Royal Oak Hotel (The)

Main Street, Hornby, Lancashire, LA2 8JY

Completed application 034415 which is a Change of Supervisor for Premises Licence from 19/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• 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)

   

  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

   

  Mandatory conditions where licence authorises the supply of alcohol

  1.              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.

  2.              The supply of alcohol under the 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 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.

   

                (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 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.

   

  4.              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).

   

  5.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  Age Verification Policy - Mandatory Condition

   

  6.              (1)              The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                (2)              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 a holographic mark.

   

  Availability of different Measures - Mandatory Condition

   

  7.              The responsible person shall 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; and

   

                (b)              customers are made aware of the availability of these measures.

   

  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)

• Non standard timings

  On New Year’s Eve regulated entertainment will be permitted until 01.00 hours the following day and the sale/supply of alcohol will be permitted and the premises may be open to the public from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day

  On Christmas Eve, Boxing Day, 27th December, and 28th December the sale/supply of alcohol will be permitted until 02.00 hours and the premises may be open to the public until 02.30 hours the following day

• Offered Conditions

   

  1.              At times when the designated premises supervisor is away from the premises on holiday or anticipates being away for an extended period of time then another personal licence holder shall be nominated in writing by the designated premises supervisor to be responsible for the premises in their absence. However in the event that no other personal licence holder is available then a non-personal licence holder shall be nominated in writing by the designated premises supervisor to be responsible for the premises in their absence provided that the nominated person has been made available for interview by the police licensing unit in respect of such a position and the police do not object to the proposal

  2.              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)

  3.              Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 23.00 hours

  4.              The provision of off-sales to terminate at 23.00 hours

  5.              At all times when the premises are used for the purpose of the premises licence, the licence holder, manager or designated premises supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if requested to do so give that information to an authorised person

  6.              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

  7.              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 and there shall be a clearly visible notice in capital letters which contains the words: "THIS DOOR SHALL BE KEPT LOCKED IN THE OPEN POSITION WHEN THE PREMISES ARE OCCUPIED" displayed next to the door(s)

  8.              The 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

  9.   Any cigarette machines and Gaming Machines will be positioned within sight of the bar servery in order that full supervision can be given.

  10. There will be no other 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.

   

  Prevention of crime and disorder

  Not having any irresponsible drinks promotions which encourage binge drinking.

  All members of staff concerned with sales of alcohol will be trained in relation to sales of alcohol to persons under the age of 18 years.

  All members of the management will be trained in relation to all Licensing Objectives so as to prevent crime, disorder, public nuisance and promote public safety and the protection of children from harm.

   

  Public safety

  Annual testing and inspection of the Gas installation at the premises by a qualified engineer.

  Weekly testing of the emergency lighting at the premises.

  Annual servicing of the fire extinguishers at the premises.

  A heat sensored light is positioned over the rear entrance door and also on the car park for customer safety when exiting the premises.

   

  The prevention of public nuisance

  The premises have agreed links with a local taxi company for collection of customers.

  All lighting on external signs will be turned off at 11pm with the exception of the heat sensored light which is for customer safety when exiting the premises.

  Doors and windows to be kept closed when entertainment is in progress.

  Signs posted at the exits reminding customers to leave quietly and with respect for local residents.

  No recorded or live performed music will be played in any external parts of the premises after 10pm.

  The management will ensure that the grounds of the premises will be kept tidy and without nuisance to other neighbouring businesses or residents.

   

  The protection of children from harm

  Persons aged under 18 years of age to be excluded from the premises on occasions which the management deem appropriate and subject to the actifvities to be taking place.

  Any cigarette and gaming machines at the premises are positioned within sight of the bar servery in order that full supervision can be given.

   

   

   

   

• Conditions attached after a hearing by the Licensing Authority

  1.              A personal licence holder shall normally be on the premises at all times after 20.00 hours when intoxicating liquor is being sold or supplied to customers or consumed by customers, except in the case of an emergency

  Regulated entertainment at the premises should cease at 23.30 hours Sunday to Thursday, and at 00.30 on Friday and Saturday