Cafe Gloria

5 Church Road, Lytham, Lancashire, FY8 5LH

Completed application 018819 which is a Transfer and change of supervisor combined for Premises Licence from 18/07/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music

Additional Conditions

• 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 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.

  1.4 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).

  1.5 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  1.6 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.

  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.

  1.7 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.

  Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

  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(a);

  (b) “permitted price” is the price found by applying the formula-

  P = D + (D×V)

  where-

  (i) P is the permitted price,

  (ii) D is the amount 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) “value added tax” means value added tax charged in accordance with the Value Added

  Tax Act 1994(b).

  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 CONSISTENT WITH THE OPERATING SCHEDULE

   

  Permitted Hours

   

  2.1 Alcohol may be sold or supplied:

  (1)  On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 11am to 12pm.

  (2)  On Sundays, other than Christmas Day or New Year’s Eve, and on Good Friday: 12 noon to 11:30pm

  (3)  On Christmas Day: 12 noon to 11:30pm;

  (4)  On New Year’s Eve, except on a Sunday, 11 a.m. to midnight;

  (5)  On New Year’s Eve on a Sunday, 12 noon to 11.30 p.m.

  (6)  On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

   

  The above restrictions do not prohibit:

  ()       during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  ()       during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  ()       during the first thirty minutes after the above hours the consumption of  the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  ()       consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises.

   

  Additional Conditions

   

  2.2 Suitable non-alcoholic beverages, including drinking water, shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

  2.3 The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

   

  2.4 Intoxicating liquor shall not be sold or supplied on the premises other than to persons taking table meals there for consumption by such persons as an ancillary to their meals.

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

   

  N/A