Lancaster City CouncilMorecambe Town Hall

Owls Nest

Bare Lane, Morecambe, Lancashire, LA4 6DE

Completed application 039655 which is a New Application for Premises Licence from 21/12/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol

Additional Conditions

• Mandatory Conditions

   

  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 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

   

   

   

   

   

   

   

   

• Offered Conditions

   

  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

  Whenever the designated premises supervisor is not at the premises another personal licence holder will normally 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

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

  The provision of off-sales to terminate at 23.00 hours

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

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

   

  Operating schedule

   

  All staff and management will be trained in the Licensing Act 2003 in particular the Licensing Objectives below.

   

  The prevention of crime and disorder

   

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

  2. Any person who looks or appears to be under the age of 25 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 or pass card (proof of age standards scheme).

  3. No irresponsible drinks promotions.

   

  Public safety

   

  1. Daily safety check re: wires/cables/broken glass etc.

  2. Fire extinguishers on the premises.

  3. Fire exits clearly signed.

  4. Emergency lighting.

  5. Smoke alarms/heat detectors fitted.

   

  The prevention of public nuisance

   

  1. Signs prepared to ask patrons to leave quietly.

  2. Bottle bins emptied no earlier than 10.00am daily.

  3. Whilst regulated entertainment is in progress all windows and doors to be closed after 10.00pm.

  4. One hours' drinking up time to allow steady dispersal of patrons.

   

  The protection of children from harm

   

  1. Challenge 25 scheme is in operation.

  2. All members of staff trained in under age sales criteria.

  3. All persons under 18 to be accompanied by an adult at all times.

  4. No access to premises after 7.00pm for those under 18.

  5. Gaming Machines are easily visible from the bar.

   

   

• Conditions attached after a Hearing by the Licensing Authority

   

  Before any amplified music is played, a noise limiter shall be installed at the premises and shall be set to the satisfaction of the head of health and Strategic housing or her representative, to control the volume of amplified music to an appropriate level for the location of the premises. Once set, such noise limiter shall be maintained in working order at that level, and adjusted only with the approval of the Head of Health and Strategic Housing or her representative.