HyndburnLicensng Department

Mint Tree

Harwood House, 1 Glebe Street, Great Harwood, Nr Blackburn, BB6 7AA

Completed application 038084 which is a Cancellation/Surrender for Premises Licence from 24/11/2005 to 12/09/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• 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
• a performance of a play

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 IMPOSED IN ACCORDANCE WITH THE OPERATING SCHEDULE

   

  A personal licence holder will be on the premises from 8pm, Monday to Sunday.

   

  Whenever the DPS is not at the premises a responsible person nominated by them shall be left in charge of the premises.

   

  The licence holder and/or the designated premises supervisor or a person nominated by them shall be a member of and regularly attend at the meetings of the Pub and Club Watch schemes for the area within which the premises is located.

   

  A log book shall be maintained at the premises, in which shall be recorded the following details:

  ()       The door supervisor's name;

  ()       His/her Security Industry Authority licence number;

  ()       The time and date he/she starts and finishes duty;

  ()       Each entry shall be signed by the door supervisor.

  That logbook shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  The premises will fully co-operate and participate in all Police led initiatives.

   

  All bar staff are instructed not serve customers who are drunk.

   

  All staff are trained on the fire evacuation procedures.

   

  Emergency testing carried out regularly.

   

  SIA approved door supervisors won’t admit customers who are underage or on pubwatch.SIA approved door supervisors will empty the bar efficiently as at the end of every night, and over the course of half an hour drinking up time, ensuring there is no crush to leave the premises.

   

  The consumption of alcohol is not permitted in any outside areas of the premises.

   

  The door adjacent to the bar which leads to the toilets and smoking area must remain closed at all times, other than use for access and egress.

   

  The inner entrance doors to the premises, other than for access and egress, must remain closed at all times.

   

  Amplified music and speech shall only be played in rooms where adequate sound insulation is provided.

   

  Loudspeakers will not be sited or directed where they will cause disturbance to occupiers of neighbouring premises.

   

  DJ's and other performers will be informed prior to events taking place, not to disturb occupiers of properties in the neighbourhood from their activities.

   

  Adequate provision will be made so that any external area does not give rise to any disturbance within the vicinity.

   

  There will be no loud speakers or amplification equipment used in external areas.

   

  Staff will be trained so that customers’ behaviour does not disturb residents when they arrive or depart from the premises.

   

  Deliveries, collections and operational servicing will only be carried out between 08.00 and 18.00 hours.

   

  Visiting delivery drivers will be informed to switch their vehicle engines off and to minimise noise from any of their other activities.

   

  Noise and vibration from extract ventilation systems, air conditioning, refrigeration units and compressors will not cause disturbance to occupiers of neighbouring properties.

   

  All plant and machinery will be maintained and serviced in line with manufacturers’ instructions.

   

  Premises will be provided with ventilation that does not discharge so as to cause disturbance to occupiers of neighbouring properties.

   

  When under 18 events are held no alcohol is to be served to anyone on the premises.

   

  A CCTV system shall be operated and in working order at the premises, internally, externally and on the entrances to the premises to the satisfaction of Lancashire Constabulary and shall be used to record during all hours that the premises are open to the public. All cameras to be fully operational to the satisfaction of the Police by 30/6/08.

   

  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days or other lesser period agreed with the Divisional Police Licensing Officer, Lancashire Constabulary

   

  The maximum capacity of the premises including staff and entertainers shall be 250. 

   

  All members of staff concerned in the sale of alcohol shall receive documented training in relation to under age sale prevention. The documented information and training records must be available for inspection to an officer of a responsible authority.

   

  There shall be in place for the premises a written policy to prevent the sale or supply of alcohol to persons under 18 years of age. 

   

  Persons who appear to be under the age of 21 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 Age 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 and birth of the holder

   

  There shall be a zero tolerance drugs policy in operation referred to in the Statutory Guidance to the Act and Safer Clubbing publication.

   

  All members of staff to receive document training in relation to drugs and the premises own drugs policy. The documented information and training records must be available for inspection to an officer of a responsible authority.

   

  The premises will conduct documented toilet checks every 20 minutes. The documented information must be available for inspection to an officer of a responsible authority.

   

  Sales of alcohol for consumption off the premises shall cease at 2300 hours with the exception of staff members who may purchase alcohol for consumption off the premises at the end of their shift should it end after 2300 hours.

   

  When disabled persons are present on the premises there shall be in place arrangements for their safe evacuation in the case of an emergency or other reason.  Details of those arrangements shall be recorded in writing and all staff employed on the premises shall be aware of those arrangements.

   

  The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in contrasting colours or other similar means.

   

  All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained and free from obstruction.  All such doors and gates shall be capable of being opened easily and fully and shall open in the direction of the escape route.

   

  All exit routes and doors on such routes shall be checked on every occasion before the premises is used for purposes of a licensable activity and at regular occasions when the premises are open to the public to ensure that they are free from defect, obstruction, trip hazards and surfaces are not slippery.  A record of the initial inspection, any defects discovered and the remedial action taken shall be made in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

   

  Where any automatic self-closing fire-resisting doors activated by a fire alarm or fire detection system are fitted within the premises they shall not be prevented from closing by any device and shall be marked to both sides of the doors so that they are clearly visible and positioned at or about eye level with the words "FIRE DOOR KEEP CLEAR" in block letters not less than 50mm high when the premises are open to the public.

   

  Whilst the premises are open any chain, padlock or any other device used to lock an exit door when the premises are not in use shall be removed.

   

  Noise from music and associated sources (including D.J.'s and amplified voices) shall not be audible at the boundary of any neighboring residential premises at any time.

   

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

   

  There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public notices requiring customers to leave the premises and the area quietly. (Note: this may also include a reference to vehicles).

   

  Door supervisors and other members of staff to request customers to leave quietly and have respect for their residential neighbors.

   

  The licensee shall request that staff arriving early morning or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbance to nearby residents.

   

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

   

  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 two SIA registered door supervisors will be utilised from 22:00 hours until 15 minutes after closing every Friday and Saturday night, Sunday preceding a Bank Holiday, all Bank Holidays, Christmas and New Year’s Eve.

• ANNEX 4 - PLANS OF PREMISES

   

  Attached.