Water Witch

Canal Tow Path, Aldcliffe Road, Lancaster, Lancashire, LA1 1SU

Completed application 047211 which is a Transfer Application for Premises Licence from 14/05/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• 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

   

  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

   

  NO Children’s Certificate

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

  a)              He is the child of the holder of the premises licence.

  b)              He resides in the premises, but is not employed there.

  c)              He is in the bar solely for the purpose of passing to or from some part of the premises that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.

  d)              The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which holding of the licence is ancillary.

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  However, an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  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.

   

  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.

   

   

  Mandatory condition where Door Supervisors are provided

   

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

   

  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

   

   

   

• Offered Conditions

   

  1        A personal licence holder shall normally 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        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)

  4        Any outside area, which is used for the consumption of alcohol, shall cease to be so used at 00.00 hours (midnight)

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

  6        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

  7        All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route. Doors which form part of the escape route and 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

  8        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

  9        Children must be accompanied by adults at all times

  10    There are separate dining areas outside and upstairs which is also a non-smoking area. In addition there is another non-smoking area on the left hand side of the ground floor area

  11    Signs are displayed close to the gambling machines to prevent children from playing them

  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

   

  a) General - all four licensing objectives (b,c,d,e)

   

  b) The prevention of crime and disorder

   

  The premises operates a zero tolerance drugs policy. Those suspected of drug abuse will be removed from the premises and the police informed immediately. All incidents, of any nature, are recorded in the incident Log Book and is available upon request.

   

  The premises is a member of the Lancaster Pub Watch Scheme.

   

  A strict Proof of Age policy is in place in that bar staff will request photographic identication from those appearing to be under 18. Minors will be refused service.

   

  Those appearing to be drunk and disorderly will be refused service of more alcoholic beverages.

   

  c) Public safety

   

  Two members of staff are First Aiders and a first aid box is kept on the premises and is regularly checked for supplies.

   

  All staff are to be trained in evacuation procedures, including the evacuation of disabled customers.

   

  Toilets are located on the ground floor, disabled customers are able to use these facilities as there are no steps.

   

  It is intended that compliance with Health and Safety and Fire regulations will continue by way of annual inspection of emergency lighting, gas installation and fire alarms.

   

  There are plans for a workplace fire risk assessment to be carried out.

   

  Pre-Opening Safety checks are carried out daily.

   

  Free Drinking Water is available throughout opening hours.

   

  In considering public safety, the layout of the premises, the intended capacity and provision of alcohol and regulated entertainment have been taken into account and are considered suitable.

   

  d) The prevention of public nuisance

   

  The premises are away from residential areas.

   

  There are plans to put notices up requesting that customers leave in a quiet and orderly fashion.

   

  Local taxi firms are aware of the closing times and will be informed of any future changes.

   

  e) The protection of children from harm

   

  Children must be accompanied by adults at all times. There are separate dining areas outside and upstairs, which is also a non-smoking area. In addition there is another non-smoking area on the left hand side of the ground floor area. Signs are displayed close to gambling machines to prevent children from playing them.

   

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