HyndburnLicensng Department

The Crows Nest

3 Barnes Square, Clayton - le - Moors, Lancashire, BB5 5NX

Completed application 055873 which is a Suspension Lifted for Premises Licence from 31/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• Mandatory Conditions where the licence authorises the sale of alcohol

   

  1              No supply of alcohol may be made under the premise licence -

   

  (a) at a time when there is no designated premise supervisor in respect of the    licence , or

   

  (b) at a time when the designated premise supervisor does not hold a personal licence, or his licence has been suspended.

   

    2                             The supply of alcohol under a premises licence must be made or authorised by a      

  person who holds a personal licence.

   

  Irresponsible Drinks Promotions - Mandatory Conditions

   

  3.              (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).

   

      

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

   

  Age Verification Policy - Mandatory Condition

   

  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 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.

   

   

  Availability of different Measures - Mandatory Condition

   

  6.              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.

   

   

  Alcohol 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 purpose of the condition set out in paragraph 1-

   

  (a)              “duty” is to be construed in accordance with the Alcohol 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 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 premise licence -

   

  (i)              The holder of the premise licence

  (ii)              The designated premise 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 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.              (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

   

   

• Conditions Consistent with the Operating Schedule

   

  All staff who are involved in the sale of alcohol must be trained in relation to the licensing objectives so as to reduce crime and disorder, promote public safety, prevent public nuisance and promote the protection of children from harm.  Said training must be documented and must be made available to an authorised officer upon request.  All staff must receive training to prevent under age sales of alcohol.   All staff to receive regular refresher training to prevent underage sales.  This training to be documented and details of training to be made available on request.

   

  A CCTV system must be installed, covering both external and internal at the premises and must meet the following criteria:

                       The system will display on any recording the time and date of the said recording;

                       The system must be recording whenever the premises is open to the public;

                       Any recordings must be retained for a minimum of 28 days after they were made and must be produced to the Police or the Local Authority authorised officers. 

                       Members of the Management will be trained in the use of the system.

   

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

   

                       A recognised proof of age card accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS)

                       A passport

                       A UK photocard Driving Licence

                       Official ID card issued by HM Forces or EU bearing a photograph and the date of birth of the holder;

                       Any other form of identification agreed with a representative of the Police Licensing unit.

                       Citizen card supported by the Home Office

   

  A refusals book shall be maintained to record all challenges and refused sales to persons who cannot comply with the above conditions.

   

  Appropriate signage alerting customers to the use of CCTV must be displayed in a conspicuous position at the premises.

   

  All exits and escape routes to those exits (including external escape routes) from the premises shall be  be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.

   

  All fixtures, fittings and aparatus must be kept in a safe and sanitary condition.

   

  Staff must be given adequate training to prevent them causing unnecessary noise when they leave the premises and prominent, clear notices must be displayed at all points where staff and patrons leave the building to respect the needs of local residents and leave the premises and area quietly.

   

  Numbers of local taxi services will be available for staff and patrons to enable them to leave the premises in a timely manner.

   

  Delivery and removal services to take place no later 18:00 in a quiet manner.

   

  No unaccompanied minor will be allowed on the premises (under 16 years of age).  Parents to be made aware that children are to be supervised at all times.