The Kings Arms

248-250 Marine Road, Morecambe, Lancashire, LA4 4BJ

Completed application 023186 which is a Minor Variation Application for Premises Licence from 03/11/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

Additional Conditions

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• 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

   

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

   

  Special Hours Certificate

  (1)               Subject to the following paragraphs, the permitted hours on weekdays shall extend in respect of the ground floor and the first floor until 02.00 hours in the morning following except that-

                (a)              the permitted hours shall end at 00.00 hours (midnight) on any day on which music and dancing is not provided after 00.00 hours (midnight); and

                (b)               on any day that music and dancing end between 00.00 hours (midnight) and 02.00 hours in the morning, the permitted hours shall end when the music and dancing end

  (2)              In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect with the substitution of references to 03.00 hours in the morning for references to 02.00 hours in the morning

  (3)              Except as provided in (4) below, the permitted hours on Sundays shall extend until 00.00 hours (midnight)

  (4)              On Sundays immediately before bank holidays other than Easter Sunday, the permitted hours shall extend until 02.00 hours (in the morning) following except that-

                (a)               the permitted hours shall end at 00.00 hours (midnight) on any Sunday on which music and dancing is not provided after 00.00 hours (midnight);

                (b)               where music and dancing end between 00.00 hours (midnight) on any Sunday and 02.00 hours (in the morning), the permitted hours on that Sunday shall end when the music and dancing end

  (5)               The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

  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)

• Conditions on previous licence

  See attached for Public Entertainment Licence conditions

• Non standard timings

  1.              On St. David’s Day; St. Patrick’s Day; St. George’s Day; and St. Andrew’s Day - the finish time will be extended by one hour, with 7 days notice and agreement with the police

  For statutory bank holiday weekend periods (Friday, Saturday, Sunday and Monday) and for the Thursday before Good Friday and for Christmas Eve, the finish time will be extended by one hour beyond the standard times. On occasions of local, national or international significance or for charitable events, limited to twelve per year, the finish time will be extended by one hour, with fourteen days notice and agreement with the police.

• Offered Conditions

   

  1.              A personal licence holder shall normally be on the premises at all times during which intoxicating liquor is being sold or supplied to customers or consumed by customers, except in the case of an emergency save for Friday and Saturday when a personal licence holder shall be on the premises from 21.00 hours

  2.              Whenever the designated premises supervisor is not at the premises another personal licence holder will normally 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.              When the premises provide licensable activities after 01.00 the following day a minimum number of 2 members of door staff registered with the SIA will be on duty from 22.00 hours for the first 100 customers and thereafter one for every 200 or part thereof

  4.              Door supervisors registered with 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

  5.              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

  6.              Only glasses, which are made of ‘toughened glass’ will, as far as reasonably possible, be used whether alcohol is being consumed on the premises or in any area outside the premises, which trades as part of the premises

  7.              To maintain and operate a CCTV system, which complies with the minimum requirements, expected of the Lancashire Constabulary and shall record during all hours that a licensable activity takes place on the premises

  8.              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)

  9.              When the premises are to be open for licensable activities beyond 00.00 (midnight) 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

  10.              The designated premises supervisor 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 would include registration and use of community/network radio

  11.              Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 23.20 hours

  12.              The provision of off-sales to terminate at 23:00 hours

  13.              Under 18’s will not be allowed to play Section 34 permitted AWP machines

  14.              Children will not be allowed in the area immediately adjacent to the bar servery

  15.       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

   

  a)  General - all four licensing objectives (b,c,d,e) (please read guidance note 9)

   

  We have applied for an extended period between the cessation of the supply of alcohol and the closure of the premises to give us the option to allow for a more gradual dispersal of customers. The style and operation of the pub will not differ significantly during the extended hours. Where this is appropriate, non alcoholic refreshment will be available in the extended period.

   

  The premises will respect Spirit Group’s Approach to Responsible Drinking (a copy of which is enclosed in support of this application). Our policies change at regular intervals to reflect current trends and it would be inappropriate to standardise them on a permanent basis. The enclosed policy is included for information only and not as suggested conditions or to form part of any other Operating Schedule.

   

  b)  The prevention of crime and disorder

   

  When door staff are used they will be Security Industry Authority (SIA) approved and operate in accordance with the security industry guidelines. A zero tolerance towards illegal drugs will be enforced at all times. If a disc jockey is used on any night then he/she will ask customers to leave quietly. All instances of crime and disorder will be reported to the police and will be kept in an incident log book. The existing CCTV system will continue to operate and be kept in good working order.

   

  c) Public safety

   

  Public safety is integral to the way that the Spirit Group runs its business and is reviewed regularly through our health and safety policy. This policy is fully briefed and trained to all management and staff and we will continue to train our staff the standards required by relevant legislation. Free drinking water will be available at all times.

   

  d) The prevention of public nuisance

   

  Additional patrols will take place by members of staff, internally and externally, to limit any noise pollution when entertainment is being offered within the premises. Notices will be displayed asking our customers to respect our neighbours when leaving the premises. Soft drinks and non alcoholic refreshment will be available if we decide to use the option to stay open for an extended period between the cessation of the supply of alcohol and the closure of the premises (see above under General).

   

  e) The protection of children from harm

   

  When children are allowed upon the premises, any entertainment offered within the premises will be suitable for young persons. Children will be required to be supervised by the accompanying adult at all times. A no smoking area will be provided. Soft drinks and non alcoholic drinks will be available. A recognised Proof of Age Policy will be enforced.