The Study Room

32 Church Street, Lancaster, LA1 1LH

Completed application 036511 which is a Change of Supervisor for Premises Licence from 24/02/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment

Additional Conditions

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• Mandatory Conditions

   

  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)

   

  Credit Sales

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal

   

  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 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).

   

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

   

  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)              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 the Operating Schedule

   

  1.              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

  2.              Whenever the designated premises supervisor is not at 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 prominent display outside the premises

  3.              The designated premises supervisor will maintain a daily record comprising of the start time and finish time of each door supervisor. The door supervisor will record their SIA 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

  4.              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable: UK photo driving licence; Passport; PASS card (proof of age standards scheme)

  5.              The premises licence holder and/or the designated premises supervisor or a person nominated by them shall be a member of and regularly attend meetings of any Pubwatch scheme for the area within which the premises are located and would include registration and use of community/network radio6.             

  6.              Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 23:00 hours

  7.              The provision of off-sales to terminate at 23:00 hours

  8.              The premises licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action

  9.              There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly and with consideration to neighbours (Note: this may also include a reference to vehicles).

  10.              All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency

  11.      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

   

  Prevention of crime and disorder

   

  No irresponsible sales promotions of alcoholice beverages shall be offered to customers.

  No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public.

  A sign will be displayed on the premises indicating the standard hours during which the sale of alcohol is permitted.

   

  Public safety

   

  All fire doors will be maintained effectively self closing and shall not be held open other than by approved devices.

  Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summoned, are to be prominently displayed.

   

  Protection of children from harm

   

  Unaccompanied children will not be allowed upon the premises

• Conditions attached after a hearing by the Licensing Authority

   

  Crime and Disorder Licensing Objective

   

  CCTV will be installed, maintained and be recording at all times licensable activity is taking place. Only in exceptional and extraordinary circumstances will this not apply ie. mechanical fault.  In this instance, immediate and urgent action must be taken to rectify the situation.

   

  There shall be a person at the premises able to operate the CCTV system and provide police with removable images when a lawful request, made in accordance with The Data Protection Act and/ or be able to play back the system if requested to do so in accordance with The Data Protection Act

   

  There must be, at a minimum, 1 CCTV camera covering the counter area, 1 CCTV camera covering each entrance and 1 CCTV camera covering external balcony area.

   

  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 21 days

   

  A minimum number of 1 member of door staff registered with the SIA will be on duty from 21:30 till closing time every Friday and Saturday night.

   

  DPS must keep an incident book detailing:

  - names and details of SIA staff start and finish times

  - incidents occurring at the venue

   

  A written drugs policy will be in place.

   

  Protection of children from harm licensing objective

   

  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 21 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 or Armed Forces ID Card indicating that they are over 18 years of age.

   

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  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.

   

  To utilise and fully record any refused sales or challenges made to patrons and such records be kept in an appropriate book/binder and be made available on inspection to the police or other authorised agency.