THE WATERHOLE

6-9 TOWER ROW, DRUMMOND ROAD, SKEGNESS, PE25 3EA

Completed application 069641 which is a Administrative Update for Premises Licence from 27/02/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• 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
• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

  MC2

  No supply of alcohol may be made under this licence:

   

  a)  at a time when there is no designated premises supervisor in respect of it,

  or

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

   

  S19 Licensing Act 2003

   

  MC3

  Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

   

  S19 Licensing Act 2003

   

  MC4

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made

   

  a)  by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  b)  by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) (74(3)(b) for clubs) of the Licensing Act 2003 applies to the film.

   

  S20/74 Licensing Act 2003

   

  MC6

  (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).

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC8

  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC9

  (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 licences 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.

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC10

  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; 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.

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC11

  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 purposes of the condition set out in paragraph 1:

  (a) ‘duty’ is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (b) ‘permitted price’ is the price found by applying the formula: P = D + (D×V) where:

  (i) P is the permitted price,

  (ii) D is the amount 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 premises licence:

  (i) the holder of the premises licence,

  (ii) the designated premises 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.

   

  The Licensing Act 2003 (Mandatory Conditions) Order 2014

   

• Annex 2 - Conditions Consistent With the Operating Schedule

  General

   

  Not Applicable

   

  The Prevention of Crime and Disorder

   

  Not Applicable.

   

  Public Safety

   

  Not Applicable.

   

  The Prevention of Public Nuisance

   

  Not Applicable.

   

  The Protection of Children from Harm

   

  Not Applicable.

   

   

• Annex 3 - Conditions Attached After a Hearing by the Licensing Authority

  The conditions shown below were added following the Hearing held 28th October 2009:

   

  1. SIA registered door supervisors to be employed in the numbers, locations and at times as deemed necessary by the licence holder’s risk assessment.

   

  2. The licence holder to prohibit customers from using the passageway that forms part of the fire escape route from the neighbouring Hotel No. 8 except in the case of an emergency.

   

  3. All external doors and windows to be kept closed, except for access and egress, during periods of regulated entertainment from 2300 Hours each night.

   

  4. The licence holder shall not permit use of the licensed premises to become a nuisance to persons in the neighbourhood and, in particular, shall take all necessary precautions to prevent persons in the neighbourhood being disturbed by noise.

   

  5. If instructed in writing by the Environment Team of the Regulatory Services business unit of this Council an automatic noise limiting device shall be installed (within 28 days of such an instruction being made) and maintained within the premises and all amplified music and voices shall be performed/played through this device.  The noise-limiting device shall be set as directed by the Environment Team of the Regulatory Services business unit of this Council. Officers of the Environment Team will only issue this instruction if they are satisfied that undue noise has emanated from the licensed premises.

   

  6. If required in writing by the Environment Team of the Regulatory Services business unit of this Council the Licensee shall submit a scheme for the provision of additional soundproofing to the premises (scheme to be submitted within 56 days of such an instruction being made).  This scheme shall be agreed in writing with the Environment Team of the Regulatory Services business unit of this Council and works referred to within that scheme shall be completed to the satisfaction of the same within a time scale agreed with the same. Officers of the Environment Team will only issue this instruction if they are satisfied that undue noise has emanated from the licensed premises.

   

  7. The first floor terraced area must be closed to the public and cleared at midnight each night.

   

  8. The fire doors to the outside terraced area will be kept closed after 2100 Hours each night and any other time when the terrace is closed.

   

  9. All external doors to be fitted with automatic self-closing devices and such devices to be maintained in working order.

   

  10. Appropriate signage shall be put in place at all exits from the premises asking customers to leave the premises and surrounding area quietly and having respect for local residents.

   

  11. There shall be in place for the premises a 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 18 to produce appropriate identification.

   

  N.B. With regard to the above condition please note that the appropriate proofs of identity recommended by this Licensing Authority are:

   

           A valid photo drivers licence

           A valid passport

           A recognised valid proof of age scheme card bearing the PASS hologram logo.

   

  12. A refusals register shall be maintained at the premises in relation to alcohol sales. Entries in the register must be maintained for a minimum period of 12 months.

   

  13. All passes and failures in relation to the challenge of persons who appear to be under 18 years of age will be recorded via a button on the cash register(s).

   

  14. All access from the internal areas to the roof terrace will be via a lobby with two sets of doors, each fitted with automatic closers. The automatic closers to be maintained in working order.

   

   

• Annex 4 - Plan for The Waterhole, 6/9 Tower Row, Drummond Road, Skegness, PE25 3EA is attached to this Premises Licence