Lancaster City CouncilMorecambe Town Hall

Miaitalia

4 Queen Street, Morecambe, LA4 5EG

Completed application 052722 which is a New Application for Premises Licence from 16/02/2022 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 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 operating schedule

   

  A personal licence holder nominated by the Designated Premises Supervisor shall be on the premises at all times. There will be a sufficient number of staff on the premises to cover generally and extra during busy times.

   

  Staff will receive regular training details of which will be recorded in a personnel file and will be refreshed at regular intervals.

   

  Prevention of crime and disorder

   

  A CCTV system must be installed and maintained at the premises with cameras in the location on the accompanying plan. Recordings will be made of images from the cameras whilst a licensable activity is taking place and will be retained for a period of at least 30 days from the date of recording.

   

  A member of staff must be trained on how to provide copies to police officers, where a request is received that complies with the requirements of The Data Protection Act 2003 and any other legislation covering the disclosure of recorded material.

   

  An incident book will be maintained to record details of any incidents in the premises that relate to the licensing objectives, in particular any refusals of sales of alcohol. Signage will be displayed at the exit to the premises that advises customers that they must not take open alcoholic beverages from the premises.

   

  Public safety

   

  All safety matters at the premises are adequately covered by statutory provisions such as The Health & Safety at Work Act 1974 and The Regulatory Reform (Fire Safety) Order 2005.

   

  Prevention of public nuisance

   

  A telephone number for the premises will be displayed that is visible from the exterior of the building in the event contact needs to be made with staff, to deal with any issue that might arise from the licensable activity.

   

  Staff from the premises will regularly monitor the exterior of the premises in an attempt to identify persons loitering in the area who may have purchased alcohol from the premises or appear to be accompanied by a person who has purchased alcohol from the premises

  Where such persons are identified, they will be requested to leave the area.

   

  Persons identified as drinking alcohol in the immediate area around the premises (whether or not they have purchased alcohol from the premises) will be requested to leave and if they refuse to do so, a report will be made to the Police.

   

  Any person who refuses to leave the area, or is identified as causing anti-social behaviour, will be subject to a ban from the premises. A record of banned individuals shall be maintained in the premises and all staff made aware of persons who are currently banned so that entry may be refused. This record shall be kept available for inspection while the premises are open for trading.

   

  A regular inspection will be made of the area immediately in the vicinity of the premises and any litter that can reasonably be assumed to have originated from the premises will be collected for disposal.

   

  Conditions agreed with Lancashire Constabulary

   

  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 or

  (c)         Her Majesty’s Forces Warrant Card

  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.

  Prevention Crime/Disorder:

  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 30 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.

  No persons under the age of 18 shall be employed on the premises in relation to the selling of alcohol.

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

  Music Festivals, St Patrick’s Day, Bank Holidays, last Friday before Christmas known as ‘Black Eye Friday’.

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

  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. 

  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

   

  All private bookings should be risk assessed by management.  Records of the booking should be kept and any concerns passed to Police Licensing. These records should be available for inspection by Police or any other responsible authority.

  A Personal Licence Holder must be on duty at all times the premises is open for licensable activities except in the case of an emergency.

  The provision of food, including full meals and snacks will form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment.