ANNEX 1 - MANDATORY CONDITIONS
1.1
No supply of alcohol may be made under this licence
a. at a time when there is no designated premises supervisor in respect of it or,
b.
at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
1.2
Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
1.3.1. The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
1.3.2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
1.3.3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
1.3.4
(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
1.3.5. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures
A responsible person is defined in S153(4) of the Licensing Act 2003 as:
(a) in relation to licensed premises-
(i) the holder of a premises licence in respect of the premises,
(ii) the designated premises supervisor (if any) under such a licence, or
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,
(b) 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 him to prevent the supply in question.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1
When Christmas Eve and New Year's Eve fall on a day other than Friday or Saturday the terminal hour for licensable activities and the closing of the premises is extended by one hour.
2.2
The premises shall be operated in accordance with the principles outlined by the Night safe scheme as are relevant to the premises.
2.3
No person under the age of 18 shall be allowed on the premises after 20:00 hours unless taking a table meal and accompanied by an adult.
2.4
The premises shall be operated in participation with the "Pub Watch" scheme.
2.5
An adequate number of Licensed Door supervisors shall be on duty as appropriate to any risk assessment and in accordance with the guidance under the Night safe scheme.
2.6
All doorstaff employed at the entrance/exit of the licensed premises shall wear a reflective jacket/tabard of a design approved by Lancashire Constabulary.
2.7
The Licence Holder and Premises Supervisor shall ensure that sufficient doorstaff are employed at exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.
2.8
Meals and substantial refreshment shall be available at all times that the premises are open to the public.
2.9
The Licence Holder shall ensure that staff arriving before 09:00 or leaving late at night when the premises have ceased trading conduct themselves in such a manner as to avoid disturbance to local residents and neighbours.
2.10
The placing of refuse such as bottles shall take place between 09:00 and
23:00 so as to avoid causing disturbance to nearby premises.
2.11
The collection and disposal of waste refuse shall not take place externally between the hours of 23:00 and 09:00 hours.
2.12
The Licence Holder shall ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to nearby properties and that the premises will be adequately ventilated to the satisfaction of the Head of Environmental Services or equivalent position.
2.13
Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
2.14
Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.15
The Licence Holder and Premises Supervisor shall ensure that the arrangements for the storage of empty bottles prevents unauthorized access to those bottles.
2.16
Only toughened glass vessels shall be used to dispense beverages to customers.
2.17
At least one personal licence holder shall be available while the supply or
sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
2.18
Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity is known by all other staff when such absence occurs.
2.19
Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective will be available for inspection by an authorised officer.
2.20
Seating and tables shall be set out in such a way as to avoid the premises becoming a high volume vertical drinking establishment.
2.21
A clear, legible and conspicuous notice requesting patrons to avoid causing noise nuisance or disturbance to local residents shall be displayed at every exit.
2.22
Noise from any regulated entertainment, mechanical ventilation or refrigeration plant shall not cause unreasonable disturbance to the occupants of nearby residential properties.
2.23
The volume of amplified sound used in connection with any regulated entertainment shall at all times be under the control of the licence holder or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.24
Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.
2.25
The Licence Holder shall ensure that noise or vibration shall not emanate from the premises such as to cause disturbance to persons in the neighbourhood.
2.26.1 CCTV will be installed internally and externally at the premises and shall comply with the following: -
• The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system.
• The system will display on any recording the correct time and date of the recording.
• The system will make recordings during all hours that the premises are open to the public.
• The VCR tapes or digital recording will be held for a minimum of 31 days and 28 days respectively after the recording is made and will be made available to the police or any authorized persons acting for a responsible authority for inspection upon request.
• The system will, as a minimum, record images of the head and
shoulders of all persons entering the premises.
2.26.2 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the premises are open to the public.
2.26.3 This staff member shall be able to show police recent data or footage with the absolute minimum of delay, when requested.
2.26.4 The Licence Holder or Designated Premises Supervisor shall notify the
Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
2.26.5 Appropriate signs informing customers that CCTV is recording shall be displayed in conspicuous positions on the premises.
2.26.6 Monthly documented maintenance checks of the CCTV system, including the recording system, will be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
2.27
Adequate first-aid provision shall be available at all times.
2.28
The premises shall display their Drug Awareness Policy in the entrance hall.
2.29
Where there is reasonable suspicion that drugs are being carried the licence holder shall ensure that the outer clothing, pockets and bags of those entering the premises are searched by a trained staff member of the same sex.
2.30
Clearly visible notices in a form prescribed by the local authority shall be displayed advising those attending that:-
(i). It is a condition of entry that customers agree to be searched and
(ii). Police will be informed if anyone is found in possession of controlled substances or weapons.
2.31
Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
2.32
Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
2.33
Records of incidents involving the use and/or detection of drugs shall be maintained and shall be available for inspection by an authorised officer.
2.34
Confiscated and found drugs shall be stored and transferred to the Police in accordance with procedures agreed with the Lancashire Constabulary.
2.35
A drugs prevention strategy for the premises shall be developed and applied to include requirements prescribed by the Lancashire Constabulary.
2.36
All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are to receive regular refresher training at intervals of a maximum of six months. Records to evidence this will be made available to an authorised officer upon request.
2.37
The licence holder is to support and rigorously enforce the Challenge 25 proof of age policy.
Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: -
i. UK photo driving licence
ii. Passport
iii. Proof of Age Standards Scheme card.
If no suitable identification is provided sale of alcohol to them will be refused. Signs promoting this policy will be prominently displayed at public entrances and alcohol sales areas.
2.38
The Licence Holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point informing customers that sales will not be made to persons under the age of 18 years.
2.39
The maximum number of persons to be accommodated in the premises at anyone time shall be provided by the Premises Licence Holder.
2.40
The premises licence holder shall provide suitable containers for the storage of waste which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather. This shall include any external waste receptacles provided for the disposal of all smoking-related litter so as to prevent waste litter being deposited on to the highway.
2.41
All external smoking areas provided for the premises shall be located in such a position so that their use does not cause a nuisance to any nearby sensitive premises.
2.42
There shall be no entertainment provided to the external licensed areas.
2.43
All members of staff shall receive suitable training with regard to serving drunks and are to receive regular refresher training at intervals of a maximum of six months. Records to evidence this will be made available to an authorised officer upon request.
2.44
Any person who appears to be intoxicated or who is behaving in a disorderly manner will not be allowed entry to the venue. Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner will be given care and consideration in leaving the venue.
2.45
The Licence Holder and Premises Supervisor shall ensure the free cold drinking water is available on request and shall have adequate supplies of chilled soft drinks and bottled water available for sale at the bar.
2.46
Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
2.47
No entertainment of an "adult" or "sexual" nature will take place on the premises.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1
The primary purpose of the premises will be that of a hotel/restaurant and the sale of alcohol will be ancillary to these uses.
3.2
Alcohol may only be sold without a full meal in that part of the premises indicated on the licence plan to the left of the main doors. An occupancy figure shall be determined for this area and seating for 50% of that occupancy shall be provided. Any external seating shall not be incorporated into this calculation. (the occupancy of this area is 52 persons)
3.3
The provision of food, including full meals and snacks, will form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment.
3.4
All live amplified entertainment shall cease by midnight.
3.5
All doors and windows shall remain closed during the performances of amplified entertainment except for access and egress.
3.6
The internal area of the restaurant shall only be open to the public for the consumption of food and drink between the hours of 08:00 hours and 23:30 on Sundays to Thursdays (inclusive) and between the hours of 08:00 hours and 01:00 (the following morning) on Fridays and Saturdays.
3.7
The external dining area to the front of the premises shall only be open to the public for the consumption of food and drink between the hours of 08:00 and 21:00 on any day.
3.8
The external dining area to the rear of the premises shall only be open to the public for the consumption of food and drink between the hours of 08:00 and 20:00 on any day.
ANNEX 4 - PLANS
See attached plan referenced FY PL0340