Agenda item

Consideration was given to the report of the Senior Licensing Officer regarding an application for a Premises Licence in respect of Cineworld, Dalton Park Outlet Shopping Centre, Murton, Co Durham (for copy of report, see file of minutes).

A copy of the application, location plan and supporting documents had been circulated.

The Applicant’s Agent within the consultation period had negotiated additional conditions with the Local Safeguarding Children’s Board, a copy of which had been circulated.

After the consultation period mediation had taken place between the Applicant’s Solicitor and Durham Constabulary. As a result the Applicant had amended their operating schedule, a copy of which had been circulated.

PCSO M Haigh on behalf of Durham Constabulary indicated that mediation had been unable to take place due to holidays. A copy of the mediated conditions could be seen at Page 106 of the report, which included the reduction in the sale of alcohol from 10.00 am to 2.00 am Monday to Sunday and the Performance of dance/live music and recorded music from 10.00 am to 2.00 am Monday to Sunday. The conditions were to protect children from harm and condition number 9 only allowed customers 2 alcoholic drinks. Durham Constabulary had also agreed to deliver child exploration training to staff every two years which they had taken on board but was not a condition on the licence.

Mr R Taylor of Gosschalks Solicitor, the Applicants Agent and Mr S Bruce, Regional Manager of Cineworld were in attendance and Mr Taylor indicated that they were hoping to open the cinema on the 9 September 2016. They needed a premises licence for films 24 hours a day, 7 days a week as films are released at various hours. Alcohol was a small part of the business but the same procedures would be applied as elsewhere which was two alcoholic drinks per ticket. The application had been amended to 2.00 am for the sale of alcohol and on sale only and the provision of music was just in case, which had been amended to 2.00 am. They would commend the application in its amended form.

At 10.25 am the Sub-Committee retired to deliberate the application in private. After re-convening at 10.30 am the Chair delivered the Sub-Committee’s decision. In reaching their decision, Members had taken into account the written and verbal representations of the Applicant and the written representations of Durham Constabulary. Members also considered the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved:

That the application for a premises licence be granted as follows:-

The conditions agreed between the Applicant and the Responsible Authorities and approved by the Sub-Committee are outlined below:-

1.       Written protocols will be in place detailing Policies, Procedures, Roles and Responsibilities in the effective implementation and management of the licensing objectives. This documentation will be held ‘on site’ and made available to Responsible Authorities on reasonable request.

2.       Authorised staff employed by Durham Police shall have free access to all parts of the licensed premises, at all reasonable times, for the purpose of inspection to ensure compliance with the terms and conditions of the premises licence and to ensure the promotion of the licensing objectives.

3.       All staff training records will be signed, held ‘on-site’ and made available to Responsible Authorities on reasonable request.

4.       A digital colour CCTV system will be installed and maintained to Home Office standards and recordings stored for a minimum of 28 days. The system will incorporate a ‘Battery Back-up’ system to enable continuous recording in case of any power blackout/failure. The premise will ensure that at least one trained member of staff is available to operate the system at all times the premise is open and download any images requested by an authorised officer at reasonable request.

5.       Notices will be clearly displayed at the entrance and around the premise stating CCTV is in operation.

6.       The premises will provide suitable devices (USB or disc) for the storage of downloaded images and these devices will be securely stored. These devices will be made available to Responsible Authorities on reasonable request.

7.       The premise will maintain an incident book and record/report all instances of disorder both inside and directly outside the premise. This documentation will be held ‘on-site’ and made available to Responsible Authorities on a reasonable request.

8.       Customers will be asked to leave if they are found to have brought their own alcohol into the cinema, and a record will be made of this ejection.

9.       In order to purchase alcohol, a customer must present a valid adult/unlimited ticket and if necessary the appropriate Challenge 25 documents. There will be a limit of two alcoholic drinks per ticket which will be stamped upon service of alcoholic drinks. Tickets bearing two stamps will not be valid for further alcohol purchases.

10.    Alcohol shall only be decanted into plastic glasses for consumption in auditoriums at all times.

11.    The use of two-way radios to facilitate communication between management and staff will be in place.

12.    The Designated Premises Supervisor (DPS) will actively work with the local Beat Officers/PCSOs in the reporting of any incidents connected to the premise.

13.    The licensee shall display prominent notices in appropriate positions within the premises reminding customer to leave quietly.

14.    The premises will operate a Challenge 25 scheme – notices setting out this policy will be displayed at all points of sale and within the premises.

15.    A ‘Proof of Age’ scheme will operate including photographic identification at the box office and ticket check.

16.    All age-restricted films (those classified by the BBFC as 12A, 15 or 18) will be strictly controlled by staff to prevent admittance by those under age.

17.    Photographic ID may be requested at any performance.

18.    All auditoriums will be patrolled regularly by staff and these patrols will be recorded and made available for inspection by police or an authorised officer on reasonable request.

19.    No unaccompanied children under 12 years of age will be admitted to film performances commencing after 20:00 hours.

20.    No unaccompanied children under 16 years of age will be admitted to film performances commencing after 22:00 hours or before 07:00 hours.

21.    A ‘Refusal Register’ will be held within the premise and all refusals will be logged along with any behaviour associated with the refusal. All staff will be trained in its use. The Refusals Register will be made available to relevant authorities on request.

22.    Alcohol will only be allowed in auditoria showing a film rated 12A and above by the British Board of Films Classification or during a streamed live performance of ballet, opera, theatre or music concert.

23.    All staff involved in the sale of alcohol shall be properly trained in accordance with the Premises Licence holders own training programme and staff will complete refresher training every six months.

24.    Maintain a refusals register - where a sale of alcohol is refused if a person appears intoxicated or appears to be under 18, a refusal register to be updated. The register to be made available to the police on request.

25.    Training of staff – all staff responsible for selling age restricted goods to be trained to implement the age verification policy. Staff training to include the risk from proxy sales. Training records for staff to be maintained and refresher training to be provided annually.