Morecambe Winter Gardens

209 Marine Road Central, Morecambe, Lancashire, LA4 4BU

Premises Licence LAPLWA0636 from from 03/07/2013 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• a performance of dance
• 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
• any playing of recorded music

Additional Conditions

• 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 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.

   

  Age Verification Policy - Mandatory Condition

   

  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.

   

  Availability of different Measures - Mandatory Condition

   

  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.

   

  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

   

  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 for the showing of films

  During the showing of films, the admission of children must be restricted in accordance with recommendations given either by a body designated under section 4 of the Video Recordings Act  1984 (the British Board of Film Classification - BBFC) or by the licensing authority.

   

   

   

• OFFERED CONDITIONS

   

  Prevention of Crime and Disorder

   

  The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and /or directions given by the Police are complied with.

   

  The Designated Premises Supervisor or another personal licence holder shall be on the premises at all times during the following activities:-

   

                       Whenever the premises is used solely for the sale or consumption of alcohol

                       Whenever the premises is used after 22:00 for the performance of live or recorded music.

                       Whenever the premises is used for a live sporting event.

                       Whenever the premises is used for boxing or wrestling entertainment.

   

  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;

  each entry shall be signed by the door supervisor.

   

  That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  Door supervisors shall be positioned at each entrance/exit (other than fire only exits) to ensure that no customer leaves with any bottles or glasses or food any container/or wrapper.

   

  A minimum number of 2 members of door staff registered with the SIA will be on duty from 22:00 for the first 100 customers and increasing by 1 extra door person for every additional 250 customers or part thereof, during the following activities:

   

                       Whenever the premises is used solely for the sale or consumption of alcohol

                       Whenever the premises is used after 22:00 for the performance of live or recorded music.

                       Whenever the premises is used for a live sporting event.

                       Whenever the premises is used for boxing or wrestling entertainment.

   

  Where door supervisors are on duty they will remain outside the premises following close of business until at least 15 minutes after the last customer has left the premises.

   

  Door supervisors registered with SIA shall be equipped with an appropriate method of keeping an accurate record of capacity levels, including any separate capacity levels for individual rooms or levels.

   

  No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.

   

  No drink shall be sold from a bar or by staff service or consumed in or on the premises other than in a container made from non-splintering plastic, paper or shatterproof glass. 

   

  No drink shall be removed from the premises in an unsealed container.

   

  CCTV,where installed,should be of a standard and cover the areas specified by Lancashire Constabulary. It should be maintained and be recording at all times licensable activity is taking place. At least one member of staff should be on duty at all times who is able to operate the CCTV system and can provide police with removable images when requested.

   

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

   

  There must be in place for the premises a written policy to prevent the sale or supply of alcohol to persons under 18 years of age.  That policy shall require any person who appears to be under the age of 25 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or Armed Forces ID Card indicating that they are over 18 years of age.

   

  To utilise and fully record any refused sales or challenges made to patrons and such records be kept in an appropriate form and be made available on inspection to the police or other authorised agency.

   

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age

   

  There shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the premises licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises. 

   

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

   

  All staff will successfully complete training in age related products prior to operating a till on the sales floor. Refresher training will also be successfully completed not more than every 3 months, this will be fully documented and be available for inspection to police officers or other authorised persons

   

  Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.

   

  The Licence holder and the Designated Premises Supervisor shall arrange adequate supervision of any queue which may form to gain entry to the premises.

   

  The Premises Licence and conditions attached hereto will only have effect in respect of the GROUND FLOOR of the premises and will only operate in respect of that area during any period when organised functions, to which members of the public are admitted, are taking place.

   

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  A Registered Medical Practitioner shall be present at any sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.

   

  Where the entertainment requires the provision of a ring, it shall be installed by a competent person who shall ensure that it is properly constructed and supported and all materials used in its construction are non-combustible. The Premises Licence Holder or the Club Premises Certificate Holder shall obtain a certificate from that competent person that the ring has been correctly constructed is fit for use and is constructed of non-combustible material. The Premises Licence Holder or the Club Premises Certificate Holder shall produce that certificate if required to do so to an Authorised officer of the Council or Lancashire Fire and Rescue Service.

   

  No member of the public shall be allowed to be seated or to enter an area within 2.5 metres of the outermost edge of the playing area of the sport.

   

  No strobe light shall be used in premises unless a notice which can be clearly seen and easily read by the public warning that strobe lights are in use in the premises is displayed at each entrance to the premises.

   

  No person under 18 years of age shall be employed upon the licensed premises.

   

  All pre booked private functions must be documented and available for inspection by police or other authorised persons.

   

  No person under the age of 21 will be allowed to organise or book a private function at the premises.

   

  No pre booked birthday parties will be booked or held at the premises for 16-20 year olds (inclusive).

   

  Where any event aimed solely at the youth market is held at the premises, alcohol must not be sold or consumed.

   

  Where the following events are planned, police must be notified at least 21 days in advance:

                       Any event where the provision of live or recorded music is the main activity and is planned to continue past 24:00 (midnight) or 21:00 hours if the event is aimed solely at the youth market.

                       Any Boxing or Wrestling event.

   

   

  Public Safety

   

  1. The premises licence holder will ensure the appropriate fire safety and health & safety regulations are applied.

  2. Capacity limits - those on fire certification or voluntary restriction.

  3. Provide seating areas.

  4. Maintain and update risk assessments. First Aid kits. Notification if special effects are to be used.

  5. Staff training will also be sought to ensure public safety.

   

  Prevention of Public Nuisance

   

  1. All outdoor activities will cease at 23:00 hours with measures taken to restrict the level of amplification of live or recorded music played out of doors so as not to cause a nuisance.

  2. Promotion of an active "wind down" period.

  3. Keep doors and windows shut.

  4. The licence holder or his/her representative conduct regular assessments of the noise coming from the premises when entertainment is provided and that steps are taken to reduce the level of noise where it is likely to cause disturbance to local residents. A written record to be kept of those assessments in a log book kept for that purpose and to include, the time and dates of the checks, the person making them and the results including any remedial action.

  5. Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance within the neighbourhood.

   

  Protection of Children from Harm

   

  1. Restrictions on their presence during certain activities or certain times (to be set dependant on activity). Minimum Age policies when no event in progress.

  2. Proof of age policies (passport/driving licence) and staff training.

  3. A refusals register will be kept and maintained at the premises and made available to an authorised officer of the police or local authority.