SPILSBY THEATRE

CHURCH STREET, SPILSBY, PE23 5DY

Completed application 070770 which is a Administrative Update for Premises Licence from 30/04/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• 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(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

   

  Alcohol - Spilsby Theatre:

   

  Except on such occasions and at such times as may be authorised by the Licensing Authority there shall be no sales of intoxicating liquor otherwise than to persons being present in the said Spilsby Theatre being:

   

  a.              Members of the Green Room Club elected after an interval of at least two days after nomination.

  b.              Persons present at theatrical, musical, dancing, educational or artistic performances, presentation, exhibitions, lectures and demonstrations.

  c.              Artists and performers, organiser and lecturers participating in or presenting productions mentioned in (b) above.

  d.              Persons present and participating in games, sporting and leisure activities, visiting teams and supporters.

  e.              Members of a recognised Club or Association in a room hired for the purpose and from which members of the public are excluded.

  f.              Employees of the said Theatre Club or of companies, groups or organisations appearing in any part thereof.

  No advertisement or notice that intoxicating liquors may be obtained in the premises shall be displayed on the outside of the premises, nor on the inside of the premises so as to be visible from the outside.

   

  A Notice in a form approved by the Licensing Authority shall be kept displayed over or close to every bar on the licensed premises stating the classes of persons entitled to buy intoxicating liquor.

   

  Alcohol - El Pato Negra Restaurant - (as shown on the plan deposited with the Licensing Authority):

   

  Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such person as an ancillary to his meal. Suitable beverages otherwise than intoxicating liquor (including drinking water) shall be equally available for consumption with or as an ancillary to a meal.

   

  The Prevention of Crime and Disorder

   

  Not Applicable.

   

  Public Safety

   

  Spilsby Theatre:

   

  The licensee shall take all reasonable precautions for the safety of the public and other persons on the licensed premises.

   

  An adequate number of exit doors shall be provided so placed and maintained as to provide ready and ample means of safe egress from the premises:

   

  The exit doors shall be made to open towards the exit.

   

  Any fastenings, other than those to keep the doors in an open position, shall be capable of being easily and readily opened from within by members of the public.  No lock, monkey tail flush or barrel bolt, locking bar or other similar device shall be fitted on any exit door without the consent of the licensing authority.

   

  The exit doors shall be kept clear of obstructions at all times when the public are on the premises.

   

  All exit doors or other doors shall be clearly indicated by a notice stating “Exit” which notice should comply with the relevant British Standard.

   

  Doors other than exit doors shall be marked “Private” or the use of the room to which they lead indicated.

   

  The public shall be permitted to leave by all exit and entrance doors after each performance or entertainment, entrances being considered and treated as exits for all purposes.

   

  All exit and other doors or openings used by the public for the purpose of exit, or unsuitable for that purpose, shall be indicated by notices clearly illuminated to the satisfaction of the Licensing Authority.

   

  A system of emergency lighting shall be provided.

   

  Adequate sanitary accommodation shall be provided and such accommodation, which shall be separate for each sex shall be properly maintained and available during any performance.

   

  At all times during which the building is used for performances or entertainments when the audience is seated, passages or gangways not less than 3 feet 6 inches wide shall be provided leading direct to exit doors and gangways of not less than 3 feet 6 inches wide shall be provided, intersecting the rows of seating in such a manner that no seat shall be more than 12 feet from a gangway measured in the line of the seating.

   

  Where loose chairs are provided as seating and the audience exceeds 250 persons, then the seats should be battened or clipped together in rows of not less than 4 nor more than 12.

   

  There shall be an unobstructed seatway of space at least 12 inches in depth measured between perpendiculars, between the back of one seat and the front of the seat immediately behind.

   

  No member of the public shall be allowed to sit or stand in the gangways, passages or staircases during any performance or entertainment.  The gangways passages and staircases shall be kept entirely free of chairs or any other obstructions.

   

  Smoking and/or naked lights shall be prohibited on the stage except where it is necessary in connection with the performance and to the satisfaction of the licensing authority.

   

  All scenery, drapes, etc, shall, where necessary, be treated with a flame resisting solution.

   

  All spaces under the auditorium shall be kept clean and free from rubbish and no properties scenery or any combustible material or article stored or kept there.

   

  A competent person shall be in charge of the safety arrangements during the whole time the public are present, and shall ensure that the capacity of the hall is not exceeded.

   

  The number of attendants on duty to assist persons entering or leaving the auditorium shall, in any case, not be less than one for every two hundred and fifty, or part of two hundred and fifty, persons present in the auditorium; and

   

  if the number of persons present on any floor or tier does not exceed one hundred, there shall be at least one attendant on duty on that floor or tier;

   

  if the number of persons on any floor or tier exceeds one hundred, there shall be at least two attendants on duty on that floor or tier.

   

  Police Constables, the officers of the Fire Brigade and other officers authorised by the licensing authority shall have free ingress and egress and regress to and from the said premises at all reasonable times and the licensee shall produce the licence to which these conditions are attached on request of any such officer.

   

  It will be the responsibility of the licensee to ensure that good order is maintained upon the premises.

   

  Hypnotism - No exhibition or performance of hypnotism shall be given at the premises except with the express consent of the licensing authority and in accordance with any conditions attached to such consent.

   

  The licensee or person in charge shall be responsible for designating official stewards and shall ensure that one such steward (excluding cashiers and doormen) is in attendance for every two hundred and fifty persons in the premises.  The steward(s) shall remain on duty inside the licensed premises during the whole time that the public are present and shall ensure that the approved capacity of the premises is not exceeded.

   

  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.

   

  The Protection of Children from Harm

   

  Not Applicable.

   

   

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

  Not Applicable.

   

   

   

   

• Annex 4 - Plan for Spilsby Theatre, The Old Sessions House, Church Street, Spilsby, PE23 5DY is attached to this Premises Licence