Commercial Hotel (The)

62 Commercial Road, Great Harwood, Blackburn, Lancashire, BB6 7HX

Completed application 057556 which is a Change of Supervisor for Premises Licence from 25/06/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• ANNEX 1 MANDATORY 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

   

   

• 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.

   

  No person under 14 years of age shall be in the bar of the licensed premises during the permitted hours unless one of the following applies;

  (1)              He is the child of the holder of the premises licence;

  (2)              He resides in the premises, but is not employed there;

  (3)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress;

  (4)              The bar is in the railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  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 premises licence holder or club premises certificate holder when permitting for hire or reward, the building to be used for the purpose of an entertainment, shall take all reasonable steps to ensure the observance of the provision of the above provision

   

  No person under the age of 16 years and no child aged 16 years shall take part in any performance to which Section 37 (2) of the Children and Young Persons Act 1963 applies, and in which his life or limbs are endangered.

   

  A CCTV system shall be operated at 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.

   

  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 no irresponsible drinks promotions which would contravene the British Beer and Pub Association Code of Practice on Point of Sales Promotions

   

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

   

  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

   

  A system of emergency lighting shall be installed and maintained in the premises

   

  A fire alarm shall be installed and maintained in the premises

   

  Fire extinguishers and fire blankets detailed in Annex 4 shall be maintained readily available for use

   

  There shall be annual inspection of the Gas, Electric and Emergency Lighting annually by a qualified engineer

   

  There shall be no more than 2 live performers at any one time

   

  No customer shall be allowed entry or re-entry to the premises after 2300 hours

   

  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. 

   

  Any juke box music will be reduced to non-licensable background level after 2200 hours

   

  NO PERSON UNDER THE AGE OF 18 YEARS SHALL BE ALLOWED TO ENTER OR REMAIN ON THE PREMISES AFTER 1900 HOURS.

   

  NO PERSON UNDER THE AGE OF 18 YEARS SHALL BE ALLOWED TO ENTER OR REMAIN ON THE PREMISES UNLESS ACCOMPANIED BY A PERSON WHO IS AT LEAST 18 YEARS OF AGE.

   

  Any Section 34(5)(e) Gaming Act 1968 or Category C Gambling Act 2005 machine shall be sited within view of the bar

   

   

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

   

  Not applicable.

• ANNEX 4 - PLANS OF PREMISES

   

  Attached.