Boot and Shoe (The)

171 Scotforth Road, Lancaster, Lancashire, LA1 4PU

Completed application 037481 which is a Transfer Application for Premises Licence from 13/10/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• any playing of recorded music
• the supply of alcohol
• a performance of live music

Additional Conditions

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• Embedded Conditions

   

  On New Year’s Eve alcohol may be sold 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, 00.00 hours (midnight) on 31st December)

   

  An additional hour to the standard times on the day when British Summertime commences

   

  Credit Sales

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal

   

  NO Children’s Certificate

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

  a)              He is the child of the holder of the premises licence.

  b)              He resides in the premises, but is not employed there.

  c)              He is in the bar solely for the purpose of passing to or from some part of the premises that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.

  d)              The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which holding of the licence is ancillary.

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  However, an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Mandatory Conditions where the licence authorises the sale of alcohol

   

  1              No supply of alcohol may be made under the premise licence -

   

  (a) at a time when there is no designated premise supervisor in respect of the    licence , or

   

  (b) at a time when the designated premise supervisor does not hold a personal licence, or his licence has been suspended.

   

    2                             The supply of alcohol under a premises licence must be made or authorised by a      

  person who holds a personal licence.

   

  Irresponsible Drinks Promotions - Mandatory Conditions

   

  3.              (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).

   

      

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

   

  Age Verification Policy - Mandatory Condition

   

  5.              (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.

   

   

  Availability of different Measures - Mandatory Condition

   

  6.              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.

   

  Alcohol Pricing

   

  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 purpose of the condition set out in paragraph 1-

   

  (a)              “duty” is to be construed in accordance with the Alcohol Liquor duties Act (1979)

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

   

  P=D + (DxV)

                Where-

   

  (i)              P is the permitted price

  (ii)              D is the rate 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 premise licence -

   

  (i)              The holder of the premise licence

  (ii)              The designated premise 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

   

   

  Mandatory condition where Door Supervisors are provided

  All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)

• Conditions on previous licence(s)

   

  See attached for Public Entertainment Licence conditions

• Non standard timings

   

  1        On the Thursday, Friday, Saturday and Sunday of a Bank Holiday weekend, Christmas Eve and Boxing Day regulated entertainment and the sale/supply of alcohol will be permitted until 01.00 hours the following day and the premises may be open to the public until 02.00 hours the following day

  2.   On New Year’s Eve regulated entertainment may be provided from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day

• Offered Conditions

   

  1.              A personal licence holder shall normally be on the premises at all times during which intoxicating liquor is being sold or supplied to customers or consumed by customers, except in the case of an emergency

  2.              Whenever the designated premises supervisor is not at the premises another personal licence holder will be nominated by the designated premises supervisor as being the responsible person to manage the premises and will have the contact details of the designated premises supervisor. The details of such person to be on prominent display outside the premises

  3.              Any person who looks or appears to be under the age of 18 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; PASS card (proof of age standards scheme)

  4.              Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 23.30 hours

  5.              The provision of off-sales to terminate at 23:00 hours

  6.              There will be no music outdoors after 19.00 hours

  7.              Provision of facilities for dancing shall only be in the function room

  8.              All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency

  9.              Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises

  10.              There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly

  11.              Half an hour before the before the premises is due to close, music shall be played at a lower volume and tempo

  12.              Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use.  Details of the inspection, defects discovered and remedial action taken shall be recorded in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable

  13.              Where a door(s) on an escape route opens against the direction of travel, it shall be locked in the open position by a tamper-proof fastening when ever there are public on the premises

  14.              Any fire alarm, emergency lighting system and electrical installation shall be tested on a regular basis, at a frequency determined by a competent person.  Certificates should be issued showing the results of the tests. The certificates shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable

  15.              At all times that the premises are used for the purpose of premises licence, the licence holder, manager, designated premises supervisor or their representative shall at all times be aware of the number of persons on the premises and ensure that overcrowding does not occur

  16. There may be two Gaming Machines and one cigarette machine in the back bar but otherwise there will be no adult entertainment services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.

   

  Operating Schedule

  All staff and management will receive ongoing training in all aspects of the Licensing Act 2003 with particular reference to b) to e) below.

   

  b) The prevention of crime and disorder

  1.              No irresponsible drinks promotions.

  2.              All members of staff concerned with the sale of alcohol to be trained with regard               to the sale of alcohol and under 18s.

  3.              Active member of the local Pubwatch scheme.

  4.              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 only forms of               identification acceptable are:-

           UK photo driving licence

           Passport

           PASS card (proof of age standards scheme)

  5.              Free drinking water to be made available at all times from the bar.

  6.              Anti-social behaviour will not be tolerated.

  7.              Customers considered drunk or unruly will not be served alcohol.

   

  c)  Public safety

  1.              To comply with the Health and Safety requirements currently laid down by the               existing Public Entertainment Licence

  2.              Daily safety audit to be carried out and a log book to be maintained.

  3.              A First Aid box on the premises and a First Aider on the premises.

  4.              Fire extinguishers on the premises.

  5.              Fire exits clearly signed.

  6.              Emergency lighting.

  7.              Smoke alarms / heat detectors.

  8.              Annual check to be allowed by the relevant bodies to ensure all safety features               and measures are being complied with.

  9.              Emergency exits will remain unobstructed at all times.

   

  d)  The prevention of public nuisance

  1.              Function room is double glazed.

  2.              30 minute "wind down" period where quieter music will be played before the               regulated entertainment stops

  3.              Bottle skip to be emptied during the day.

  4.              Sign placed above the door asking customers to leave quietly.

  5.              Calling taxis for customers to ensure they are moved off the premises quickly and               quietly.

   

  e) The protection of children from harm

  1.              All members of staff concerned with the sale of alcohol to be trained with regard               to the sale of alcohol to under 18s.

  2.              We require children under the age of 18 to leave the premises by 9.00p.m.

  3.              All children on the premises to be accompanied by an adult, with soft drinks and               meals available.