THE GARRISON

UNIT 3, TOWER POINT, SEA LANE, INGOLDMELLS, SKEGNESS, PE25 1PG

Completed application 076732 which is a Minor Variation Application for Premises Licence from 27/04/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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

   

  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 engaged in selling alcohol will be provided with suitable induction training for their job function regarding the operating standards of the premises. Such induction training to be undertaken prior to commencing employment. Refresher training will be provided for all staff at least every six months. The induction and training records will be retained for the full period of each individual’s employment at the premises and for at least 12 months after they have ceased employment at the premises.

   

  The Prevention of Crime and Disorder

   

  A minimum of 2 SIA registered door supervisors to be on duty at the premises on Saturday from 1800 Hours, and an additional 1 SIA registered door supervisor to be on duty from 2000 Hours to after closing time when regulated entertainment is provided.

   

  A minimum of 3 SIA registered door supervisors to be on duty at the premises on Friday, from 2000 Hours to after closing time when regulated entertainment is provided.

   

  At all other times, including Friday and Saturday nights, the premises licence holder shall ensure that there is an adequate risk assessment of the need for any additional door supervision at the premises and shall provide door supervision in accordance with that risk assessment sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity. A copy of the risk assessment to be retained at the premises for a minimum period of 12 months and made available for inspection upon request by a Police Licensing Officer or any other Authorised Person.

   

  All door supervisors will be issued with and wear body cameras. These cameras will be utilised and operated when a member of door staff is dealing with an incident. Footage from the cameras will be kept for a minimum of 28 days.

   

  A record/log book shall be kept on the premises by the Designated Premises Supervisor (DPS) 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 (SIA) Licence Number

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

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

  The Designated Premises Supervisor or other authorised person shall also endorse each entry as having checked the authenticity of the individual door supervisor.

   

  That record shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  Each entry shall be retained for a period of 24 months from date of completion.

   

  Each door supervisors licence number will be verified by the DPS or their agent using the internet SIA website, on the occasion of each door supervisor’s initial employment at the premises. Thereafter a weekly check shall be carried out to ensure the licence status remains unchanged. This verification check will be recorded and signed appropriately by the DPS or their agent.

   

  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/exits 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 reasonably 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 shall be maintained to a standard whereby any footage produced is of sufficient quality to be of evidential use.

  f) Playback of any incident without the necessity for download must be possible.

  g) A member of staff should 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 lawful request. When this is not possible recordings will be provided within 24 hours of the original request

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

   

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

   

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

  Nature of the incident

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

  Result of the incident

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

  Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS.

   

  The incident book shall be made available to Police upon request. Each entry shall be retained for a period of 24 months from date of completion.

   

  Public Safety

  Any glass drinking vessels shall be toughened glass (excluding bottles).

  No glass drinking vessels shall be permitted to the leave the premises.

  There shall be in place a Policy in relation to when Polycarbonate drinking vessels will be used and glass bottles between 255ml and 525ml not used. A copy of the policy to always be retained at the premises and the policy made available for inspection upon request by a Police Licensing Officer or any other Authorised Person.

  Any dance area shall be delineated (this may be by markings on the floor) and shall be clear of non-permanent fixtures when being used for dancing. Persons who are dancing in the premises in any delineated area shall not consume food or drink within that area. There shall be fixed prominent signage to make customers aware not to consume food or drink within the delineated area. Staff including any DJ, shall monitor and enforce this condition.

  The Prevention of Public Nuisance

   

  Tables and chairs will be removed from any external areas between 2000 Hours and 0700 Hours each day.

   

  The Protection of Children from Harm

   

  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, or,

  Passport.

   

  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.

   

  No activities are proposed that may give rise to concern in respect of children but should any activities occur that may give rise to concern in respect of children then suitable measures and restrictions shall be implemented.

   

   

• 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).