John O'Gaunt

53 Market Street, Lancaster, Lancashire, LA1 1JG

Completed application 040097 which is a Change of Supervisor for Premises Licence from 25/01/2016 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 the licence authorises the sale of alcohol

   

  1              No supply of alcohol may be made under the premise licence -

   

  (a) at a time when there is no designated premise supervisor in respect of the    licence , or

   

  (b) at a time when the designated premise supervisor does not hold a personal licence, or his licence has been suspended.

   

    2                             The supply of alcohol under a 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.

   

   

  Mandatory condition where Door Supervisors are provided

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

   

   

  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

   

   

   

                                           

   

• Conditions on previous licence(s)

   

  See attached for Public Entertainment Licence conditions

• Offered Conditions

   

  1.              A personal licence holder shall normally be on the premises at all times after 20.00 hours 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.              In the event of doorstaff being employed at the premises 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

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

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

  There may be a cigarette machine in full view of the bar (full staff training on under age use) but there will be no Gaming Machines or 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.

   

  Operating Schedule.

  All members of staff and management will have ongoing training on the provision of the Licensing Act 2003 and the promotion of the 4 licensing objectives below.

   

  The prevention of crime and disorder

  No irresponsible drinks promotions.

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

  Active member of the local Pubwatch scheme.

  Whenever the DPS is not at the premises another licence holder will normally, unless in an emergency, be nominated by the DPS 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 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).

   

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

   

  Public safety

  To comply with attached PEL conditions.

  Daily safety audit to be carried out.

  Fire extinguishers on the premises.

  Fire exits clearly signed.

  Emergency lighting.

  Smoke alarms / heat detectors.

  Emergency exits will remain unobstructed at all times.

   

  The prevention of public nuisance

  Whilst regulated entertainment is in progress all windows to be closed.

   

  The protection of children from harm

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

  Premises are a user of the ‘Prove It’ scheme.

  Children under the age of 18 to be off the premises by 8.00p.m. (except staff and those attending a private function).

   

                             

• Non standard timings

  On New Year’s Eve regulated entertainment may be provided from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day