THE WALLED GARDEN

LINCOLN ROAD, BAUMBER, HORNCASTLE, LN9 5NL

Completed application 073993 which is a Administrative Update for Premises Licence from 02/10/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  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 premise (subject of this premises licence) shall primarily be a walled kitchen garden and café / tearoom venue, which also:

                       undertakes weddings and other similar events, and,

                       provides for off sales of alcohol in connection with hamper & gift package sales and sales from the café / tearoom venue.

  The primary purpose of the premises shall not be the sale or supply of alcohol for consumption off the premises.

  A full written and comprehensive written assessment will be completed prior to any special events, inclusive of private functions to be held in the marquee. This assessment will be accessible at all times and be produced to Lincolnshire Police, Local Licensing Authority or any responsible Authority upon their reasonable request. This risk assessment will be kept for a minimum of 12 months.

  All point of sale staff shall undergo regular training in all policies for the premises 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 Authorised Officers of the Licensing Authority.

  The Prevention of Crime and Disorder

  An incident/refusals 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/refusal.

  •             Nature of the incident/refusal.

  •             Names, addresses and contact details of persons involved.

  •             Result of the incident/refusal.

  •             Action taken to prevent further such incidents.

  Each entry to be signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS; and retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

  Public Safety

  There shall be, throughout the duration of special events, a nominated person to guard the pond within the walled garden. The nominated person will be recorded in a register signed and dated both by the person and the DPS. In the absence of the DPS a person nominated by them to act on their behalf. This information to be recorded within the register and kept for a minimum of 12 months.

  No alcoholic drinks, whether sealed or open drinks, to either enter or be removed from the licensed area.

  The premises licence holder (or nominated person) will ensure that the premises / venue is regularly cleaned to ensure that litter is removed and properly disposed.

  A sufficient number of trained staff or stewards will be on site for any special event.

  The Prevention of Public Nuisance

  Not Applicable.

  Protection of Children from Harm

  The premises shall operate the "Challenge 25" Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The 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 credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  •             Photo driving licence;

  •             Passport.

  Notices shall be prominently displayed advising customers of the “Challenge 25” policy

  All point of sale staff shall undergo training in the Challenge 25 Proof of Age Scheme and all other relevant policies 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 12 months from date of completion.  This record shall be made available for inspection by Lincolnshire Police Officers or other relevant authority.

  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. In particular, no one under 18 years of age will be admitted to the premises if entertainment of an adult nature is taking place.

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable.

   

   

• ANNEX 4 - Plan for The Walled Garden, Lincoln Road, Baumber, Horncastle, LN9 5NL, is attached to this Premises Licence.