Bay Horse Hotel

543 Manchester Road, Baxenden, Accrington, Lancashire, BB5 2QJ

Completed application 053128 which is a Transfer Application for Premises Licence from 08/04/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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 & UNDER PARAGRAPH 6(6) & 6(8) SCHEDULE 8 LICENSING ACT 2003

   

  Alcohol shall not be sold or supplied except during permitted hours. The above restrictions do not prohibit:

   

  Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

   

  The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

   

  The sale of alcohol to a trader or club for the purposes of the trade or club;

   

  The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

   

  The taking of alcohol from the premises by a person residing there; or

   

  The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

   

  The supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  Where there is an entertainment for children or an entertainment at which the majority of the persons attending are children, then if the number of children attending the entertainment exceeds 100 it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the building or an part thereof, and to take all reasonable precautions for the safety of the children.

   

  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.

   

  Wherever such product is available, all drinks will be dispensed using toughened glass.

   

  There shall be a zero tolerance drugs policy in place to the standard referred to in Paragraph 7.61 to 7.64 Statutory Guidance to the Act and Safer Clubbing.

   

  The premises shall be closed upon police requests during the occasion of a local football match.

   

  The Premises licence holder and the designated premises supervisor shall at all times comply with the Portman Group Code of Practice and with the requirements or recommendations of any Portman Group Retailer Alert Bulletin.

   

  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. 

   

  Persons who persistently cause a disturbance outside the premises either before or after visiting shall be banned from the premises.

   

  Non-regulated background music shall not be played in the beer garden after 2200 hours.

   

  All external lighting of the premises shall be extinguished at the terminal time for alcohol sales.

   

  All staff who are involved in the sale of alcohol will 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 will be documented and will be made available to an authorised officer upon request.

   

  All internal lobbied doors, fire exit doors and external windows will be closed during the hours of regulated entertainment except in the event of an emergency and for the purposes of access and egress.

   

  The 'beer garden' shall be closed to customers at 22.00 hours on Sunday to Thursday and 23.00 hours Friday and Saturday.

   

  Consumption of alcohol is not permitted in the 'private yard' (smoking shelter) after 22.00 on Sunday to Thursday and after 23.00 on Friday and Saturday.

   

  Members of staff will regularly check the 'private yard' (smoking shelter) after 22.00 on Sunday to Thursday and after 23.00 on Friday and Saturday to ensure customers are not consuming alcohol.

   

  The premises will recommend a taxi firm that has a no horn policy and operates a call back system.

   

  The premises will have a dispersal policy in place.

   

  No person under 16 years of age shall be allowed to enter or remain on the premises after 22.00.

   

  No person under 18 years of age shall be allowed to enter or remain on the premises unless accompanied by a responsible adult.

   

  A 'Challenge 25' Policy shall be adopted and enforced at the premises whereby any person who appears to be under the age of 25 shall be required to provide identification to prove that they are over the age of 18 before they are permitted to purchase alcohol. The only forms of acceptable identification will be:

   

                       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

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

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

   

  All staff who are involved in the sale of alcohol will be trained in relation to the 'Challenge 25' policy upon the commencement of their employment, following which they will undertake refresher training at suitable intervals. Said training will be documented and will be made available to an authorised officer upon request.

   

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

   

  The system must 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 are made and must be produced to an authorised officer upon request.  Such request have to be in accordance with the Data Protection Act;

  As a minimum, the system must capture images of the head and shoulders of any person entering the premises through the public entrances.

   

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

   

  On Friday and Saturday the Designated Premise Supervisor, or a nominated member of staff, will carry out a detailed risk assessment prior to opening the premises to ascertain if any SIA door supervisors are required, and if so, how many.

   

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

   

  Not applicable.

• ANNEX 4 - PLANS OF PREMISES

   

  Attached.