Strawberry Gardens

Heysham Road, Heysham, Morecambe, Lancashire, LA3 2NZ

Completed application 051271 which is a Variation Application for Premises Licence from 19/05/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• 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)

   

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

   

  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.

   

  Alcohol Pricing

   

  (a)              s 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;

   

  (b)              “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.   

   

  (c)              “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

   

  (d)              “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994

   

  1.              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.

   

  2.              (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

   

  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(s)

   

  See attached for Public Entertainment Licence conditions

• Non standard timings

   

  1.              Where Christmas Eve falls on a Sunday to Thursday then Friday to Saturday hours will apply

  2.              On occasions of local, national or international significance or for charitable events, limited to 6 per annum with 7 days notice and agreement with the police. On these occasions alcohol will not be sold/supplied after 01.00 the following morning and the premises will not be open to the public after 01.30 hours the following day. No such applications will be applied for in respect of St. David’s Day, St. Patrick’s Day, St. George’s Day or St. David’s Day

  3.              On the Sunday of Public Holiday weekends regulated entertainment will be permitted until 00.45 hours the following day and the sale/supply of alcohol will be permitted until 01.00 hours the following day and the premises may be open to the public until 01.30 hours the following day

   

• Conditions consistent with operating schedule in agreement with Police

  Any requirement for SIA Door Staff to be on a risk assessment basis such as:

  Music Festivals, St Patrick’s Day, Bank Holidays, last Friday before Christmas known as ‘Black Eye Friday’, Any showing of major sporting events including Boxing, Football (World Cup, European Championships, Premier League), Wrestling etc.  

   

  Where there is information from Police where security is needed such as a wake, funeral or high tensions in the area and community.

   

  Also,consideration for SIA Door Staff for Private Bookings or events such as Christenings, Birthdays, Funeral Wakes where there is a possibility of large numbers of patrons.

   

  The DPS must risk assess these events and have in place sufficient SIA Door Staff cover to manage the premises and ensure the Licensing Objectives are being promoted.

  Any bookings, events etc where large numbers expected (large numbers being in excess of what the DPS usually expects on any given day of trading) then the DPS is requested to email Police Licensing.

   

  Management are welcome to contact Police Licensing for any advice on these matters. 

   

  Guidelines for SIA Door Staff are 2 x SIA Door Staff cover for the first 100 patrons then a further 1 x SIA Door Staff cover for each 100 patrons therein.

   

  Should Door Staff be used at any time then a written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:-

   

           the door supervisor's name, date of birth and home address

                       his/her Security Industry Authority licence number

                       the time and date he/she starts and finishes duty

                       the time of any breaks taken whilst on duty

   

  During any of these events then the DPS must ensure that drinks will only be served in vessels made from polycarbonate, plastic or another non-glass alternative. All glass bottles must be decanted into such a vessel prior to being given to the public.

  A documented Challenge 25 scheme will be operated at the premises.  The Challenge 25 scheme shall be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over.  Failure to supply such identification will result in no sale or supply of alcohol to that person.

   

  The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the display of Challenge 25 posters bearing the PASS logo.

  A PASS accredited holographic proof of age card will be the main identification document accepted at the premises as proof of age.  A PASS card must be accepted as proof of age if a purchaser possesses one.  Where a purchaser does not possess a PASS accredited proof of age card, only the following alternative forms of alternative identification will be acceptable:-

   

  (a)              Photo driving licence

  (b)              Passport

  (c)              Her Majesty’s Forces Warrant Card

   

  Suitable signage will be displayed to specify the Challenge 25 policy is in place.

   

  An incident book will be maintained in which there will be recorded:

   

                                     All incidents of crime and disorder

                                     Refused sales to suspected under-age and drunken persons.

                                     A record of any person asked to leave the premises.

                                     Details of occasions on which the police are called to the               premises.

                                     A record of persons searched on suspicion that drugs are being               carried and the reason for such suspicion.

   

  The book will be available for inspection by a police officer or authorised person on demand.

   

  All staff involved with the provision of alcohol will successfully complete training in age related products prior to operating a till. Refresher training will also be successfully completed not more than every 6 months, this will be fully documented and be available for inspection to police officers or other authorised persons.

   

  All staff shall receive suitable training with regard to serving drunks and are to receive regular refresher training at intervals of a maximum of 6 months. Records to be kept of this training and made available on request to responsible authority.

   

  Procedures are in place to ensure all staff are aware of their responsibilities in respect of serving alcohol and the relevant provisions of the Licensing Act 2003. All staff are made aware of their responsibilities in respect of the sale of alcohol and the potential for problems that can occur if too much is consumed and the effect that can have on the behaviour of customers. As much as possible care is taken to ensure all customers are safe and do not create disorder when leaving the premises.

   

  Frequent collection of drinking vessels will be undertaken to ensure that empty containers do not accumulate in or around the Licensed Premises.

   

  CCTV equipment shall be installed and be maintained in good working order in accordance with the manufacturer's instructions. Training should be provided for staff members in the usage of the CCTV equipment. CCTV footage recorded must, as a minimum, cover each entry/exit point of the premises and be recording at all times when the premises is conducting licensable activities.

   

  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days.

   

  The Data Controller will make footage available within a reasonable time to a Police Constable or Authorised Officer, where such request is made in accordance with and which satisfies the Data Protection Act 1998.

   

  Regular hourly toilet checks to be carried out and recorded to discourage drugs taking or drug dealing activity.

   

  A Drugs Policy must be in place at the premises and positive action taken when drugs are found. Appropriate signage must be on display and all incidents reported to 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

  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.              No first 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

  4.              Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 22.00 hours

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

  6.              The entrance/exit to the car park on Knowlys Road will be chained across by 23.00 hours at the latest each day

  7.              All external windows and outward opening doors shall be kept closed when regulated entertainment is being provided except in the event of an emergency

  8.              That before the variation takes effect a noise limiter shall be installed at the premises to control the volume of amplified music.  Such limiter must be installed, set and maintained to the satisfaction of the Head of Health and Strategic Housing of the Lancaster City Council

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

  10. Under 18 year olds will not be allowed to play on Gaming Machines and 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.

   

   

  General - all four licensing objectives

   

  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 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.

  If a disc jockey is used on any night then he/she will ask customers to leave quietly.

   

  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.

  If appropriate, notices will be displayed asking our customers to respect our neighbours when leaving the premises.

  Where already used text/radio pagers will continue to be used for the additional hours of trading and will be monitored by a responsible member of staff.

  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).

   

  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.

   

   

• Conditions attached after a hearing by the Licensing Authority

   

  1.              Any outside area will be patrolled every 30 minutes after 2200 hours to ensure compliance with licence conditions

  2.              Signs to be erected in the outside areas stating that consumption of alcohol is forbidden after 2200 hours

  3.              Signs to be erected stating “Please have respect for local residents when using the outside areas and when leaving the premises”

  4.   A screen is to be erected outside to enclose the beer garden