Lancaster City CouncilMorecambe Town Hall

Embargo

283 Marine Road Central, Morecambe, LA4 5BY

Completed application 037017 which is a Variation Application for Premises Licence from 08/08/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol

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).

  where it is reasonably available.

  5.              The responsible person shall ensure that free tap water is provided on request to customers.

   

  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.

   

  Mandatory Conditions from 28th May 2014

   

  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 consistent with Operating Schedule

   

  Strong management controls combined with effective training of all staff to satisfy the four licensing objectives with particular attention to:-

   

                        no sales of alcohol to underage people

                        no drunk and disorderly behaviour on the premises

                        vigilance in preventing the use or sale of illegal drugs                           

                        no violent and anti-social behaviour

                        preventing harm to children

   

   

  The Designated Premises Supervisor will be in day to day control of the premises in order to make or authorise each sale of alcohol.

   

  "Challenge 25" information will be displayed to prevent any supply of alchol to under-age persons.

   

  Prevention of crime and disorder

   

  There must be no sales of alcohol to customers who are intoxicated.

  Custom must not be sought by means of personal solicitation outside or in the vacinity of the premises.

  Staff must be vigilant in the prevention of any illegal drug use.

  Staff will be well trained in asking customers to utilise the premises in an orderly and respectful manner.

  The premises frontage and rear must be kept safe and secure at all times.

   

  Public Safety

   

  There must be adequate internal and external lighting at the premises.

  Staff will adhere to any environmental health requirements.

  A log book or recording system will be kept upon the premises in which shall be entered details of all inspections made by any authority. This will be readily available for inspection  by the police or an authorised officer.

  Apparatus and fittings within the premises, including but not limited to, door fastenings and notices, lighting, heating, electrical, air conditioning, sanitary accommodation, will all be maintained in good working order and in a safe condition.

   

  Prevention of public nuisance

   

  There must be prominent, clear and legible notices displayed at the exit to the premises requesting customers to respect the needs of nearby residents and leave the area quietly.

  Customers will be advised not to congregate talking loudly in the street outside the premise

  No customers will be admitted to the premises after closing hours.

   

  Deliveries of goods necessary for the operation of the business must be undertaken at such a time and in such a manner so as to minimise disturbance to nearby residents.

  Adequate waste receptacles for use by customers must be provided.

  Movement of refuse bins outside the premises must be kept to an absolute minimum after 23:00 hours.

   

  All lighting on or outside the premises must be positioned and screened in such a manner so as not to cause a disturbance to nearby residents.

   

  Protection of children from harm

   

  Staff will be fully trained in "Challenge 25" requirements whereby anyone who looks under the age of 25 years old will be asked to produce identification to verify that they are over 18 years old. The only acceptable forms of identification are:-

   

                       UK photo card driving licence

                       Passport

                       PASS (proof of age standards scheme) card

                       Armed Forces ID card

   

  Challenge 25 signage must be displayed within the premises.

   

  Details with regard to staff training will be kept in a Training Record Book available for inspection at the restaurant.