SAMUEL'S NIGHT CLUB

BENEATH MARKET HALL, EASTGATE, LOUTH, LN11 9NG

Completed application 073811 which is a Change of Supervisor for Premises Licence from 28/08/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• 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(1) 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(2) 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

   

  Police Constables for the County, authorised Officers of the Fire Authority and authorised Officers of the District Council shall, whilst on duty, be allowed to enter the licensed premises at all reasonable times, without payment.

   

  No exhibition, advertisement, recitation, singing or dancing which is obscene, immoral, offensive to public decency or calculated to incite any breach of the peace shall be permitted on the licensed premises.

   

  The Manager will be a Personal Licence Holder.

   

  Staff Training to ensure alcohol is not sold to persons under age or who are drunk and disorderly.

   

  A minimum of 2 SIA Registered door staff to be on duty from 2359 Hours on Fridays; from 2200 Hours on Saturdays and any day preceding a Bank Holiday; and on all other occasions when the occupancy of the premises exceeds 100 persons including staff, until the premises closes.

   

  DPS to be contactable by the Police in the event of an emergency.

   

  An incident book will be maintained in which will be recorded all incidents of crime and disorder. Such book will be reviewed regularly by the DPS.

   

  All glasses to be made of toughened glass.

   

  This premises licence permits the provision of karaoke at the premises.

   

  The Prevention of Crime and Disorder

   

  A CCTV system shall be installed, recording and maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police, specifically:

   

  a) There shall be a minimum of one high-resolution camera fitted in a weatherproof housing, for external coverage of the entrance. 

   

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

   

  c) There shall be sufficient cameras able to cope with the normal operating illumination to cover all licensed public areas.

   

  d) Recordings must be kept for a minimum of 28 days and endorsed with the accurate, correct time/date (BST/GMT adjusted).

   

  e) The frame rate should be maintained to an optimum of 25 frames per second (real time) where practicable and should in any case not fall below 6 fps.

   

  f) Police and/or Licensing Officers shall be able on attendance to view playback of any incident without the necessity for download.

   

  g) Recordings of incidents at the premises must be provided to the police following lawful request.

   

  h) A member of staff shall be on the premises at all times they are open to the public who is capable of operating the CCTV system and providing recordings on request.

   

  i) Recording equipment shall be housed in a secure room/cabinet where access and operation is strictly limited to authorised persons.

   

  Random searching will take place of those people suspected of carrying drugs or offensive weapons (any female who needs to be searched will be searched by a female member of the door staff or a female member of staff).

   

  Drinks in open containers not to be taken out of the premises.

   

  A drugs policy in respect of the premises must be submitted the Licensing Authority.  Such policy 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. 

   

  The Licensee shall at all times ensure that the drugs policy referred to above is complied with.

   

  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 Licensee shall have on the licensed premises a deposit box approved by the Police and this shall be used for the storage of any drugs found within the premises pending collection of the drugs by the Police.

   

  An appropriate storage facility shall be provided by the Licensee at the licensed premises for the storage of needles or sharps pending collection by the Police.

   

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

   

  An appropriate cool room/area with seating shall be provided by the Licensee within the licensed premises which must be cooler and quieter than the dancing areas.

   

  The Licensee must operate an effective counting system to monitor the numbers of patrons entering the licensed premises.

   

  The Licensee shall maintain a record of the name, address and registration number of each SIA door supervisor, the time and date of commencement of periods of work together with a brief record of any incident.  The record shall be retained for a period of eighteen months following the last entry in the book.

   

  Public Safety

   

  Not Applicable.

   

  The Prevention of Public Nuisance

   

  The licensee 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 licensee shall comply with any noise standard specified by the Licensing Authority.

   

  When required by the Licensing Authority, automatic control of the volume output from any musical equipment shall be installed and set at a level as directed by the Licensing Authority.

   

  By signage and other measures customers will be encouraged to leave               quietly late at night.

   

  The Protection of Children from Harm

   

  Challenge 21 - Alcohol will only be sold and supplied to persons who appear to be under the age of 21 upon production of the following proof of age being:

   

           Passport

           Photo Driving Licence

           A recognised valid photo-id card bearing the PASS hologram

           Any future accredited and accepted proof of age as defined by Lincolnshire Police.

   

  Persons under the age of 18 will not be admitted to the premises.

   

  Soft drinks will always be available for purchase and consumption on the premises.

   

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

  Not Applicable

   

   

• Annex 4 - Plan for Samuels, Beneath Market Hall, Eastgate, Louth,  LN11 9NJ is attached to this Premises Licence