Pendle Witch

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

Completed application 031585 which is a Change of Supervisor for Premises Licence from 26/04/2011 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

• 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.

   

  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

   

•  

• 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

   

  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.

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

  The CCTV system shall be maintained in good working order and used at all times when the premises are open for licensable activities. Any CCTV footage shall be kept for at least 28 days and shall be available to the Licensing Authority or Police on request.

   

  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 Beer Garden shall not be used for the consumption of food or drink after 00.00 hours. Notices shall be displayed advising customers that the Beer Garden is not to be used after this hour. Staff will monitor the area and redirect customers who wish to smoke after 00.00 to the front and side exits of the premises.

   

  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)