Walmsley Arms

26 Queen Street, Great Harwood, Blackburn, Lancashire, BB6 7QQ

Completed application 041858 which is a Transfer Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• provision of late night refreshment
• a performance of live music
• any playing of recorded music

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)

   

   

  Mandatory condition for the showing of films

  During the showing of films, the admission of children must be restricted in accordance with recommendations given either by a body designated under section 4 of the Video Recordings Act  1984 (the British Board of Film Classification - BBFC) or by the licensing authority.

   

  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 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 customers carrying open or sealed bottles shall be admitted to the premises during the times this licence is in force

   

  All fire doors shall remain effectively 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 after 2200 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. 

   

  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

   

  The doors leading out of the beer garden will not be available for access and egress save in cases of emergency

   

  The CCTV system currently installed will be extended to monitor the outside areas of the premises

   

   

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

   

  All fire doors will be maintained effectively and filled with door closers and not held open other than with an approved device

   

  All staff will be trained in our fire evacuation policy.

   

  To keep noise level to a minimum.

   

  During recorded and live music checks will be in place to ensure music levels are ok.

   

  Children under 16 must be accompanied by an adult whilst on the premises other than which reside on the premises

   

  All doors and/or exits in the beer garden leading out of the premises shall be kept closed except in the event of an emergency.

   

  The premises utilises an incident log book recording in the said book any visits by the Police, incidents of crime and disorder, any ejections from the premises and any other incidents occurring in the premises. The book shall be available to the Police or an authorised officer upon request.

   

  CCTV shall be installed, maintained and operated at the premises and shall be used to record during all hours that the premises are open to the public. The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days.

   

  A notice or notices shall be displayed in and at the entrance to 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 staff shall receive training to prevent under age sales of alcohol. All staff receive regular refresher training to prevent underage sales. Training to be documented. Training records to be presented to the Police or an authorised officer upon request.

   

  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

  A refusals book shall be maintained to record all challenges and refused sales to persons who cannot comply with the above conditions.

   

  Conditions Imposed after a Review of the Premise Licence.

   

  The premise shall operate a last entry policy. On a Thursday and Sunday last entry or re-entry into the premise shall be 01.00hours and on a Friday and Saturday the last entry or re-entry into the premise shall be 02.00 hours.  This effectively means that on those days there will be no entry or re-entry into the premise in the hour before the last permitted sale of alcohol.

   

  When the premises are open for the purpose of carrying out licensable activities after 2300 hours on a Friday there must be at least one SIA registered door supervisor on duty from 2300 hours until the close of business.

   

  When the premises are open for the purpose of carrying out licensable activities after 2300 hours on a Saturday there must be at least two SIA registered door supervisors on duty from 2300 hours until the close of business.

   

  The door supervisors shall carry out regular checks of the perimeter of the premise.

   

  A record shall be kept on the premises by the DPS of every person employed on the premises as a door supervisor.  The record shall contain the following details

   

                       Name and address

                       Date of birth

                       His/her Security Industry Authority licence number

                       The date and time he/she starts and finishes duty

                       Each entry to be signed by the door supervisor

   

  That entry shall be kept and available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or the Police.

   

  Each week the DPS will carry out a detailed risk assessment prior to opening the premises to ascertain whether additional door supervisors are required to ensure that the premises is operating safely in order to promote the licensing objective for the prevention of crime and disorder.  The DPS will also take into account any advice provided by the Police on these occasions.  The risk assessment will be written in a format and available to the Police or the Licensing authority if requested for a period of 3 Months

   

  No customer shall be permitted to leave the premise (for the purpose of this condition the beer garden is included within the description of the premise0 whilst in possession of a drinking vessel, open bottle or other container used for the purpose of consuming alcohol.

   

   

   

   

• ANNEX 4 - PLANS OF PREMISES

   

  Attached.