Freeholders Arms (The)

47-49 Ullswater Road, Lancaster, Lancashire, LA1 3PS

Completed application 024630 which is a Change of Supervisor for Premises Licence from 24/03/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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
• provision of late night refreshment
• 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

   

  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 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.

   

  Mandatory condition where Door Supervisors are provided

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

   

  Mandatory condition where the licence permits the performance of Films

  Where a programme includes a film in the 12A, 15 or 18 category, as classified by the British board of Film Classification, no person appearing to be under the age of 12 (and unaccompanied in that case),15 or 18 as appropriate shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms-

   

  PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME

   

  Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.

  This condition does not apply to members of staff under the relevant age while on duty provided the prior written consent of the person’s parents or legal guardian has first been obtained.

  Immediately before each exhibition of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds a in such a manner that it can be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the category of the film

• Conditions on previous licence

  See attached for Public Entertainment Licence conditions

• Non standard timings

  On the day before Public Holidays and on Public Holidays regulated entertainment will be permitted until 02.00 hours the following day and the sale/supply of alcohol will be permitted until 02.00 hours the following day and the premises may be open to the public until 02.30 hours the following day

• Offered Conditions

   

  1.              Whenever the DPS is not at the premises normally another personal licence holder or another person fully conversant with the terms and conditions of the licence shall be present on the premises at all operational times except in the case of emergencies. This person will be nominated by the DPS as being the responsible person to manage the premises and will have the contact details of the DPS. The details of such person to be on prominent display on the premises

  2.              The designated premises supervisor will maintain a daily record comprising of the 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

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

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

  6.              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

  7.              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

  8.              Children under 16 years will be accompanied at all times by an adult

  Gaming machines to be in a position to be seen by barstaff and not played by children 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

   

  General - all four licensing objectives

   

  The types of regulated entertainments proposed will reinstate normal pub entertainments that were previously unregulated.  Through the DPS the Council’s objectives have been considered in relation to the four P’s.  Although no major concerns have been identified from present practice it is recognised that improvements within the constraints of the business with respect to a safe working environment and safe trouble free environment for customers will be ongoing to achieve best practice.

   

  The prevention of crime and disorder

   

  Providing a sixty minute extension of opening hours after the end of the sale of alcohol will promote this objective as the last drink will be consumed less quickly with access to toilet facilities and will give sufficient time to enable patrons to organise taxis accordingly and to enable gradual dispersal.  Not less than five working days written notice will be provided to Police when Events Days are planned.  There will be no irresponsible drinks promotions.  All members of staff concerned with the sale of alcohol to be trained with regard to sale of alcohol and under 18’s.  The DPS to be an active member of the local Pub Watch / Bar Watch Scheme.  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.  Only UK photo drivers licence and passport or other future Government initiative will be accepted.  Challenge 21 will be promoted.

   

  Public safety

   

  Through the DPS a daily safety audit to be carried out and a log book to be maintained.  A first aid box is kept on the premises and at least one member of staff on the premises will be trained in first aid.  Fire extinguishers on the premises and fire exists are clearly signed.  There is emergency lighting.  Emergency exits will remain unobstructed at all times.  Drunk, unruly or disorderly people not to be allowed entry to the premises.  Any outside area used for the consumption of alcohol will cease to be so used at 22.30hrs.

   

  The prevention of public nuisance

   

  With respect to noise pollution from regulated entertainment and associated equipment the DPS will continue as and where necessary to take steps to keep noise to an acceptable level.  All windows will be closed and entry / exit doors will be fitted with self closers - fire exits being an exception.  Promotion through displayed notices to remind customers to leave in an orderly and quiet manner together with announcements at the end of regulated entertainment will be implemented.  Bottle skips to be emptied during the day.

   

  The protection of children from harm

   

  The restrictions set out in the Licensing Act 2003 will apply.  No unusual risks of harm to children have been identified.  All members of staff concerned with the sale of alcohol to be trained with regard to the sale of alcohol and under 18s.  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.  Only UK photo drivers licence and passport, or other future Government initiative will be accepted.  Challenge 21 will be promoted.  AWP machines to be in full view of the bar and any cigarette machine to have the appropriate notice displayed above it regarding purchase of cigarettes.

   

   

   

   

   

   

   

   

   

   

   

   

   

   

• Conditons attached after a hearing by the Licensing Authority

  The appropriate terminal hour for the sale of alcohol at these premises is 00.00 hours (midnight) Sunday to Thursday, with the premises closing to the public thirty minutes later at 00.30 hours.  On Friday and Saturday, the Sub-Committee considers that it is appropriate for alcohol to be sold until 00.30 hours with the premises closing to the public at 01.00 hours