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:
) 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 despatch 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.
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 at the premises.
The maximum number of persons permitted in the premises shall be restricted to 300 persons on the ground floor and 200 on the first floor.
Noise levels from entertainments shall not exceed 33dB LA eq: (5 minutes) when measured at a point one metre from the façade of any residential premises.
No supply of alcohol may be made under the premises licence:-
() at a time when there is no designated premises supervisor in respect of the premises licence, or
() 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 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
There shall be a personal licence holder present on the premises at all times the premises are open to the public.
Whenever door staff are used at the premises, they shall be Security Industry authority (SIA) approved and shall operate in accordance with the security industry guidelines.
Staff shall be given appropriate training in respect of licensing issues.
An appropriate CCTV system shall be installed internally and externally at the premises.
An appropriate drugs policy and notices shall be in place.
An appropriate policy shall be in place concerning the searching of customers. Notices must be displayed identifying the policy.
Appropriate measures shall be taken to ensure that staff prevent the removal of bottles or glasses from the premises.
The premises shall be operated in participation with the ‘Pubwatch’ scheme.
Appropriate Health and Safety and Fire arrangements shall be in place for the premises.
There shall be maintained on the premises during operating hours an adequate and appropriate supply of first aid equipment and materials.
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, and shall be in accordance with guidance from the Local Authority Environmental Health Department.
When regulated entertainment is being provided, appropriate announcements shall be made to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents.
A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
Regular external checks shall be made to monitor the noise levels.
There shall be in place a for the premises a policy that will require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence or passport indicating that they are over 18 years of age.
Persons under the age of eighteen shall not be permitted on the premises at any time unless they are accompanied by an adult and attending a pre-arranged private function of which Lancashire Constabulary have been notified in advance.
The premises shall not host any private functions which are directed specifically at eighteen year-olds.
Annex 3 - Conditions attached after a hearing by the licensing authority
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.
The premises shall be operated in compliance with the recommendations contained in Safer Clubbing.
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.
The Local Authority CCTV control room shall be notified:
) On any occasion when the premises CCTV or radio system Is inoperative
) When the CCTV or radio system has been brought back into use.
The Police Licensing Unit shall be notified on any occasion when the premises CCTV or radio system is 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.
Only toughened glass vessels shall be used to dispense beverages to customers.
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.
Where there is reasonable suspicion that drugs are being carried, the licensee shall ensure that the outer clothing, pockets and bags of those entering the venue are searched by a trained staff member of the same sex.
Clearly visible notices, in a form prescribed by the Council, shall be displayed advising those attending that
1. It is a condition of entry that customers agree to be searched and
2. Police will be informed if anyone is found in possession of controlled substances or weapons
Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas
Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises
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, transferred in accordance with procedures agreed with the Lancashire Constabulary
A drugs prevention strategy for the venue shall be developed and applied. The strategy shall include arrangements for the location of posters and the distribution of other information relating to drugs risks, the dangers associated with drugs and the legal provisions relating to drug use.
Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
Doors and windows shall be kept closed when amplified music is being played.
Commercial waste produced at the premises, including but not limited to empty bottles, shall not be deposited in any outdoor waste receptacle between the hours of 11pm and 8am
At all times when recorded or amplified music is being provided on the premises, such music shall be subject to an automatic noise limitation device (or other suitable device) the device being set to reduce the level sound if the volume reaches a pre-set level, such level to be to the reasonable satisfaction of the environmental health authority.
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.
A free phone or direct line, for contacting taxi firms shall be provided on the premises.
Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the premises.
Annex 4 - Plans
See attached plans referenced FY PL0193