Hogarths

9 George Street, Lancaster, Lancashire, LA1 1XQ

Completed application 023688 which is a Review of Licence/Certificate for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

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• Embedded 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)

   

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

   

  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.

   

  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.

  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.

  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)              customers are made aware of the availability of these measures.

   

  Mandatory condition where Door Supervisors are provided

  All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)

   

  Mandatory condition where the licence permits the performance of Films

  Where a programme includes a film in the 12A, 15 or 18 category, as classified by the British board of Film Classification, no person appearing to be under the age of 12 (and unaccompanied in that case),15 or 18 as appropriate shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms-

  PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME

  Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.

  This condition does not apply to members of staff under the relevant age while on duty provided the prior written consent of the person’s parents or legal guardian has first been obtained.

  Immediately before each exhibition of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds a in such a manner that it can be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the category of the film

• Non standard timings

   

  On Christmas Day regulated entertainment and the sale/supply of alcohol will be permitted between 11.00 hours to 23.00 hours and the premises may be open to the public between 11.00 hours and 23.30 hours

  On New Year’s Eve regulated entertainment and late night refreshment may be provided from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day

  On no more than 15 occasions per calendar year, these 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

   

• Offered Conditions

   

  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        Whenever there is to be the sale or supply of alcohol or the provision of regulated entertainment after 01.00 hours the following day then a minimum number of 2 members of door staff registered with the SIA will be on duty from 21.00 hours for the first 100 customers and thereafter one for every 100 or part thereof i.e. if door staff registered with the SIA are not on duty by 21.00 hours at the latest then the sale or supply of alcohol and the provision of regulated entertainment will cease at 01.00 hours the following day at the latest

  4        Two door supervisors registered with the SIA will remain outside the premises until at least 15 minutes after the last customer has left the premises

  5        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

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

  7        The designated premises 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 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

  8        A crime prevention survey is to be carried out by the police and their recommendations fully complied with by the premises licence holder prior to the premises opening/the variation taking effect

  9        To install, maintain and operate a CCTV system, which complies with the minimum requirements, expected of the Lancashire Constabulary and shall record during all hours that a licensable activity takes place on the premises

  10    Any person who looks or appears to be under the age of 18 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)

  11    The maximum number of persons (including staff) allowed to be on premises at any time shall be 325

  12    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 radio

  13    The premises licence holder will provide to the police a drugs policy for the premises which 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’

  14    Free drinking water to be made available at all times from the bar

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

  16    Non standard timings. On no more than 15 occasions per calendar year, these 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

  17    No entry to or re-entry to the premises one hour prior to the terminal hour by members of the public or by any guests or friends of members of staff or the premises licence holder

  18    No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises

  19    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

  20    Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use. Details of the inspection, defects discovered and remedial action taken shall be recorded in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

  21    At all times when the premises are used for the purpose of the premises licence, the licence holder, manager or designated premises supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises 1) to ensure that overcrowding does not occur, and 2) shall if requested to do so give that information to an authorised person.

  22    All doors forming part of the escape route which open against the direction of travel, shall be locked in the open position by a tamper-proof fastening when ever there are public on the premises and there shall be a clearly visible notice in capital letters which contains the words: "THIS DOOR SHALL BE KEPT LOCKED IN THE OPEN POSITION WHEN THE PREMISES ARE OCCUPIED" displayed next to the door(s)

  23    The fire alarm, emergency lighting system and electrical installation shall be tested on a regular basis, at a frequency determined by a competent person. Certificates should be issued showing the results of the tests. The certificates shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

  24    The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in a contrasting colour or other similar means.

  25. 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

   

  Operating Schedule

   

  General - all four licensing objectives (b,c,d,e) (please read guidance note 9)

   

  I have undertaken my own risk assessment to take the following proposed steps.

  The types of regulated entertainment proposed materially do no more than reinstate the normal pub entertainment that was previously unregulated as identified in B1 above.

  No new steps have been identified in relation to the four licensing objectives save as below.

   

  The prevention of crime and disorder

   

  25    Any person exercising a security activity (as defined by paragraph 2(1)(a) of schedule 2 of the Private Security Industry Act 2001) shall be licensed by the Security Industry Authority.

  26    Such a person will be employed at the premises at the discretion of the designated premises supervisor/ holder of the Premises Licence.

  27    Any such person referred to in condition (1) shall be linked by means of text or radio pager to the police enabling the police to be alerted to instances of crime and/or disorder (where required).

  28    Any person as defined in condition (1) will clearly display his name badge at all times whilst on duty.

  29    No customers carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.

  30    Toughened glasses shall be used for draft beer and lager at all times the premises are open to the public.

  31    Where CCTV is installed with recording facilities such recordings shall be retained for a period of 30 days and made available within a reasonable time upon request by the police.

  32    Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.

   

  Public safety

  33    To comply with the reasonable requirements of the fire officer from time to time.

  34    To comply with the reasonable requirements of the building control officer.

   

  The prevention of public nuisance

  35    Prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.

  36    Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.

   

  The protection of children from harm

  Children under the age of 16 shall not be permitted to enter the premises after 19:00.

• Conditions attached after a hearing by the Licensing Authority - 1st February 2011

   

  Any person who looks or appears to be under the age of 25 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

  All staff will successfully complete training in age related products prior to commencing employment, refresher training will also be successfully completed not more than every 3 months, this will be fully documented and be available for inspection to police officers or other authorised persons