Lancaster City CouncilMorecambe Town Hall

Replenish Kitchen

3-1-5 Health Club, Mannin Way, Lancaster, LA1 3PE

Completed application 048171 which is a New Application for Premises Licence from 31/10/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live 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

   

  (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

   

   

   

   

• Conditions consistent with operatig schedule

   

  Prevention of crime and disorder

   

  There shall 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 or passport indicting that they are over 18 years of age. Armed Forces ID is also acceptable.

   

  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 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 6 months, this will be fully documented and be available for inspection to police officers or other authorised persons.

   

  CCTV equipment shall be installed and shall 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 licensed area of the premises and be recording at all times when the premises is conducting licensable activities.

   

  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.

   

  Public safety

   

  The fire safety measures provided on the premises must be maintained in good working order and their adequacy will be determined on a regular basis by carrying out a fire risk assessment as required by, and in accordance with, the Regulatory Reform (Fire Safety) Order 2005.

  An adequate and appropriate supply of First Aid equipment and materials must be available on the premises.

  All safety certificates and inspection reports must be kept on site and made available for inspection by officers of relevant statutory bodies.

  All bottles, glasses and rubbish must be removed from public areas on a regular and frequent basis.

  Irresponsible drink promotions must not be permitted and the standards for the management of responsible drinks promotions including "happy hours" produced by the British Beer and Pub Association will be complied with.

  The Licence Holder or people authorised by them must check the premises before it opens to the public to ensure there are no risks to patrons and that all safety precautions are in place.

  The Licence Holder must ensure that all staff receive appropriate training about emergency and general safety precautions and procedures.

  The Licence Holder must ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.

  Free drinking water must be made available at all times the premises is open to the public.

  CCTV in operation and maintained.

  There must be no amplified music played outside.

  Staff will remind customers to leave quietly at all times.

  Refuse bins shall not be emptied after close of business but undertaken during daytime hours.

   

  Prevention of public nuisance

   

  The licence holder must ensure that staff regularly patrol the premises both indoors and outdoors to supervise the orderly conduct of patrons.

  The Licence Holder, or persons authorised them, must control the volume of regulated entertainment taking place at the premises.

  No music or speech is permitted to be played by external speakers without written consent from us.

  All external windows and doors will be kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment are likely to rise to noise.

  Where outside areas are provided for the use of patrons facilities for the disposing or collecting of litter will be maintained.

  To minimise the effect of littering, the applicant will provide litter bins both inside and directly outside the premises. During opening hours, and at the close of business, arrangment must be made for litter from the business to be collected from the immediate vicinity and stored inside the premises pending collection.

  There are no outdoor areas to patrol and there will be no alcohol sold that leaves the premises.

   

  Protection of children from harm

   

  A Challenge 25 policy must be employed where those individuals who appear to be under the age of 25 attempting to purchase alcohol must be asked for identification. The only acceptable form of identification is:-

   

                       PASS (proof of age standards scheme) card

                       Photo driving licence

                       Passport

                       Armed Forces ID card

   

  Signage outlining this policy will be clearly displayed.

  As this is a Health Club alcohol sales are at a minimum. Nevertheless, frequent training will be provided to ensure that only correct forms of ID are taken.

  No one under the age of 18 years must be admitted into the premises whilst entertainment of an adult nature is taking place.

  Alcoholic drinks can only be consumed in the bar and lounge area on the ground floor. Appropriate signage will be placed to notify customers.

  Children under 16 are not allowed in the bar or lounge area unless accompanied by an adult.