Hustle

2 Spring Garden Street, Lancaster, Lancashire, LA1 1RQ

Completed application 043748 which is a Minor Variation Application for Premises Licence from 23/11/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• Mandatory conditions where licence authorises the supply of alcohol

   

  1.              No supply of alcohol may be made under the premises licence -

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.              The supply of alcohol under the 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)

   

   

   

• Non standard timings

   

  On New Year’s Eve alcohol may be sold from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 hours (midnight) on 31st December)

   

  An additional hour to the standard times on the day when British Summertime commences.

   

  On no more than 15 occasions per calendar year, the extensions for the supply of alcohol can only take place if at least 10 days notice is provided to police and the licensing authority and only if the police give their consent

   

   

• Conditions consistent with operating schedule

   

  Prevention of crime and disorder

   

  The designated premises supervisor shall have at least 2 years experience of managing similar premises in a similar capacity.

   

  A personal licence holder shall be on the premises at all times during which intoxicating liquor is being sold or supplied to customers, or consumed by customers, except in the case of an emergency.

   

  Whenever the designated premises supervisor is not on the premises another personal licence holder will be nominated by the designated premises supervisor as being the responsible person to manage the premises and will have the contact details of the designated premises supervisor, the details of such person to be on display outside the premises.

   

  All door staff to be S.I.A. registered.

   

  On Friday/Saturday and Saturday/Sunday there will be 2 SIA registered doorstaff on duty from 22.30 hours, a third registered doorstaff will be on duty from midnight. Sunday to Thursday there will be a minimum of 1 SIA registered doorstaff on duty after 22.30 hours if trading after 01.00 hours

   

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

   

  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 in any container/or wrapper.

   

  The designated supervisor will maintain a daily record comprising of the following; - start time and finish time of each door supervisor.  The door supervisor will record their S.I.A. badge number and will sign and print their name in a legible form at the beginning and end of each tour of duty.  The record shall be kept securely on the premises for at least 6 months and shall be produced on request to the police or other authorised person.

   

  A dispersal policy, which is agreed by the police, to be implemented at all times.

   

  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 minumum, 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 must be retained in unedited form for a period of not less than 21 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 drinks offers at less than £1.

   

  Active member of the Local Pubwatch scheme.

   

  Text/radio pagers connecting premises to the local police so that a rapid response can be made by the police/potential trouble makers can be refused entry.  The text/pager equipment to be kept in working order at all times - DPS/licence holder to be responsible for the pager at all times.

   

  Crime prevention notices to be displayed prominently on the premises, for example, a warning not to leave bags unattended etc.

   

  The premises licence holder will provide to the police a drugs policy for the premises, shall as a minimum, contain all of the best practices outlined in the guidance published by the Home Office and the London Drug Policy Forum ‘Safer Clubbing’.

   

  Public safety

   

  Annual check to be allowed by the relevant bodies to ensure all safety features and measures are being complied with.

   

  The maximum number of persons (including staff) allowed to be on premises at any time shall be 400 (320 on the ground floor and 80 on the first floor)

   

  No person to be allowed access to the premises one hour before closing.

   

  No drunk, unruly or disorderly people to be allowed entry to the premises.

   

  Dress code policy.

   

  Prevention of public nuisance

   

  Sign placed above the door asking customers to leave quietly.

   

  Calling taxis for customers to ensure they are moved off the premises quickly and quietly.

   

  Steps will be taken in order to minimise any smells coming from the premises, in particular from the kitchen.

   

  Protection of children from harm

  
  Any person who looks or appears to be under the age of 25 years shall be asked to provide identification to prove that they are over the age of 18.  The following are the only forms of identification acceptable:- 

   

                       UK photo driving card

                       Passport

                       PASS card (proof of age standards scheme)

   

  There will be no adult entertainment services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in               respect of children

   

  No admittance to under 18s unless whole premises is hired out for a private function.

   

• Non standard timings

   

  On a Sunday preceding a Bank Holiday Monday, the terminal hour for the sale and supply of alcohol, regulated entertainment and hours open to the public will be the same as if it were a Saturday

• Conditions agreed with Lancashire Constabulary - Variation of Licence September 2012

   

  (1)              There must be in place a method of controlling customers waiting to enter the venue, so to avoid crowds gathering outside the venue in the road, namely, Spring Garden Street.

   

  (2)              There must be in place a method of controlling customers waiting outside the venue for the purpose of smoking.  These customers shall not be permitted to cause an obstruction to road users

   

  (3)              All door-staff officers working the front door entrance must be wearing a highly reflective outer garment

   

   

   

   

• Conditions attached following a hearing by the Licensing Authority 14th Sept 2016

   

  The bottle skip will not be emptied between the hours of 23:00 and 08:00 the following day.

   

  There will be a dispersal policy in place (see attached)

   

  On any evenings that the premises carries on licensable activities beyond 04:00 hours, from 02:00 hours onwards any customer wishing to smoke will be directed to the smoking area at the rear of the premises. Members of staff or door supervisors will monitor the area and will ensure that customers are asked to return inside the premises as soon as possible. Rowdy behaviour will not be tolerated and customers will either be asked to return inside the premises immediately or asked to leave. This condition shall not apply on occasions that the bar/room to the rear of the premises is not in use.

   

  On any evenings that the premises carries on licensable activities beyond 04:00 hours, from 04:00 hours onwards the front entrance will not be used except in the case of an emergency. From 04:00 hours onwards, the rear door will become the primary entrance/exit.

   

  From 00:00 music in the front bar will be inaudible to local residents.

   

  All doors and windows will be kept closed from 22:00 hours onwards, except for the purposes of access and egress.

   

  From 23:00 hours onwards, hourly noise assessments shall be made of any noise emanating from the premises. Wherever said assessments indicate that noise is likely to cause nuisance to any residents in the vicinity, steps will be taken to reduce the level of noise. Written records of these assessments will be made available to an authorised officer upon request.

   

  Customers will not be permitted to take open drinks outside.

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