Tipple Cocktails

61 King Street, Lancaster, LA1 1RE

Completed application 047983 which is a Minor Variation Application for Premises Licence from 19/01/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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 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

   

  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)

   

   

   

   

   

• Conditions consistent with operating schedule

   

  There will be strong management controls and effective training for all staff so that they are aware of the premise licence conditions and the requirement 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

                        vigilence in preventing the use and sale of illegal drugs at the retail area

                        no violent and anti-social behaviour

                        no harm to children

   

  The Designated Premises Supervisor is obliged to be in regular day-to-day control of the premises and provide suitable documented training for staff on the Licensing Act. The Licenceholder must carry out all functions and operate the business with the purpose of promoting the four licensing objectives through staff training, developing policies and strategic partnerships with other agencies.

   

  Prevention of crime and disorder

   

  CCTV equipment must 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 system will display on any recording the correct time and date of the recording. The images captured must be of a suitable standard required by Lancashire Constabulary.

    

  The images recorded by the CCTV system must be retained in unedited form for a period of not less than 30 days. A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises are open to the public. This staff member will be able to show police or any other authorised person recent data or footage with the absolute minimum of delay, when requested.

   

  The Licence Holder or Designated Premises Supervisor will notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.

   

  Appropriate signage informing customers that CCTV is recording must be displayed in conspicuous positions on the premises.

   

  Weekly documented checks of the CCTV system, including the recording system, will be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.

   

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

   

  On Friday & Saturdays nights (including Bank Holidays & New Years Eve), a minimum of 1 SIA registered door staff must be on duty for the first 100 customers from 9pm to close followed by an extra one member of door staff for each additional 100 customers or part thereof.

  A written record must 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.

   

  A Door Supervisor must be positioned at the entrance/exit of the premises to ensure that no customer leaves with any drinks, that customers leave the premises safely (due to close proximity of busy main road) and to monitor customers using the outside as a smoking area.

  All staff involved in the sale of alcohol will be at least the age of 18 years.

  Unaccompanied children will not be allowed upon the premises.

  Staff must record any incidents on the premises. Records to be kept in an appropriate form and be made available for inspection to the police or other authorised agency upon request.

   

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

   

  No drinks are allowed outside - staff to be vigilant and ensure regular checks are made.

   

  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. Frequent checks of the toilets must be undertaken to check for any drug use.

  Any pre-booked events such as Christenings, Parties etc, must be risk assessed as to the requirement for door security.

  DPS/Management must work closely with Lancaster Centre Partnerships such as Pubwatch (voluntary), Police, Council etc.

  A personal licence holder must be on the premises at all times during which intoxicating liquor is being sold or supplied to customers, except in the case of an emergency. This person should be employed by the premises licence holder and must be act in a responsible manner during this time.

  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.

  Public safety

  There will be adequate fixed internal and external lighting.

  Staff will be well trined in adherence to environmental health requirements.

  A log book or recording system must be kept at the premises in which shall be entered details of any inspections made, including those required to be made by statute and any further information compiled in order to comply with the public safety licensing objective.

  All parts of the premises including fittings and apparatus contained therein, door fastenings and notices, lighting, heating, electrical, air conditioning, sanitary accommodation and other installations will be maintained at all times in good order and in a safe condition.

  Prevention of public nuisance

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

  Deliveries of goods necessary for the operation of the business must be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

  The Licenceholder will ensure staff who arrive early morning or depart late at night when the business is not trading conduct themselves in such a manner so as to avoid causing disturbance to nearby residents.

  Customers will be asked not to stand around loudly talking in the street outside the premise

  Customers must not be admitted to the premises outside of opening hours.

  The movement of bins and rubbish outside the premises must be kept to a minimum after 23:00 hours in order to reduce levels of noise.

  Any lighting on or outside the premises must be positioned in such a way so as not to cause disturbance to nearby residents.

  Protection of children from harm

  A documented Challenge 25 scheme will be operated at the premises.  The Challenge 25 scheme must 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:-

   

                                 Photo driving licence

                                Passport or

                                Her Majesty’s Forces Warrant Card

   

  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.

   

  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.