Friary

116 St. Leonard's Gate, Lancaster, Lancashire, LA1 1NR

Completed application 032601 which is a Change of Supervisor for Premises Licence from 14/11/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol
• any playing of recorded music

Additional Conditions

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• Embedded/Mandatory Conditions

   

  On New Year’s Eve alcohol may be sold, regulated entertainment undertaken and late night refreshment provided 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

   

  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

   

• Conditons on previous licence

  See attached for Public Entertainment Licence conditions

• Offered Conditions

   

  1        Late night refreshments to be sold in conjunction with the supply of alcohol if required

  2.   Whenever children are permitted on the premises there will be no adult entertainment allowed.

   

  Operating Schedule

   

  General - all four licensing objectives

   

  Friary is part of and operated by Mitchells and Butler’s Group (MAB).  MAB own and operate over 2000 separate managed businesses within the United Kingdom.  Managers are employed by the company and operate under the direction and procedures of the company.  We adopt the corporate approach to risk management across the whole estate.  This ensures a consistent approach to the management of risk in each of our businesses through a range of policies, procedures and roles.  This approach is fundamental to our operating principles and is integrated into the way we run our businesses.

   

  We refer to the attached document, “Mitchells and Butler - A Guide to our Policies”.  This document which does not form part of this operating schedule, demonstrates our total commitment to best practice policies, enforced and monitored at this site.  It is not possible to submit such policies as potential conditions as they are obviously subject to other legislation, corporate responsibility considerations and market conditions and are therefore liable to change from time to time.

   

  This is a variation application that does not present a fundamental change in the way in which this premises has already been trading under its existing licences and conditions.  We are required in Schedule 1, Part B2 to state “any additional steps that you intend to take in order to promote the four licensing objectives if the proposed variation is granted”.  We have carefully considered the risks and benefits associated with the additional hour(s) applied for and the conditions attached to our PEL adequately address all the licensing objectives save where additional steps are necessary which are indicated below.

   

  We will continue to train our staff in the standards required by the relevant legislation and as required by company policy.

   

  Our voluntary closure policy for the operation is 30 minutes after the approved closure time for the supply of alcohol.

   

  The prevention of crime and disorder

   

  On each Thursday, Friday and Saturday night when the premises trade for the sale of alcohol beyond 01.00 hours, a minimum of two door staff registered with the SIA will be on duty from 21.00 hours for the first 100 customers and thereafter 1 for every 250 or part thereof. Where the premises trade past 01.00 on Mondays to Wednesdays there will be two door staff on duty from 22.00.

   

  The company monitors the need for door supervisors and in so doing takes into account any advice given by the Police.

   

  The pub manager is required to actively participate in and support the local Pubwatch Scheme (where active).

   

  Text and / or radio pagers, where already used will be used for any additional hours.

   

  Toughened glass is currently in use and will continue to be used during any additional hours.

   

  Existing CCTV system will continue to operate during the additional hours.

   

  In line with our Alcohol and Social Responsibility Policy there will be no promotions that encourage illegal, irresponsible or immoderate consumption.

   

  Public safety

   

  We already understand our obligations under existing Health and Safety legislation, take our responsibilities seriously and have extensive policies and practices in place to meet these obligations (see “Guide to our Policies”).

   

  It is our opinion that the nature of the operation and proposed variation will not lead to any increase in risk of public safety.  The existing policies will simply be extended to cover the relatively small increase in opening hours.  Our internal health and safety due diligence and incident reporting system will operate during the additional hour(s).

   

  The prevention of public nuisance

   

  If as a result of trading until 02.00 Monday to Wednesday, Environmental Health receive a complaint and are satisfied that a noise nuisance is being caused then the operator will, in conjunction with EHO, install a noise limiter.

   

  The style and nature of the operation will not differ significantly from the existing trading operation during the extended hour(s).  Indeed, the grant of the additional hour(s) will of itself promote the licensing objectives as stated at paragraph 3.29 of the Guidance.  In allowing customers to emerge from premises at a more gradual rate.

   

  Reasonable steps are taken to recognise the rights of local residents and to encourage customers to leave the premises quietly.

   

  Managers are required to liaise with local neighbours as part of their duties and resolve any reasonable concerns in accordance with our Role in the Community Guidelines.

   

  The protection of children from harm

   

  We recognise the importance of protecting children from harm and this is supported by:-

   

           Our commitment to health and safety in the operation and maintenance of the premises.

           Our approach to managing the risk of under-age drinking.

   

  We will, at all times, observe the law and ensure that alcohol is not served to people who are under 18 years of age.  The manager and staff are briefed in the importance of their responsibilities in ensuring customers are over 18.

   

  No adult entertainment (paid for by the company of a nude physical nature) is permitted at these premises.  Any children under 16 remain the responsibility of the accompanying adult when using the premises (and / or exterior area).  Staff are not allowed to be in sole supervision of children which remains the responsibility of the accompanying adult at all times.

   

• Conditions attached after a hearing by the Licensing Authority

   

  1        A personal licence holder shall except in the case of emergency be on the premises at all times when intoxicating liquor is being sold or supplied to customers or consumed by customers after 20.00 hours and when special events are screened during daytime hours when large numbers of customers are expected in the premises.

  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. The details of such person to be on prominent display outside the premises.

  3        Door supervisors registered with the SIA shall be equipped with an appropriate method of keeping an accurate record of the capacity levels, including any separate capacity levels for individual rooms or levels.

  4        Door supervisors shall when on duty be positioned at each entrance/exit (other than fire only exits) to ensure that no customer leaves with any bottles or glasses or food container or wrapper.

  5        The designated premises supervisor or a person nominated by him 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

  6        The recommendations of a crime prevention survey conducted by the Police with regard to CCTV provision and the siting of CCTV cameras, and the placing of signs in toilets shall be fully complied with before the variation takes effect.

  7        Any person who looks 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)

  8        When the terminal hour is 01.00 hours the following day or later there shall be 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.

  9        The premises licence holder 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 shall use any community/network radio system available.

  10. There shall be no sales of alcohol for consumption off the premises after 23.00 hours