Annex 1 - Mandatory Conditions
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
Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made
by
() the British Board of Film Classification (BBFC) where the film has been classified by that Board, or
() the Licensing Authority where no classification certificate has been granted by the BBFC or where the licensing authority has notified the licence holder that section 20 (3) (b) of the Licensing Act 2003 applies to the film.
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 Licence holder shall maintain a written risk assessment which shall determine the appropriate number of door staff licenced by the Security Industry Authority to be on duty at the premises.
There shall be provided at the premises door supervisors who are registered with the Security Industry Association to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for licensable activities.
The Designated Premises Supervisor shall maintain a daily record of the following: -
Start time and finish of each door supervisor
A record of the door staff SIA Lodge numbers.
The door staffs printed names and signatures on a legible form recorded at the beginning and the end of each duty.
The record shall be kept securely on the premises for at least six months and shall be produced on request to the police or other authorised person.
No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.
No drink shall be removed from the premises in a unsealed container and off sales shall terminate at 2300hrs on Fridays, Saturdays and on Sundays proceeding Bank Holidays.
Toughened glass drinking vessels shall be used when dispensing draught beers.
A CCTV system shall be installed, maintained and operated in accordance with the recommendations of the Lancashire Constabulary.
The images recorded by the CTTV system shall be retained in unedited form for a period of not less than 31 days.
Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:-
UK photo driving licence.
Passport.
Proof of Age Standards Scheme Card.
A copy of this licence shall be displayed in a conspicuous position adjacent to the entrance to the premises.
The Duty Manager or other suitably trained person shall be a member of and regularly attend at the meetings of any Pub and Club watch scheme for the area within which the premises is located and shall register in and use Community Radio Network if available.
A personal licence holder shall be available at all time during which intoxicating liquor is being sold, supplied to or consumed by customers, except in the case of an emergency.
The following Dispersal Policy shall be operated.
The licence holder shall seek to ensure that Clients leave the licensed premised in an orderly manner and shall apply the following measures: -
Only background music shall be played over the final 30 minutes of trading
The disc jockey(s) shall remind patrons of the need to leave the vicinity of the premises in an orderly manner.
The disc jockey(s) shall remind patrons of the location of taxi services
The door staff shall clear the premises by directing patrons to the lower floor during the 30 minutes after the sale of alcohol has ended.
A notice shall be erected at each exit from the premises reminding patrons of the need to leave the vicinity of the premises in an orderly manner.
The door staff shall when appropriate remind patrons in the vicinity of the premises of any need to moderate their behaviour.
Any patrons who disregard the advice of the door staff shall subsequently be denied entry to the premises until the licence holder is satisfied that they shall conduct themselves in a satisfactory manner.
Subject to appropriate consents and if requested by the Fylde Community Safety Partnership, a Pan, tilt and zoom camera, capable of subsequent integration into a Kirkham wide surveillance system shall be supplied, erected and connected to the premises CCTV system.
The licence holder or his representative shall participate fully in the operation of the Kirkham Licensees Forum and shall endeavour to promote best practice in reducing and/or preventing crime and disorder.
Campaign material produced by the Fylde Community Safety Partnership shall be displayed (at a suitable location upon the premises).
The licence holder shall support and promote initiatives and codes of practice emanating from The Portman Group.
A Drug Safety Assessment shall be undertaken and the procedures, practices and facilities detailed in a Drug Safety Policy shall be maintained, a copy of which shall be supplied to the Police.
Door staff shall be equipped with clickers to keep and record accurate records of the capacity for each floor.
Purchasers of alcoholic drinks in sealed containers shall be advised that they should not be opened and consumed in the vicinity of the premises and the door staff shall draw this requirement to the attention of any such customers who congregate in the vicinity of the premises.
Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Initiative, as are relevant to those premises.
The licence holder shall recognise that risk of drug use varies according to clientèle and music policy, and as such, a sliding scale of conditions should be applied based upon criteria, which normally reflect a club's culture. The following matters are considered appropriate to the premises:
The outer clothing, pockets and bags of those entering the venue shall be searched by a trained staff member of the same sex, where there is reasonable suspicion that drugs are being carried.
A clearly visible notice shall be displayed, in a form prescribed by the Council advising those attending that it is a condition of entry that customers agree to be searched and that Police shall be informed if anyone is found in possession of controlled substances or weapons.
Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
Suitable and sufficient surveillance shall be provided and maintained.
A record of incidents shall be maintained and those records shall be made available for inspection.
Confiscated drugs shall be stored, disposed of or transferred and individuals who are believed to have committed a criminal offence supervised in accordance with procedures agreed with the Lancashire Constabulary.
A drugs prevention strategy shall be developed and maintained for the venue. The strategy shall include arrangements for the location of posters and the distribution of other information relating to drug risks, the dangers associated with drugs and the legal provisions relating to drug use.
Adequate first aid provision shall be available at all times on the premises.
The ventilation to the premises shall be maintained to satisfy the appropriate Building Regulations.
Free cold drinking water shall be provided on request and adequate supplies of chilled soft drinks and bottled water shall be available for sale at the bar(s).
The licence holder and all managers shall produce evidence to demonstrate that they are suitably trained in all aspects of the safe and efficient running of the venue.
All parts of the premises shall at all times be kept free from defect and no structural changes or alterations on any part of the premises shall be made without the prior approval of the Council.
All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.
All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public.
All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public.
Any chain, padlock or any other device used to lock an exit door when the premises are not in use shall be removed when the premises are open to the public.
Where any furnishing or fitting in the premises including wall, floor and ceiling linings, requires further periodic treatment to maintain the surface spread of flame qualities, they shall be treated in accordance with the manufacturers specifications. When such treatment is carried out, a written record shall be made in the log book kept for that purpose and a certificate showing the treatment has been carried out shall be obtained and retained for inspection by the Fire Authority.
No curtain, hanging or any other decoration shall be positioned so as to obstruct any exit, sign or fire fighting equipment.
Printed 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.
Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.
When members of the public are present, the lighting levels in all parts of the premises shall be capable of providing sufficient illumination for them to leave the premises safely .The lighting level shall be maintained by an emergency lighting system which shall automatically operate when the electricity supply to the main lighting is interrupted.
All fire instruction signs shall be illuminated so that they can be easily read at all times when the public are present on the premises.
The premises shall be provided with adequate lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.
No smoking or naked flames shall be permitted on any part of the stage during any entertainment unless that use has been notified to the Licensing Authority and is provided in accordance any guidance given by the Lancashire Fire and Rescue Service.
No explosive, liquefied petroleum gas or any other highly flammable materials shall be used or stored on the premises unless notified to the Licensing Authority and is used in accordance any guidance given by Lancashire Fire and Rescue Service.
No pyrotechnics including fireworks shall be used or stored at the premises unless notified to the Licensing Authority and they are used in accordance with any guidance given by Lancashire Fire Service.
No dry ice machines or cryogenic fog, smoke machines or fog generators shall be used at the premises unless notified to the Licensing Authority and used in accordance any guidance given by Lancashire Fire Service.
Lasers shall only be used on the premises in accordance with the requirements for the safe use of lasers as set down in the HSE Guide, The Radiation of Safety Lasers Used for Display Purposes [HS (G) 95] and BS 60825: Safety of Laser products British Standard 4803: part 3.
No strobe light shall be used in premises unless a notice which can be clearly seen and easily read warning that strobe lights are in use in the premises is displayed at each entrance to the premises.
No nuisance shall be caused by noise coming from the premises or vibration transmitted through the structure of the premises.
All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.
Regular assessments of the noise coming from the premises shall be conducted on every occasion the premises are used for regulated entertainment and steps shall be taken to reduce the level of noise where it is likely to cause a disturbance to local residents.
No deliveries, removal of bottles, refuse and other commercial vehicle movements onto the premises shall take place before 0730 hours and after 2000 hours.
There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
No light from or on the premises and other light under the control of the premises shall be provided where that light causes a nuisance to nearby premises.
Entertainment provided upon the premises shall be inaudible at the boundary at the nearest point to any occupied dwelling.
Entertainment provided upon the premises shall be inaudible at the boundary at the nearest point to any occupied dwelling.
There shall be placed at all exits from the premises, in a place where they can be seen and easily read by patrons, notices requiring customers to leave the premises and the area quietly.
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. That policy shall require any person who appears to be under the age of 21 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.
All staff shall receive 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.
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.
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.
No person under the age of 18 years shall be permitted on the premises when they are being used primarily for the purpose of the supply or sale of alcohol except when attending a private function at the premises
The Portman Group Code of Practice and the requirements or recommendations of any Portman Group Retailer Alert Bulletin shall be complied with at all times.
Annex 3 - Conditions Attached following a hearing by the Licensing Authority.
Until such time as the premises have been designed and refurbished and an appropriate fire risk assessment incorporating occupancy figures together with plans submitted to the satisfaction of the Fire Authority, this licence shall have no effect.
No entry or re-entry to the premises by members of the public or by any guests or friends of members of staff shall be permitted after the sale of alcohol ceases.
A free phone or direct line, for contacting taxi firms will be provided on the premises.
The external “Al Fresco” area and the balcony to the rear of the building shall close at 11pm Monday to Sunday inclusive.
Annex 4 - Plans
See attached plan referenced FYPL 0203