THE DUCK AND DRAKE

CATCHWATER MEADOW, ORBY ROAD, BURGH LE MARSH, SKEGNESS, PE24 5JD

Completed application 075031 which is a Administrative Update for Premises Licence from 01/04/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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 premises is a restaurant where alcohol is served ancillary to food.

   

  The consumption of alcohol shall only take place in the area outlined in red on the plan deposited with the Licensing Authority and attached to this premises licence.

  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.

   

  Prevention of Crime and Disorder

   

  A tamper proof 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 colour camera, fitted in a weatherproof housing, for external coverage of the entrance.

  b) here shall be a minimum of one high-resolution colour camera fitted to each 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 30 days and endorsed with the accurate, correct time/date (BST/GMT adjusted.

  e) Police and/or Authorised Licensing Officers shall be able on attendance to view immediate playback of any incident without the necessity for download.

  f) Recordings of incidents at the premises must be provided to the police following lawful request.

  g )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.  When this is not possible recordings shall 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.

  i)  All equipment shall have constant time/date generation, which must be checked for accuracy on a daily basis.

  j) The CCTV system should be maintained and checked every 12 months, with the installing company, or if this is not possible another reputable company, producing a letter of compliance.

  k) In the event of a system malfunction, the Designated Premises Supervisor 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. 

   

  Drug awareness training will be provided to all employees. There shall be a drug policy completed for the premises. This document will be specific to the venue and will be kept on site at all times and will be made available for inspection upon request from any responsible authority.

   

   

  Public Safety

   

  The premises licence holder or the DPS shall ensure that a sales refusal register is maintained at the premises. The refusal register to include details of all alcohol sales refused and reason for refusal:

  The Incident book shall contain the following details;

  Time, date and location of incident/refusals.

  Nature of the Incident/refusal.

  Names, addresses and contact details of persons involved.

  Result of the incident/refusals.

  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; and

   

  Retained for a period of no less than 12 months and made available upon request to a Police Officer or an Authorised Officer of the Licensing Authority.

   

   

  Prevention of Public Nuisance

   

  Customer notices to be displayed at all exits asking patrons to please leave the premises quietly and to respect the needs of the local residents.

   

  Staff to check the surrounding areas and ensure the premises is regularly cleaned to ensure that litter is removed and properly disposed of.

   

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to local residents.

   

   

  Protection of Children from Harm

   

  A Challenge 25 proof of age policy to be applied at the premises 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 Lincolnshire Police.

  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.

   

   

   

   

   

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

   

  Not Applicable

   

   

• ANNEX 4 - Plan for Henrys Bar and Restaurant, Catchwater Meadows, Orby Road, Burgh le Marsh, PE24 5JD is attached to this Premises Licence