Dorset Council, Weymouth and Portland AreaLicensing Services

38 Maiden Street

38 Maiden Street, Weymouth, Dorset, DT4 8BA

Completed application 071517 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 28/04/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• APPENDIX 1 - MANDATORY CONDITIONS

   

  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

   

  The Premises Licence will not come into effect until the lease for 38 Maiden Street, in Mr Kristian Barkers name has been produced to the licensing Authority.

   

  Prevention of crime and disorder

   

  The Premises Licence Holder shall ensure that an “Incident report register” is kept in a bound book, in which full details of all incidents and any complaints received are recorded. This shall be completed as soon as possible and, in any case, no later than the close of business on the day of the incident or complaint. The time and date when the report was completed, and by whom, is to form part of the entry as is any action taken. The register is always to be kept on the premises and shall be produced to an authorised officer of the Licensing A uthority or the Police when required. 

   

  A CCTV system shall be installed at the premises. The CCTV system shall be maintained in working condition and record the premises 24 hours every day. Recordings to be retained for a minimum of 28 days and be made available to the Police or officers of the Council upon request and be of evidential quality. 

   

  The equipment MUST have a suitable export method i.e. CD/DVD/USB facility so that the Police and officers of the Council can make an evidential copy of the data they require. This data should be in the native file format to ensure that no image quality is lost when making the copy. If this format is nonstandard (i.e. manufacturers proprietary), then the licence holder shall within 14 days of being requested supply the replay software to ensure that the video on the CD can be replayed by the Police and officers of the Council on a standard computer. Copies MUST be made available to the police and officers of the Council upon request. 

   

  Staff working at the premises will be trained in the use of the equipment and a log will be kept verifying this. 

   

  Cameras on the entrances must capture full frame shots of the heads and shoulders of ALL people entering the premises, i.e. capable of identification. 

   

  There shall be signs displayed in the customer area to advise that CCTV is in operation. 

   

  Should the CCTV become non-functional this will be reported immediately to the Licensing Authority. 

   

  CCTV cameras shall monitor all areas used by premise patrons including any external area to monitor numbers and prevent crime and disorder. 

   

  Public Safety

   

  The Premises Licence Holder shall ensure that there are appropriate management controls to ensure that the occupancy figure is not exceeded at any time (see condition 1 under Appendix 3).

   

  Prevention of public nuisance

   

  Litter will be cleared on a regular basis.

   

  Notices will be posted reminding customers to vacate the premises in a quiet and peaceful manner.

   

  Proteciton of children from harm

   

  The Licensee will adopt a "Challenge 21" policy where all customers who appear to be under the age of 21 and attempt to purchase alcohol or other age-restricted products are asked for proof of their age. 

   

  The Licensee to prominently display notices advising customers of the "Challenge 21" policy. The following proofs of age are the only ones to be accepted: 

   

                Proof of age cards bearing the "Pass" hologram symbol

                UK Photo driving licence

                Passport 

   

  The Licensee will keep a written record of all staff authorised to sell alcohol, the record to contain the full name, home address, date of birth and national insurance number of each person so authorised. The staff record to be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police. 

   

  The Licensee will ensure that each member of staff authorised to sell alcohol has received adequate training on the law with regard to age restricted products and that this has been properly documented and training records kept. The training record to be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police. 

   

  The Licensee will ensure that each member of staff authorised to sell alcohol is fully aware of his /her responsibilities in relation to verifying a customer's age and is able to effe ctively question purchasers and check evidence of proof of age. 

   

  The Licensee will ensure that each member of staff authorised to sell alcohol is sufficiently capable and confident to confront and challenge under - 18s attempting to purchase alcohol. 

   

  The licence holder will keep a register of refused sales of all age- restricted products (Refusals Book). 

   

  The refusals book will contain details of time and date, description of the attempting purchaser, description of the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the salesperson refusing the sale. 

   

  The Refusals book will be examined on a regular basis by the Licensee and date and time of each examination to be endorsed in the book. 

   

  The Refusals Book will be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police. 

   

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

   

   

  1              The occupancy shall be limited to 50 customers (ground floor bar, restaurant and mezzanine floor).  The occupancy figure includes customers and performers but not employees.

   

  2              Alcohol may only be supplied to customers who are, engaging, or have engaged, in a sit-down table meal, as an ancillary to that meal, or who have booked a sit-down table meal and are waiting for their table, or who have ordered a substantial take away meal.

   

  3              A staff member shall monitor the behaviour of any customer who leaves the premises, including temporarily, to ensure that customers do not take alcohol out of the premises or smoke in the alleyway between Maiden Street and St Mary Street.

   

Premises Plans

• - Page 1 of 2
• - Page 2 of 2