Duke of Wellington

Blackburn Road, Great Harwood, Blackburn, Lancashire, BB6 7DE

Premises Licence PL0217 from from 04/12/2019 to 22/09/2020

Licence holder(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

   

   

   

   

• ANNEX 2 - CONDITIONS IMPOSED IN ACCORDANCE WITH THE OPERATING SCHEDULE & UNDER PARAGRAPH 6(6) & 6(8) SCHEDULE 8 LICENSING ACT 2003

   

  The premise shall operate in accordance with the plan deposited with the Council on 12/8/14

   

  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 dispatch 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.

   

  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.

   

  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.

   

  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

   

  No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery

   

  All fire doors will be effectively maintained self closing and shall not be held open by other than an approved device

   

  Notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  All external doors and windows shall be kept closed when amplified regulated entertainment is being provided except in the event of an emergency or to facilitate immediate access or egress.

   

  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

   

  No person under the age of 16 years shall be allowed to enter or remain on the premises after 2200 hours except on 24th and 31st December.

   

  All persons under the age of 18 must be accompanied by an adult whilst on the premises.

   

  Incident log to be kept on site and shall be maintained to record all challenges and refused sales.

   

  A notice or notices shall be displayed in the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  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)

           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

   

  The premise licence holder and staff at the premise will  always participate fully in any Police initiatives.

   

  Barstaff must all be  instructed not to serve anyone who looks drunk.

   

  All staff will be trained on fire evacuation procedure.

   

  All fire exits and doors will be kept clear.

   

  All safety checks carried out when necessary.

   

  Emergency tests carried out regularly.

   

  Regular toilet and spillage checks carried out.

   

  Door staff fully aware of pub watch banned list.

   

  Door staff empty pub efficiently over the course of drinking up time, ensuring no crush to get out.

   

  Live Music to be permitted midday until midnight Sunday to Saturday in the ground floor of the premises only.

   

  From midnight the designated smoking area for the premises will be the front of the premises.

   

  The surrounding area of the premises will be swept clean every day.

   

  All staff will be trained in alcohol sales and training documented and made available at Police and authorised local authority officer request.

   

  That the premises will when opening beyond 1am always utilise at least one SIA registered door supervisor on duty until closing.

   

  That the premises will formulate and document a working risk assessment policy to determine a requirement for extra door supervisors on duty at these times or any material times deemed necessary by the management.

   

  That the premises will use plastic or polycarbonate glassware after 1am and that the only glass used will be bottles however risk assessments will be carried out on the need to decant such bottles if the management deem necessary.

   

  That the premises will have fully recordable CCTV systems in place and recordable footage will be retained for at least 30 days. Footage will be made available at Police request and staff will be trained in how to facilitate downloads.

   

  Monday to Wednesday the premises will alter the specific licenensable activity times to 9am to 2am with alcohol sales ending at 01.30am and premises closing at 2am except on 20 occasions a year, details of which will be notified to the Police Licensing Unit at least 48 hours in advance when all licensable activities will conclude at 03.30 and premise close at 04.00am.

   

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

   

  The beer garden at the rear of the premises will close at 23.00 Monday to Sunday.

   

  On evenings when the premises is opening past midnight the two picnic benches on the front of the premises nearest to Church Street will be moved to the ground floor entrance/exit to the first floor.

   

  The licence holder or his representative will agree to instructions on the noise levels from a Hyndburn Borough Council Environmental Health Officer.

   

  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.

   

  The permitted times for all licensable activities on Bank Holidays are as follows -

   

  Friday                                                                                                   midday -  04.00

  Saturday                                                                                               10.00   -  04.00  

  Sunday (preceding a Bank Holiday Monday)                          10.00    - 04.00

   

   

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

   

  Not applicable.

• ANNEX 4 - PLANS OF PREMISES

   

  New plan submitted 18 November 2019