Agenda item

Consideration was given to the report of the Senior Licensing Officer regarding an application for a Premises Licence in respect of The Kiosk, Freemans Reach, Freeman Place, Durham (for copy of report, see file of minutes).

A copy of the application, location plan and supporting documents 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 was in attendance and indicated that he had been unable to mediate within the consultation period as both he and the applicant’s agent were on holiday.

Ms Smith from Sintons Solicitors who was representing the Applicant indicated that the Applicant was Salmon Bars Limited and Mr S Rostran a Director of the company was in attendance today. The business was a family company which also operated the City Hotel in Durham and the Castle Eden Inn, they were experienced officers and the days and hours were as set out in the report.

The company had taking on the lease of the Kiosk, Freemans Reach, Freemans Place, Durham which was an excellent location. The Kiosk was always earmarked as a restaurant/café bar from the outset. The Kiosk would operate full days and nights and would offer breakfasts, lunch and evening meals as well as quality drinks. It is a small venue with seating for 34 inside and external seating. It was a deli style bar and they had accepted the additional conditions which they had been unable to mediate prior to the deadline due to holidays.

A copy of the menu and business plan had been circulated to members at the meeting.

At 10.10 am the Sub-Committee retired to deliberate the application in private. After re-convening at 10.15 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.       The operator shall ensure that all times when the premises are open for any licensable activity there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.

2.       The operator and designated premises supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events.

3.       Substantial food and non-alcoholic beverages shall be available throughout permitted hours.

4.       Waiter or waitress service will be available at all times.

5.       No unaccompanied children under 16 years of age will be admitted to the premises after 21:30 hours.

6.       A CCTV system shall be designed, installed and maintained in proper working order to the satisfaction of and in consultation with Durham Police. Such a system shall:-

i)                 be operated by properly trained staff;

ii)               be in operation at all times that the premises are being used for a licensable activity;

iii)              ensure coverage of all entrances and exits to the licensed premises internally and externally;

iv)             provide continuous recording facilities for each camera to a good standard of clarity. Such recording shall be retained on paper, tape disc or otherwise (for a period of 28 days, or as described by the Licensing Authority/Police) and shall be supplied to the Licensing Authority or Police Officer on request;

v)               a CCTV monitor shall be located behind the bar area to allow continual monitoring by members of staff.

7.       The rights of entry permitted under s179 Licensing Act 2003 shall be extended to Police Community Support Officers employed by Durham Police.

8.       The maximum number of persons permitted on the premises at any one time shall not exceed the safe capacity as prescribed by fire safety legislation.

9.       The premises will provide written evidence of the maximum capacity for the premises and this will be displayed at the main entrance and exit. This capacity will be as stated in the fire safety risk assessment carried out in accordance with the Regulatory Reform (Fire Safety) Order 2005.

10.    The designated premises supervisor shall ensure that there are effective management arrangements in place to enable him/her to know how many people there are in the premises at times prescribed within the management risk assessment.

11.    No noise from the licensed premises, including noise from patrons, amplified music and live music shall be audible beyond the boundary of the premises so as not to cause nuisance to nearby residents.

12.    All members of staff at the premises shall seek credible photographic proof from any person who appears to be under the age of 25 years and is seeking to purchase and/or consume alcohol on the premises. Such credible evidence shall include a photograph of the customer which will either be a passport, photographic driving licence or proof of age carrying a PASS logo. The premises will record the name, date of birth and the type of ID documentation provided for those persons seeking to consume alcohol under the exemption provided within Section 150(4) of the Licensing Act and those records will be made available for inspection by the police or an authorised officer on reasonable request.

13.    Maintain a refusal 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.

14.    Training of staff – all staff responsible for selling age restricted goods to be trained to implement the age of 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.