BUSTERS

GROUND FLOOR, THE HIVE ENTERTAINMENT COMPLEX, GRAND PARADE, SKEGNESS, PE25 2UN

Completed application 072346 which is a Transfer Application for Premises Licence from 10/10/2019 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

   

  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

   

  When regulated entertainment is provided after midnight a minimum of 2 door supervisors will be employed at the premises to close.

   

  At all other times there shall be provided at the premises door supervisors to such a number, if any, as the management of the premises consider are 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 record/log book shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor. The record shall be retained for a period of 12 months from date of completion and contain the following details:

   

  a)              The door supervisor's name;

  b)              His/her Security Industry Authority licence number;

  c)              The time and date he/she commenced and concluded their duty;

  d)              The door supervisors shall sign each entry; and

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

   

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

   

  a)              time, date and location of incident.

  b)              nature of the incident.

  c)              names, addresses and contact details of persons involved.

  d)              the result of the incident.

  e)              action taken to prevent further such incidents.

  f)              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 12 months from date of completion.

   

  A refusals book, or electronic record, shall be kept to record all instances where service of alcohol is refused. Records to be retained for at least 12 months, and shall be made available for inspection to the Police, or other officers of a Responsible Authority, upon request.

   

  There shall be in place a drugs policy and the policy made available for inspection upon request by a police licensing officer or any other person authorised by the Licensing Authority.

   

  All staff shall be trained in the sale of alcohol and drugs policy. Such training shall include the refusal of the sale of alcohol to persons under 18 and Challenge 25 and the refusal of the sale of alcohol to persons who are intoxicated. Such training shall be recorded and refresher training given annually.

   

  Public Safety

   

  A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises and CCTV images shall be retained for a period of no less than 28 days. All areas the public have access to in the premises (including the toilets) shall be covered by the CCTV system

   

  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.

   

  If there are 25 or more customers on the front balcony smoking area when regulated entertainment is taking place then between midnight and close no glass drinking vessels shall be permitted on the front balcony smoking area.

   

  No sales of alcoholic beverages will take place until a Policy and/or risk assessment in relation to

  when Polycarbonate drinking vessels will be used is produced, presented and agreed by Lincolnshire Police.

   

  Where available any glass drinking vessels shall be toughened glass.

   

  No glass drinking vessels or glass bottles shall be permitted to leave the Grand Parade Leisure Complex.

   

  The supply of alcohol for the consumption off the premises is limited to the consumption within

  areas of the Grand Parade Leisure Complex only.

   

  There shall be no admission to the premises from 0330hrs until close, save for customers who are already within one of the facilities within the Grand Parade Leisure Complex or who may have temporarily left the premises (and can be identified by way of a stamp or other method). For the avoidance of doubt this is to mean that there shall be no admission to the Grand Parade Leisure Complex after 0330hrs, expect for the Food Court area, until close, save for customers are already within one of the facilities within the Grand Parade Leisure Complex or who may have temporarily left the premises (and can be identified by way of a stamp or other method).

   

  The Prevention of Public Nuisance

   

  Not Applicable.

   

  The Protection of Children from Harm

   

  Challenge 25 shall be implemented and a proof of age policy is to be applied with the accepted

  means of proof of age being:

   

  Passport

  Photo Driving Licence

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

   

  No persons under the age of 16 shall be permitted on the premises after 2330hrs until close on any day of the week.

   

  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 - Plan for Busters, Ground Floor, Grand Parade Leisure Complex, Grand Parade, Skegness, PE25 2UN,  is attached to this Premises Licence