Annex 1 - Mandatory Conditions
The restrictions on the times during which the licence authorises the sale by retail of alcohol on the premises, set out in part M of the Licensable Activities section of this licence do not prohibit:
(a) 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;
(b) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to
any person residing in the licensed premises;
(c) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of
the alcohol so ordered;
(d) the sale of alcohol to a trader or club for the purposes of the trade or club;
(e) 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;
(f) the taking of alcohol from the premises by a person residing there; or
(g) 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
(h) 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 supply of alcohol may be made under the premises licence:-
(a) at a time when there is no designated premises supervisor in respect of the premises
licence,
or
(b) at a time when the designated premises supervisor does not hold a personal licence or
his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
The terms, conditions and restrictions detailed in the Fylde Borough Council Places of Public Entertainment, conditions of Licence (Second Schedule) and attached to this licence must be adhered to all times that regulated entertainment takes place in the basement (Tiles) of the premises.
The maximum number of persons permitted in the basement (Tiles) of the premises shall be 200 persons.
Noise levels from entertainment’s in the basement (Tiles) of the premises shall not exceed 33dB LA eq: (5 minutes) when measured at any point on the boundary of any residential property.
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.
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).
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
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
The premises shall be operated in participation with the ‘Pubwatch’ scheme.
The premises shall be equipped with a closed circuit television system, which is appropriate to its purpose and is provided and maintained to the satisfaction of the enforcement Authorities.
A suitable level of Illumination shall be provided to the car parks and external walkways of the premises.
The premises shall be operated in accordance with the principles of responsible drinking and no irresponsible sales promotions of alcoholic beverages shall be offered to customers.
All staff shall have received suitable training in relation to the proof of age scheme to be applied upon the premises, dealing with drunkenness and sensible drinking.
All house managers shall have received suitable training in relation to illegal activities and aggressive customers.
All staff shall have received suitable training in relation to communicating with customers refused service for drunkenness and no proof of ID.
The trading area of the premises shall be appropriately supervised by management, staff, glass collectors etc.
When regulated entertainment involving live performance is taking place on the premises all windows and external doors shall be kept shut, save for entrance and exit purposes.
No regulated entertainment shall be provided outside the building.
Clear and conspicuous notices, requesting patrons to avoid causing noise, nuisance or disturbance to local residents, when leaving, shall be erected and maintained in a prominent position at every exit.
Children shall only be permitted access to the dining area unless passing to or from another part of the premises
Children shall only be allowed access to the downstairs night club (Tiles) when attending a pre-arranged function.
No children shall be allowed access to any part of the premises after 22:00 hours on any day.
There shall be in place for the premises a policy to prevent the sale or supply of alcohol to persons under 18 years of age which requires any person who appears to be under the age of 21 years to produce a recognised documentation indicating that they are over 18 years of age.
Annex 3 - Conditions attached after a hearing by the licensing authority
At all times when recorded or amplified music is being provided in any part of the premises, such music shall be subject to an automatic noise limitation device, the device being set to cut off the sound if the volume reaches a pre-set level, such level to be to the reasonable satisfaction of the Fylde Borough Council’s Environmental Protection Officers.
The sound system in both The Crescent and The Tiles night club shall be designed so that on operation all sound reproduction equipment associated with the DJ area is automatically disconnected with the exception of a designated fire microphone which is in circuit and can be used for announcements and instructions relating to the fire.
Any modification to the Fire Alarm System caused by the proposed variation to the operation schedule shall be carried out in accordance with the respective current British Standard and on completion the system should be certified by the commissioning engineer as fully complying with that standard. The certificate should then be forwarded to Lancashire Fire and Rescue Service.
The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are relevant to those premises and indicated in the associated leaflet.
All staff shall have received suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this shall be made available to an authorised officer upon request.
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 ‘Nightsafe’ Scheme.
Appropriate measures shall be taken to ensure that staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
Only toughened glass vessels shall be used to dispense beverages to customers.
At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (who’s identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
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.
Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective shall be available for inspection by an officer or a Responsible Authority.
The premises shall maintain a drinks pricing policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.
Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
During the final hour of daily trading, appropriate announcements shall be made or images projected to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.
The volume of amplified sound used in connection with entertainment shall at all times be under the control of the licensee or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
Annex 4 - Plans
See attached plan referenced FYPL 0138.