THE HIDEOUT CAFE

COMPASS GARDENS, TOWER ESPLANADE, SKEGNESS, PE25 2UG

Completed application 077774 which is a Variation Application for Premises Licence from 01/12/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol
• an exhibition of a film
• provision of late night refreshment
• a performance of live music

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

   

  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 café / restaurant selling drinks and food with the sale of alcohol being ancillary to the business.

  All staff shall be suitably trained for their job function in the operating standards for the premises and the contents of the premises licence. The training shall be under constant review. The staff training will include the identification and recognition of drunks and the correct procedure to be followed when refusing service.

  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 reasonably cover all licensed public areas.

  d) Recordings must be kept for a minimum of 28 days and endorsed with the accurate, correct time/date (BST/GMT adjusted).

  e) The frame rate shall be maintained to a standard whereby any footage produced is of sufficient quality to be of evidential use.

  f) Playback of any incident without the necessity for download must be possible.

  g) A member of staff should 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. When this is not possible recordings will be provided within 24 hours of the original request.

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

  In the event of a CCTV system malfunction, the Designated Premises Supervisor (DPS) or the Premises Licence Holder must immediately record details of this malfunction in the premises refusals/incident book. Arrangements for its repair must be made without delay. The Licensing Authority and the Licensing Team of Lincolnshire Police must be advised of the failure.

   

  Signage shall be clearly displayed at the premises making customers aware of the CCTV operation.

   

  An incident/refusals book shall be kept at the premises. in which details of crime and/or disorder and or refusals relating to the premises shall be recorded. The incident/refusals book 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 shall be signed by the Designated Premises Supervisor (DPS) or other responsible person employed at the premises and so authorised by the DPS. The incident book shall be made available to Lincolnshire Police upon request. Each entry shall be retained for a period of 24 months from date of completion.

  The premises licence holder will provide 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.

  If door supervisors are employed then there shall be provided and kept at the premises a register/log book to record details of every 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 (SIA) licence number;

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

  ·              The door supervisors shall sign each entry.

  The log to be inspected weekly and signed by a member of the management team. The log to be retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

  Public Safety

  No glass drinking vessels will be allowed into the outside pool viewing area.

  A written glass collection policy will be in place and available for inspection to manage the use of glass that is used in the outside seating area in Compass Gardens.

  All staff shall be suitably trained for their job function in the operating standards for the premises.

  The Prevention of Public Nuisance

  The terminal hour for the provision of outdoor regulated entertainment shall be 2200 Hours.

  The premises licence holder (or nominated person) will assess the impact of any noisy activities on neighbouring premises at the start of the activity and periodically throughout the activity and take action to reduce noise levels if considered appropriate to do so.

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

   

  All external doors and windows shall be kept closed (except for normal access and egress) when regulated entertainment is being provided.

   

  There shall be placed at all exits from the premises, in a place where they can be seen and easily read by the public, notices asking customers to respect the needs of local residents and requiring customers to leave the premises and the area quietly.

   

  The Protection of Children from Harm

  There shall be in place for the premises a written policy to prevent the supply of alcohol to persons under 18 years of age. That 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 accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS)

  ·              Photo driving licence

  ·              Passport

  ·              Any other means of identification approved by the premise 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: That proof of age may be requested at the premises and those accepted means for proof of age listed as above and no sale to under 18’s will be permitted.

  All point of sale staff shall undergo regular 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.

  Any events considered to be of an adult nature will be restricted to persons aged 18 years or over.

   

• ANNEX 3 - Conditions Attached After A Hearing By The Licensing Authority

   

  Not Applicable.

   

   

• ANNEX 4 - Plan for The Hideout Cafe, Compass Gardens, Tower Esplanade, Skegness, PE25 2UG, is attached to this Premises Licence.