Chieftain

24 Pedder Street, Morecambe, Lancashire, LA4 5DZ

Completed application 038121 which is a Minor Variation Application for Premises Licence from 12/02/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• 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)

   

  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

   

  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.

   

  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.

   

  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.

   

  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

         (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

  See attached for Public Entertainment Licence conditions

•  

   

• Offered Conditions

   

  1.              A responsible person shall 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.              To install, maintain and operate a CCTV system, which complies with the minimum requirements, expected of the Lancashire Constabulary and shall record during all hours that a licensable activity takes place on the premises

  4.              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)

  5.              The maximum number of persons (including staff) allowed to be on premises at any time shall be 200

  6.              No entry to or re-entry to the premises one hour prior to the terminal hour by members of the public or by any guests or friends of members of staff or the premises licence holder

  7.              The designated premises supervisor or a person nominated by them shall be a member of and regularly attend meetings of any Pubwatch scheme for the area within which the premises are located and would include registration and use of community/network radio

  8.              The premises licence holder will provide to the police a drugs policy for the premises which shall as a minimum contain all of the best practices outlined in the guidance published by the Home Office and the London Drug Policy Forum ‘Safer Clubbing’

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

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

  11.              Any outside area used for the consumption of alcohol shall be fully covered by CCTV

  There may be 2 Gaming machines, 1 cigarette machine and 1 quiz machine all in full view of the bar (full staff supervision and full staff training on under age use) 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

  Full staff training and management on the provisions of the Licensing Act 2003 especially b) to e) below, i.e. the Licensing Objectives.

   

  b) Prevention of crime and disorder

  1        No irresponsible drinks promotions.

  2        To be an active member of Pubwatch.

  3        No entry / re-entry one hour prior to the last sale of alcohol.

  4        Full staff training on under age sales.  ‘Prove It’ scheme in operation if patrons look under age

  5        The Designated Premises Supervisor will maintain a daily record comprising of the following: start time and finish time of each door supervisor.  The door supervisor will record their SIA badge number and will sign and print their name in a legible form at the beginning and end of each tour of duty.  The record shall be kept securely on the premises for at least 6 months and shall be produced on request to the Police or other authorised person.

   

  c) Public safety

  6        Daily checks for broken glass, loose wiring & faulty light bulbs.

  7        Current P.E.L. conditions will be complied with and annually updated and inspected - same criteria applies.

  8        Weekly inspection for fire equipment e.g. heat / smoke detectors.

  9        Fire extinguishers checked annually.

  10    Fire exits clearly signed.

  11    Capacity level of 200 (as per existing P.E.L.)

  12    Twice per year fire alarm safety on contract.

  13    Electrical / Gas inspection annually check on contract.

   

  d) Prevention of public nuisance

  14    Outside areas to be vacated by dusk.

  15    Taxi telephone call system in place for customers.

  16    Windows closed whilst entertainment ongoing.

  17    Patrons requested to leave quietly and respect neighbours in the vicinity

  18    Bottle skip emptied not earlier than 10.00a.m. daily.

  19    ‘Wind down’ music to be played during the last 30 minutes.

   

  e) Protection of children from harm

  20    Full staff training on under age sales.  ‘Prove It’ scheme in operation if patrons look under age.

  21    Gaming machines and cigarette machine in full view of the bar.

  22    Children aged 15 and under to be off the premises by 9.00p.m. unless attending a function in the function room.