CLAYTHORPE WATERMILL AND WILDFOWL GARDENS

CLAYTHORPE WATERMILL, AUTHORPE ROAD, CLAYTHORPE, ALFORD, LN13 0DU

Completed application 082629 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 28/07/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• an exhibition of a film
• the supply of alcohol

Additional Conditions

•  

  Annex 1 - Mandatory Conditions

   

  MC1

  Only individuals licensed by the Security Industry Authority may be used at the premises to guard against:

   

  a)  unauthorised access or occupation (e.g. door supervision) or,

  b)  outbreaks of disorder, or

  c)  damage

   

  S21 Licensing Act 2003

   

  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

   

  All staff shall be suitably trained for their job function in the operating standards for the premises and the contents of the premises licence. The training shall be under constant review.

   

  The staff training will include the identification and recognition of drunks and the correct procedure to be followed when refusing service.

   

  The training will be recorded in documentary form that will be available for inspection upon reasonable request by a member of any relevant authority. The training records will be retained for at least 12 months.

   

  The Prevention of Crime and Disorder

   

  The premises licence holder shall ensure that a sales refusal register is maintained at the premises. The refusal register to include details of all alcohol sales refused and reason for refusal. The refusals register shall be made available on request to a Police Officer or an Authorised Officer of the Licensing Authority.

   

  Public Safety

  The maximum number of persons, including staff, permitted to attend an indoor or outdoor film event at any one time shall not exceed 175.

   

  Accurate figures showing the number of tickets sold for a film event will be made available to the Licensing Authority or any Responsible Authority representatives, upon request, at any reasonable time.

   

  The premises licence holder shall ensure that a sufficient number of trained stewards are on duty at all times that a film event is open to the public.

   

  Stewards will be easily distinguishable from members of the public and any SIA security personnel and Police personnel and shall wear suitable clothing clearly marked “STEWARD”.

   

  All stewards will be trained in their duties prior to allowing members of the public onto the site to ensure they have a full understanding of the event infrastructure and procedures.

   

  An attendance register will be maintained and kept on site providing details of stewards and any security personnel on duty at any time during the event - the register to include start and finish times, name, address and signatures.

   

  The Prevention of Public Nuisance

   

  Sound checks will be carried out after 1200 on the day of the event.

   

  Notices will be clearly displayed and maintained at the premises asking patrons to leave the premises and the vicinity quietly.

   

  The premises licence holder (or her nominated representative) shall conduct regular assessments of the noise coming from the premises during a film event and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.

   

  All start times for a film event to be scheduled as early as feasible depending on changing Nautical Twilight times. No films of more than 110 minutes to be scheduled on days where nautical twilight begins later than 9.35pm. (For example, a 110-minute film, starting at Nautical Twilight on 10 Aug 2018 (9.31pm) would finish at 11.11pm. The 11.45 pm terminal hour is only to allow for a film to be shown to the end if there has been a technical issue at the start (e.g. a projector lamp needs to be changed).

   

  Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained in the vicinity of the premises.

   

  The Protection of Children from Harm

   

  Challenge 25 - There shall be in place for the premises a written policy to prevent the supply of alcohol to persons under 18 years of age. That policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification:

   

                        A recognised proof of age card accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS),

                        Photo driving licence,

                        Passport.

                        Any future accredited and accepted proof of age as defined by the premises licence holder.

   

  The Challenge 25 Proof of Age Policy shall also be used when the premises are showing a film which holds an 18 film classification issued by the BBFC or the Licensing Authority (East Lindsey District Council).

   

  Clear, prominent and unobstructed signage informing customers of the Proof of Age scheme in operation and the age restrictions on products, will be clearly displayed at: all entry points to the premises, adjacent to the products, where displayed, and all points of sale.

   

  All point of sale staff shall undergo regular training in the above policy with a record kept of the date of training, signed by the member of staff and the trainer. For the purposes of this condition regularly will mean a minimum of once a year. Each entry shall be retained for a period of 24 months from date of completion. This record shall be made available for inspection by Lincolnshire Police Officers/staff or East Lindsey Council Authorised Officers.

   

   

   

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

  Not Applicable

   

•  

  Annex 4 - Plan for Claythorpe Watermill and Wildfowl Gardens, Claythorpe , LN13 0DU, is attached to this Premises Licence

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