THE EAGLE HOTEL

VICTORIA ROAD, MABLETHORPE, LN12 2AF

Open application 083161 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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

   

  The premises licence holder will ensure that all staff are suitably trained for their job function in relation to licensing issues and the operating standards for the premises. The training shall be under constant review.

   

  Alcohol sales are permitted 24/7 to genuine residents of the licensed premises and to any private friends of a person so residing who are bona fide entertained by him at his own expense, and the consumption of alcohol by such persons so supplied.

   

  Such bona fide friends shall be required to sign a written record at reception providing a record of their name, their residential friend, the time and date and that record be retained for 12 months and produced to Police officers or Local Authority licensing officers upon request.

   

  Residents shall be recorded and registered and such record available for inspection for 12 months to Police and Local Authority Licensing Officers.

   

  With the exception of the designated function room (as noted on the plan deposited with the Licensing Authority), sales of alcohol shall be 0900 to 0100 hours (Monday to Sunday).

   

  The function room only shall operate alcohol sales 0900 to 0200 hours (Monday to Sunday).

   

  Licensable activities shall only be conducted in the function room for pre booked private family functions and pre advertised and ticketed events.

   

  Written records shall be kept for 12 months of each family function booking and ticketed event.

   

  The premises shall not operate as a night club style venue.

   

  When door supervisors are working at the premises there shall be such a number as the licence holder considers sufficient to control the entry of persons to the premises and for the keeping of order in the premises, and the following conditions shall apply;

   

  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 contain the following details:

   

  (i) The door supervisor's name;

  (ii) His/Her Security Industry Authority (SIA) Licence Number

  (iii) The time and date he/she commenced and concluded their duty

  (iv) The door supervisors shall sign each entry

  (v) The Designated Premises Supervisor (DPS) 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.

   

  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 31 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.

   

  A drugs policy to be in place and signs to be displayed within the premises advising customers of the policy.

   

  The premises shall close for non residents 20 minutes after permitted licensable activities end.

   

  Public Safety

   

  Not Applicable.

   

  The Prevention of Public Nuisance

   

  Regulated Entertainment which includes amplified music or voices (this being live music, live DJs, or Discos) shall only be provided within the Function Room as marked on the approved plan (deposited with the Licensing Authority).  The only exception to this shall be karaoke which can also be provided in the games room area, lounge bar area, main bar area, dining room area and family room area.

   

  The Licence Holder shall restrict the volume of any Live Music or Regulated Entertainment (including levels of bass sounds/beats) which is provided within the Premises to a level that can reasonably be contained by the structure and elements of the same.

   

  Whilst Regulated Entertainment is being provided within the Function Room access and egress to the same shall be through one of the sound attenuating lobbies marked on the approved plan (this being the lobby which opens out onto Victoria Road and the lobby which opens out onto the main car park area).  All relevant doors to the function room and doors/windows which form part of any sound attenuating lobby (as well as other access points to the function room) shall be fitted with self closing devices and shall not be propped or held open whilst Regulated Entertainment is being provided within the same.

   

  The Licence Holder shall keep all relevant doors and windows of the premises closed (except to allow reasonable access and egress) whenever anything other than incidental background music, performance of dance or indoor sporting events are being provided within the premises.

   

  After 22:00 Hours the operators of the Premises shall not permit their customers to consume alcohol outside the hotel building (i.e. in any outside/external areas) and rather shall only permit customers to go outside to smoke in the designated smoking area.

   

  Notices will be erected and maintained requesting that customers do not generate undue noise whilst using the external areas of the premises (whether for drinking or smoking) and whilst leaving the premises and the area.

   

  The operators of the premises shall monitor the external areas of the premises and proactively deal with any customers who generate undue noise whilst using the same.

   

  If instructed in writing by the Environment Team of this Council an automatic noise limiting device shall be installed (within 28 days of such an instruction being made) and maintained within the premises and all amplified music and voices shall be performed/played through this device.  The noise limiting device shall be set as directed by the Environment Team of this Council.

   

  If instructed in writing by the Environment Team of this Council the operators of the premises shall (within 56 days of such an instruction being made) improve the sound insulation properties of any elements of the building through which undue noise is breaking out from the same.

  Levels of noise emanating from the premises to be monitored by staff and noise to be kept to a reasonable level.

   

  The provision of live music in the Games Room, Lounge Bar, Main Bar, Dining Room and

  Family Room shall be karaoke only.

   

  The Protection of Children from Harm

   

  Challenge 21 proof of age policy to be applied with 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 the premise licence holder.

   

  Children will not have access to the bar area other than for access and egress from family area.

   

  For teenage functions and any event where it can be reasonably anticipated that the majority of those attending will be teenagers

   

  All guests shall be admitted to the venue by written invitation only.

   

  A copy of the invitation and guest list to be provided to the DPS prior to the event in order to allow for monitoring of guests.

   

  There shall be provided at the premises door supervisors to such a number 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 the provision of 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 contain the following details:

   

  (i) The door supervisor's name;

  (ii) His/Her Security Industry Authority Licence Number

  (iii) The time and date he/she commenced and concluded their duty

  (iv) The door supervisors shall sign each entry

  (v) 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 upon demand by the Security Industry Authority or Police. Each entry shall be retained for a period of 24 months from date of completion.

   

  All persons attending shall be distinctively marked (wristband, handstamp, etc) to indicate their age group, following confirmation of age by means of the following;

   

  A recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS)

  Photo driving licence (not provisional)

  Passport

  Any other means of identification approved and accredited in writing by the premises licence holder.

   

  A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate:

   

  a) That it is unlawful for alcohol to be supplied by it or on its behalf, to or to the order of, a member of the club who is aged under 18 years, or to the order of a member of the club, to an individual who is aged under 18.(The Club and/or a person may commit this offence)

   

  b) That proof of age may be requested at the premises and those accepted means for proof of age listed as above.

   

  All point of sale staff shall undergo training in the above policy with a record kept of the date of training, signed by the member of staff and the trainer. 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 or other parties acting on their behalf.

   

   

• 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).