Pendle Witch

90/92 Penny Street, Lancaster, Lancashire, LA1 1XN

Completed application 019134 which is a Change of Supervisor for Premises Licence from 24/11/2005 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
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol
• any playing of recorded music

Additional Conditions

• Embedded/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

   

  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(s)

   

  See attached for Public Entertainment Licence conditions

• Non standard timings

   

  In the event of the transmission of any recognised international event which falls outside the current permitted hours on the premises licence, to permit the sale of alcohol and provision of hot food commencing one hour before the start of the event and ending one hour after the end of the event, the details of the activity to be notified to the police 10 days beforehand and only take place if the police give their consent.

  On the days/dates listed below the additional hours (these in addition to the standard times) are to be permitted for the licensable activity (not including drinking up time) -

  1st January - 1 hour

  Valentines Night - 1 hour

  Burns Night - 1 hour

  1st March (St David’s) - 1 hour

  17th March (St Patrick’s) - 1 hours

  Easter Sunday - 1 hour

  Easter Monday - 1 hour

  Sunday prior to May Bank Holiday (1st) - 1 hours

  May Bank Holiday (1st) Bank holiday Monday - 1 hour

  Sunday prior to May Bank Holiday (2nd) - 1 hours

  May Bank Holiday (2nd) Bank holiday Monday - 1 hour

  Sunday prior to August Bank holiday - 1 hours

  August Bank holiday Monday - 1 hour

  Halloween - 1 hour

  Christmas Eve - 1 hours

  Boxing Day - 2 hours

  27th December - 1 hours

  28th December - 1 hours

  30th December - 1 hours

  On New Year’s Eve regulated entertainment, the provision of late night refreshment and the sale/supply of alcohol will be permitted and the premises may remain open from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day

  An additional hour to the standard times on the day when British Summertime commences

• Offered Conditions

   

  1        The designated premises supervisor or a person nominated by them shall actively participate in and support the local pub watch scheme (where active). Text and or radio pagers where already used will be used for any additional hours.

  2        Late night refreshment  to be sold in conjunction with the supply of alcohol if required

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

   

  Operating Schedule

   

  General - all four licensing objectives

   

  Keystones is part of and operated by Mitchells & Butlers 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 a 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 & 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 represent 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

   

  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 the 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

   

  The style and nature of the operation will not differ significantly from the existing trading operation during the external 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 rude 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 Licencing Authority

   

  1        A personal licence holder a) shall normally be on the premises from 20.00 hours on Sundays to Thursdays (inclusive) and b) shall be on the premises from 20.00 hours on Fridays and Saturdays except in the case of an emergency. This condition does not oblige the premises licence holder to have more than one Personal Licence holder employed at the premises at any time and will not (save for the period after 20.00 hours on Fridays and Saturdays except in the case of an emergency) prevent a sole Personal Licence holder attached to the premises from being absent from the premises due to his normal shift patterns, days off, holidays or sickness

  2        Whenever the designated premises supervisor is not on duty at the premises another person 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 at the premises

  3        In the event of the premises employing doorstaff 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         In consultation with the local planning authority, the licence holder will, before the variation takes effect, provide suitable fencing or screening around the external drinking area to meet the concerns of the Police as set out in the crime prevention survey dated the 25th May 2005, and to prevent public nuisance - provided that there will be no breach of this condition if the licence holder has used its best endeavours to obtain planning permission for such fencing or screening, but such permission has not been granted

  5.   All off sales for consumption away from the premises shall cease at 23.00 hours, and that in this respect the premises comprise the ground floor trading area and the rear external drinking area (beer garden).  The Condition does not prevent sales after 23.00 hours for consumption in the ground floor trading area and the rear external drinking area (beer garden)