Hedges House Residential Care Home

37-39 Church Road, Lytham, Lancashire, FY8 5LL

Completed application 031345 which is a Change of Supervisor for Premises Licence from 24/02/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• 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.

   

  Mandatory Licensing Conditions (wef October 2014)

   

  1.              (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) 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-

  (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 in a manner which carries a significant risk of undermining a licensing objective;

  (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 in a manner which carries a significant risk of undermining a licensing objective;

  (d) 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;

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.              (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3) 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 either-

                (a) a holographic mark, or

                (b) an ultraviolet feature.

   

  4.               The responsible person must 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;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

                (c) where a customer does not in relation to a sale of alcohol specify the quantity of

                alcohol to be sold, the customer is made aware that these measures are available.

  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;

  (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.

  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

   

  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

   

  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.

   

  The premises must be bona fide used for the purpose of habitually providing for reward board and lodging including breakfast and one other at least of the customary main meals.

   

  Intoxicating liquor shall not be sold or supplied otherwise than to:

  1        Persons taking table meals there for consumption be such persons as an ancillary to their meals.

  2        Persons residing there or their private friends bona fide entertained by them at their own expense and for consumption by such persons or their private friends so entertained by them either on the premises or with a meal supplied at but to be consumed off the premises.

   

  There shall be afford in the premise for persons provided with board and lodgings for reward adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.

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

   

  N/A