HyndburnLicensng Department

The Attic

Second Floor, 48 Warner Street, Accrington, Lancashire, BB51HN

Completed application 033373 which is a Change of Supervisor for Premises Licence from 01/04/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Supply 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 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.

   

  Exhibition of films

  1. Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  2. Where the film classification body is specified in the licence, unless subsection (3)(b) applies the admission of children to the exhibition of any film is to be restricted in accordance with the recommendations made by the specified film classification body.

   

  3. Where;

  (a) The film classification body is not specified in the licence, or

  (b) The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  4. In this section ‘children’ means persons aged fewer than 18; and ‘film classification body’ means the person or persons designated as the authority under section 4 of the Video 

  Recordings Act 1984 (c.39) (authority to determine suitability of video works for 

  classification).

   

  Door supervision

  1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:

   

  (a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

  (b)  Be entitled to carry out that activity by virtue of Section 4 of the Act.

   

  2. But nothing in subsection 1. Requires such a condition to be imposed:

   

  (a) In respect of premises within paragraph 8(3) (a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or

  (b) In respect of premises in relation to:

   

  (i) Any occasion mentioned in paragraph 8(3) (b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising films or under a gaming licence, or

  (ii) Any occasion within paragraph 8(3) (d) of that Schedule (occasions prescribed by regulations under that Act.

   

  3. For the purposes of this section:

   

  (a) “Security activity” means an activity to which paragraph 2(1) (a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act,

  (b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

  Age verification policy

   

  1 The premises licence 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 licence 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.

   

  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(6);

  (b) ‘Permitted price’ is the price found by applying the formula -

        P = D + (D x V)

   

  Where

  (i) P is the permitted price,

  (ii) D is the rate 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) ‘Valued 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 this 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)

  (a) Sub-paragraph (2) below 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.

   

  (b) 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.

   

  The following conditions apply where the licence or certificate authorises ‘on’ or ‘on and off’ sales.

   

  Irresponsible drinks promotions

  1. 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).

   

  2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  Alcoholic drink measures

   

  The responsible person must 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;

  (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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  The premise will operate in accordance with the plan deposited on 4/3/15

   

  Prevention of crime and disorder

   

  CCTV

   

  That the premises will have a high quality colour CCTV system which is recordable on a hard drive system.

  This system will have the capability to retain recorded images for at least 28 days in a viewable format.

  There will always be a trained member of staff on duty at the premises to facilitate the prompt downloading of any CCTV images at the Police or authorised Local Authority officer request.

  The CCTV system will cover the stairs, main bar, the new function room and any outside smoking areas of the premises.

   

  All staff concerned with the supply or sale of alcohol will receive documented staff training in relation to underage and Proxy sales.

   

  Persons who appear to be under the age of 25 years shall be required to produce proof of age by way of one of the following:

         *A recognised proof of age card accredited under the British Retail  

          Consortiums Proof of Standards Scheme (pass)

         *Photo driving Licence

         *Passport

         *Citizen card supported by the Home Office

         *Official ID card issued by HM Forces or European Union bearing a 

         *photograph of the Holder

   

  Door Supervisors

   

  Prior to each occasion that licensable activities take place, a risk assessment will be carried out and an appropriate number of SIA registered door supervisors will be utilised at the premises in accordance with said risk assessment, which will be documented and made available to an authorised officer on request. As a minimum at least one door supervisor will be utilised from 22.0 hours on a Friday and Saturday night with additional door supervisors being utilised from 02.00 hours on both Friday and Saturday nights until patrons have dispersed.

   

  For any under 18 events at least 2 licensed registered Door Supervisors will be on duty at least half an hour prior to the event and remain until at least half an hour after the event ceases.

   

  The premises will utilise a Door Supervisors record or log detailing the times on and off duty with Door staff signing on and off for each duty worked and noting licence badge numbers.

   

  Random searches will take place

   

  Full co-operation with police

   

  Member of Pubwatch scheme and any other relevant groups

   

  All individuals who carry out security activities must be licensed by the Security industry Authority.

   

  Police radio in working order.

   

  Public safety

   

  Staff training on all Health and Safety aspects

   

  Regular fire checks and tests

   

  Regular toilet checks for drugs

   

  To ensure all relevant H&S procedures are followed and staff are trained.  Display of H&S posters

   

  All fire escapes to be clear and checked each day of opening

   

  Vigilance from myself and all staff with regard to alcohol people’s limits etc., ensuring they are not served alcohol

   

  All incidents will be logged in a book which will be made available for inspection

   

  No smoking signs displayed.

   

  Prevention of public nuisance

   

  To keep noise at safe levels depending on time of day

   

  To ensure people leave venue in quiet order by use of myself and door staff

   

  Signage to indicate customers who are intoxicated will not be served, will be displayed

   

  Protection of children from harm

   

  Underage Events

   

  All under 16 events will cease at 2300 hours unless the event is preceding a school day when the event will cease at 2200 hours.

   

  There will be no alcohol sales or supply at any under 16 events and any AWP machines will be switched off during such events.

   

  At any 16 plus events  - all under 18’s will be off the premises by no later than 2330 hours and a single drinks service system only will be in operation until all under 18’s have left the premises.

   

  For any under 18 events held at the premises the Eastern Division Licensing Unit must be notified in writing with at least 7 days’ notice.

  An email will suffice if agreed between the Licensing Officer and applicant.

   

  All under 18 underage events held at the premises will be governed by a comprehensive documented Risk Assessment policy which should follow Lancashire Constabulary licensing guidelines and be agreed by the local Police Licensing Unit responsible for the Accrington area.

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

   

  Not applicable.

• ANNEX 4 - PLANS OF PREMISES

   

  Attached.