TURKS HEAD

1 ASWELL STREET, LOUTH, LN11 9BA

Completed application 076140 which is a Variation Application for Premises Licence from 19/01/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• the supply of alcohol
• an exhibition of a film
• an indoor sporting event
• 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

• 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

  Not Applicable.

  The Prevention of Crime and Disorder

  There shall be a minimum of two Security Industry Authority (SIA) registered door supervisors on duty from 2200 Hours until 30 minutes after closure at any time the premises is to remain open after 0000 Hours inclusive of any day that precedes a Bank Holiday. A written risk assessment to be in place to determine the suitable number of door supervisors whilst understanding that 2 is the minimum.

  The door supervisors shall be positioned in a prominent location whereby they can control the exit / entry to the venue and shall not be used to undertake other duties.

  There shall be provided and kept at the premises a register/log book to record details of every person employed on the premises as a door supervisor. The record shall contain the following details:

  The door supervisor's name;

  His/her Security Industry Authority Licence Number;

  The time and date he/she commenced and concluded their duty;

  The door supervisors shall sign each entry.

  The log to be inspected weekly and signed by a member of the Management Team.

  The log to be retained for a period of no less than 12 months and made available to Lincolnshire police for inspection upon request.

  There shall be a Drugs Policy in place and such policy to be made available for inspection by the Licensing Authority or Police upon reasonable request.

  The drugs policy in respect of the premises will set out the procedures to be carried out for searching customers for drugs on entry to the licensed premises, the procedure for dealing with drugs found within the licensed premises and for dealing with anyone found using or supplying drugs on the premises.

  A hard-bound record book or register must be kept by the Licensee on the licensed premises to record all drugs seizures, finds and collections together with details of the member(s) of staff involved, Police Officer(s) to whom the drugs are released and if known details of the user or dealer involved.  The register must be made available to the Licensing Authority and to the Police upon request.

  The Premises Licence Holder shall inform the Police of any drugs seizures or finds within the licensed premises as soon as practicable thereafter.

  A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises and:

                a) shall be used to record images to assist in the identification of individuals during all hours that the premises are open to the public.

                b) there shall be a minimum of one high resolution camera fitted for external coverage of each entrance.

                c) there shall be a minimum of one high-resolution colour camera fitted to each public entrance/exit to provide a quality head and shoulder image for facial recognition/identification purposes of all persons entering the premises.

                d) the images recorded shall be retained in unedited form for a period of not less than 28 days.

                e) recordings of incidents at the premises must be made secure for inspection by the Police and provided on lawful request. This means that a member of staff shall be available within 24 hours who is capable of operating the CCTV system and providing               recordings. 

                f) All CCTV recordings shall be dealt with in accordance with the Data Protection Act 1998.

  Patrons shall not be allowed to enter or leave the premises whilst in the possession of any drink in unsealed containers.  For the purpose of clarity, this means any drink whether or not it contains alcohol and leaving the premises includes leaving for any reason whether temporarily or otherwise. Also for clarity, patrons would still be permitted to have drinks in open vessels in any outside seating area which would include the allocated pavement space at the front of the venue.

  There shall be no new or re-admittance to patrons after 0330 Hours.

  An incident / refusals book shall be kept at the premise in which details of crime and/or disorder relating to the premises shall be recorded. The incident / refusals book shall contain the following details:

  Time, date and location of incident / refusal.

  Nature of the incident / refusal.

  Names, addresses and contact details of persons involved if known.

  The result of the incident / refusal.

  Action taken to prevent further such incidents.

  Each entry to be signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS.

  The incident book shall be made available to the Police upon request. Each entry shall be retained for a period of 12 months from date of completion.

  Public Safety

  Not Applicable.

  The Prevention of Public Nuisance

  The Premises Licence Holder shall not permit the 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.  The Premises Licence Holder shall comply with any noise standard specified by the Licensing Authority.

  The Premises Licence Holder (or nominated person) will assess the impact of any noisy activities on neighbouring premises at the start of the activity and periodically throughout the activity and take action to reduce noise levels if they are found to be distinguishable above normal background levels at the nearest residential property.

  Signage asking customers to “Please leave quietly” will be clearly displayed and maintained within the premise.

  The Protection of Children from Harm

  The premises shall operate the Challenge 25 Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The 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 credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  Photo driving licence;

  Passport.

  Notices shall be prominently displayed advising customers of the Challenge 25 Proof of Age Policy.

  All point of sale staff shall undergo training in the Challenge 25 Proof of Age Scheme and all other relevant policies with a record kept of the date of training, signed by the member of staff and the trainer. Each entry shall be retained for a period of 12 months from date of completion.  This record shall be made available for inspection by Lincolnshire Police Officers or other relevant authority.

   

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

  Not Applicable.

   

   

• Annex 4 - Licensable activities are permitted in accordance with the layout of the premise shown on the plan attached to the premises licence (and deposited with the Licensing Authority).