THE PANACEA

9 QUEEN STREET, LOUTH, LN11 9AU

Completed application 071828 which is a Transfer/Change of Supervisor Combined for Premises Licence from 22/07/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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 will be trained in their responsibilities with regard to the sale of alcohol and the requirement of the premises licence. Training records shall be kept and made available for inspection upon request by a Police Officer or Officer of the Licensing Authority.

   

  A CCTV system comprising 8 inside cameras and 1 external camera shall be maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police and:-

   

  a.              Such cameras shall under normal operating illumination cover all licensed public areas within the premises.

   

  b.              There shall be lighting in the foyers and outside of sufficient brightness to compliment the quality of the camera images.

   

  c.              Police and/or Licensing Officers shall be able on attendance to view immediate playback of any incident without the necessity for download and those images shall be of such quality and content as to provide a clear overview of the incident and the frame rate shall not fall below 6 frames per second.

   

  d.              All equipment shall have constant time/date generation.

   

  e.              Recordings must be kept for a minimum of 14 days and endorsed with the accurate correct time/date (BST/GMT).

   

  f.              Recordings of incidents at the premises must be made secure for inspection by the Police and provided on lawful request.

   

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

   

  The Prevention of Crime and Disorder

   

  When door supervisors are working at the premises to control the entry of persons to the

  premises and for the keeping of order in the premises, the following conditions shall apply:-

   

  A record/log book shall be kept on the premises by the Designated Premises Supervisor of ever 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 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 12 months from date of completion.

   

  Door supervisors to be positioned at each entrance/exit (other than fire exits) to ensure that no customer leaves with any bottles or glasses.

   

  An incident book shall be kept at the premises in which details of crime and/or disorder relating

  to the premises shall be recorded and shall contain the following details:-

   

           Time, date and location of incident

           Nature of the incident

           Names, addresses and contact details of persons involved

           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.

   

  The Premises will be active participant of any local Pubwatch scheme if such a scheme is in existence.

   

  Public Safety

   

  There shall be a minimum of 90 seats provided.

   

  The Prevention of Public Nuisance

   

  The premises licence holder will ensure that the immediate area outside the premises is cleared of litter upon closure of the premises.

   

  To have all ventilation systems maintained, reviewed and looked at in accordance with manufacturer's instructions.

   

  Signage asking customers to "Please leave quietly".

   

  All windows and doors will be closed during regulated entertainment after 2300.

   

  The Protection of Children from Harm

   

  The premises will operate a Challenge 21 policy to prevent underage sales. The accepted means of proof 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.

   

  There shall be no adult entertainment provided at the premises.  For the purposes of this Licence Condition “adult entertainment” will be defined using the definition for “relevant entertainment” found in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (as amended by Section 27 of the Policing and Crime Act 2009) - that is “any live performance or live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of an audience (whether by verbal or other means)”.  In this Condition an audience can consist of just one person, (e.g. in a private booth). 

   

   

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

  Not Applicable

   

   

• Annex 4 - Plan for The Rising Sun, 9 Queen Street, Louth, LN11 9AU is attached to this Premises Licence.