Berkley Club Limited

Willow Street, Accrington, Lancashire, BB5 1LP

Completed application 047650 which is a New Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.

   

  Mandatory condition where Door Supervisors are provided

  All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)

   

   

   

  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

   

  Any promotional material must make it clear (to the reasonable lay person) that any promotion does not involve the provision of an unspecified or unlimited quantity of alcohol of a fixed price.

   

  Upon commencement of their employment, 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.  Refresher training must be provided at least once every six months and all training must be documented and made available to an authorised officer upon request.

   

  The premises must be an active member of any local 'pub watch' or equivalent scheme where such is in existence.

   

  There must be a personal licence holder on the premises at all times that licensable activities are taking place, except in the case of emergencies.

   

  Customers must not be permitted to leave the premises with drinks in unsealed containers.

   

  A comprehensive CCTV system must be installed internally and externally at the premises and must meet the following criteria:

   

                       The system must display on any recordings the time and date of 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 are made and must be produced to an authorised officer upon request, so long as said request is in accordance with the principles of the Data Protection Act or any subsequent or alternative legislation;

   

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

   

  A competent person trained in the use of and operation of the CCTV system must be in attendance at the premises at all times that licensable activities are taking place.  Said person must be available to fully operate the CCTV system and be able to download data in a recognised format when requested.

   

  An incident register of all occurrences and ejections form the premises must be maintained at the premises and any details of public order offences must be recorded.  Said register must be made available upon request to an authorised officer.

   

  Prior to any occasion on which licensable activities are to be carried on at the premises, a risk assessment must be carried out to determine whether door supervisors are required.  An appropriate number of door supervisors must be utilised from 22:00 until the last customer has left the premises.

   

  Whenever door supervisors are on duty, one door supervisor will be tasked with ensuring that customers do not congregate unnecessarily around the entrance to the premises.

   

  The premises must have a written zero tolerance drug policy which must be enforced at all times.

   

  The premises must have a written policy in relation to searching customers and must operate in accordance with said policy.

   

  All glasses must be made from polycarbonate or an equivalent non-glass material.

   

  The management of the premises must make sure that the area immediately outside of the premises is kept clean, tidy and free from litter.

   

  Refuse and/or bottles must not be placed into external receptacles between the hours of 18:00 and 08:00.

   

  On any occasion that regulated entertainment is carried on at the premises, regular assessments of the noise emanating for the premises must be undertaken.  Whenever said assessments indicate that noise is likely to cause nuisance to any local residents, remedial action must be taken.  A written record must be maintained detailing the time of the noise assessments, the identity of the person undertaking the assessment, the results of the assessment and any remedial action taken.

   

  The premises must have a written dispersal policy designed to encourage patrons to leave the venue and area quickly and quietly.

   

  There shall be no persons under the age of 18 permitted on the premises at any time that licensable activities are taking place, other than those who are attending a pre-arrranged, private function.

   

   

  A 'Challenge 25' Policy must be adopted and enforced at the premises whereby any person who appears 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 Consortium Proof of Age Standards Scheme (PASS)

  UK Photo driving licence

  Passport

  Citizen card supported by the Home Office

  Official ID card issued by HM Forces or European Union Member State bearing a photograph and birth date of the holder.

   

  All staff involved in the sale, supply or provision of alcohol must be trained in relation to the 'Challenge 25' Policy upon commencement of their employment, following which they must take refresher training at least once every 6 months. Said training must be documented and made available to an authorised officer upon request.

   

  'Challenge 25' posters must be displayed and must be visible at the entrance to the premises and from the point of sale of alcohol.

   

   

   

   

   

   

   

   

   

• A plan of the premises to which this licence refers is attached