The Kings Arms

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

Completed application 045251 which is a Change of Supervisor for Premises Licence from 30/09/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• the supply 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 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

  See attached for Public Entertainment Licence conditions

• Non standard timings

  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

  An additional hour from the end of permitted hours on Sunday preceding a Bank Holiday Monday.

  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 at all times from 21.00 hours till the premises are closed to members of the public, except in the case of an emergency.

  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.              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 100 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 25 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.