly having regard to the needs of local residents, in particular emphasising the need to refrain from shouting, slamming car doors, sounding horns and loud use of vehicle stereos and anti-social behaviour.

                       The premises supervisor and any door supervisors will monitor the activity of persons leaving the premises and remind them of their public responsibilities where necessary.

                       A facility will be provided for customers to order taxis/private hire vehicles. Telephone numbers for taxi firms/private hire companies will be displayed in a prominent position on the premises.

                       There shall be no admittance or re-admittance to the premises after Midnight.

                       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks with them.
   

  Protection of Children from Harm

   

                       The PLH/DPS will provide an adequate number of suitable adult supervisors who can provide care for the children as they move from stage to dressing room etc, and to ensure that all children can be accounted for in case of an evacuation or an emergency.

                       All supervisors and crew will receive instruction on the fire procedures applicable to the venue prior to the arrival of the children

                       The PLH/DPS will ensure that all special effects e.g. flashing lights, dry ice, smoke etc are safe for the children involved in the performance.