LUDA LINCS LIMITED

29 UPGATE, LOUTH, LN11 9HD

Open application 082666 which is a Minor Variation Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol

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

  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 written drugs policy shall be in place and operated at the premise. The policy shall be formulated in conjunction with and to the satisfaction of Lincolnshire Police. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises and the contents of said policy shall be adhered to. It will allow the use of the itemising machine to swab the premises for drug use. Contravention of the policy contents will constitute a failure to comply with this premises licence condition.

  The drugs policy shall be reviewed every 12 months or following a drug related incident, whichever comes sooner.  The policy must be available for inspection upon request by an Authorised Officer of a Responsible Authority.

  Patrons shall not be allowed to enter or leave the premises whilst in the possession of any drink in unsealed containers.  For the purpose of clarity, this means any drink whether or not it contains alcohol and leaving the premises includes leaving for any reason whether temporarily or otherwise.

  A full written risk management plan will be in place detailing why door staff were not employed for events which would highlight an increase of risk at the premises. This policy shall be kept on the premises at all times and presented to any requesting Police Officer or Authorised Officer of the Licensing Authority upon their request.

  When door staff are employed at the premises the following will apply:

  A minimum of 2 door staff per first 100 persons and 1 for every 100 persons thereafter. 

  The door supervisors shall be positioned in a prominent location whereby they can control the exit / entry to the venue and shall not be used to undertake other duties.

  There shall be provided and kept at the premises a register/logbook 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.

  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.

  An incident 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.

  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 to 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 the Police upon request. Each entry shall be retained for a period of 24 months from date of completion.

  The premises licence holder 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 refusals register shall be made available on request to a Police Officer or an Authorised Officer of the Licensing Authority.

  Public Safety

  Not Applicable.

  The Prevention of Public Nuisance

  The provision of karaoke shall not take place at the premises after 2300 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 they are found to be distinguishable above normal background levels at the nearest residential property.

  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.

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

  The handling of kegs, bottles cleaning equipment, bottle disposal and similar items will not take place beyond 2300 Hours and before 0800 Hours when the noise generated could cause a nuisance particularly outside the buildings.

  The outside area of the premises will be checked daily for litter, any found will be disposed of in an appropriate manner.

  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.

  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 - 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).