DESIRE

105 - 107 LUMLEY ROAD, SKEGNESS, PE25 3LZ

Completed application 070866 which is a Administrative Update for Premises Licence from 03/05/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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(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

   

  MC4

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made

   

  a)              by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  b)              by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) (74(3)(b) for clubs) of the Licensing Act 2003 applies to the film.

   

  S20/74 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 approved for the provision of adult entertainment.

   

  The principle purpose of the premises shall be to operate as a lap-dancing and pole dancing club.

   

  SPECIAL CONDITIONS - PREMISE PROVIDING APPROVED ADULT ENTERTAINMENTS

   

  Definition - all references to striptease, nudity, wearing of see-through material, lap dancing, table dancing and pole dancing and entertainment of a similar nature shall be referred to in these conditions as the "Approved Entertainment".

   

  a)              Premises used for an approved entertainment shall be equipped both internally and externally with a closed circuit television system, installed and maintained to the satisfaction of the Chief Officer of Police and East Lindsey District Council.  All cameras will continuously record during the times the premises are open to members of the public and the video recordings shall be kept for a minimum of 28 days with accurate time and date markings.  Tape recordings shall be made immediately available to an authorised Police Officer or Officer of the Council.

   

  b)              No still or moving photographic or video recordings other than under condition (a) above shall be made of any performance of an approved entertainment.

   

  c)              There shall be no images of nakedness, nudity or of any description of a sexually explicit nature likely to cause offence as to the nature of the entertainment being held on the premises on any external advertising.

   

  d)              Performances of an approved entertainment shall not be the subject of any advertising involving the distribution of leaflets, promotion by canvassers or by touting in the street.

   

  e)              The approved entertainment shall not be visible from the street.

   

  f)              Any person who can be observed from outside the premises shall be decently dressed.

   

  g)              No person either staff, performer, entertainer, visitor or customer under the age of 18 years shall be allowed in any part of the premises whilst an approved entertainment is being performed or at any time whilst a rehearsal or audition for such entertainment is being conducted.

   

  h)              A clear notice shall be displayed at each entrance to the premises, in a prominent position so that it can easily be read by people entering the premises, saying :-

   

  "NO PERSONS UNDER THE AGE OF 18 SHALL BE ADMITTED"

   

  i)              The approved entertainment shall be given only by performers/entertainers who are engaged exclusively for that purpose.

   

  j)              No performer shall be allowed to work if they appear to be under the influence of intoxicating liquor and/or drugs.

   

  k)              The approved entertainment shall be restricted to dancing and the removal of clothes, there shall not be any other form of sexual activity.

   

  l)              Apart from that permitted under Condition (m) below, there shall be no physical contact between any member of the audience or any performer(s).

   

  m)              The only time any physical contact shall be allowed between a performer and a customer is when the performer introduces herself/himself with a formal handshake or when a gratuity or tip is placed in the garter or armband.  Other than that, there shall be no contact.

   

  n)              The licensee, management or anyone concerned in providing the approved entertainment shall not encourage or permit the encouragement of the audience to throw money or otherwise give gratuities to the performers except as permitted by condition (m) above.

   

  o)              No performer shall accept or give any telephone number or business card or note to or from members of the audience.

   

  p)              Performers shall be provided with changing room(s) that shall be located so as to be separate and apart from public facilities.

   

  q)              No person other than performers and authorised staff shall be permitted in the changing room(s).

   

  r)              The licence holder shall provide a copy of the House Rules to East Lindsey District Council for approval.

   

  s)              On arrival, each customer shall be provided with a copy of the House Rules which shall include:

   

  i)              No person under the age of 18 years shall be admitted to the premises.

   

  ii)              The only time any physical contact will be allowed between a performer and a customer is when the performer introduces herself/himself with a handshake or when a gratuity or tip is placed in the garter or armband.  Other than that, there shall be no contact.

   

  iii)              No member of the audience shall throw money or otherwise give gratuities to the performers except as permitted in section (ii) above.

   

  iv)              There shall be no physical participation by any member of the audience.

   

  v)              No customer shall accept from or give to any performer or member of staff any telephone number or business card or note.

   

  t)              A clear copy of these conditions and House Conditions shall be exhibited at all times in or near the performers' changing room(s) in such a manner that they can be read by the performers.  These conditions shall be protected against theft, damage or defacement.

   

  u)              There shall be no private booths or performing areas provided on the premises (unless specifically permitted by the Council).

   

  The Prevention of Crime and Disorder

   

  The premises licence holder must provide SIA registered door supervisors at the licensed premises. The minimum number of door staff to be provided at any time is two.

   

  Door supervisors must display their SIA identification badge at all times whilst on duty at the licensed premises.

   

  Measures shall be implemented to control entry to the premises at both ground floor and first floor level.

   

  Measures shall be implemented in order prevent customers from removing glass drinking vessels from the premises.

   

  The provision of a minimum of 30 minutes of opening time (with access to toilet facilities) after the terminal hour for the supply of alcohol.

   

  The premises licence holder and/or Designated Premises Supervisor (DPS) shall maintain and keep good order and decent behaviour on the licensed premises and shall not permit drunkenness.

   

  Public Safety

   

  The maximum number of persons permitted on the licensed premises in respect of regulated entertainment shall be 200.

   

  The premises licence holder shall take all reasonable precautions for the safety of the public and performers whilst on the premises and shall ensure that the licensed premises and any fittings, stairways, notices are maintained in good order and condition.

   

  The Prevention of Public Nuisance

   

  All doors and windows must be kept closed (except for normal access and egress) during periods of regulated entertainment

   

  The licensee shall not permit the use of the licensed premises to become a nuisance to persons in the neighbourhood and, in particular, shall take all necessary precautions to prevent persons in the neighbourhood being disturbed by noise.  The licensee shall comply with any noise standard specified by the Licensing Authority.

   

  When required by the Licensing Authority, automatic control of the volume output from any musical equipment shall be installed and set at a level as directed by the Licensing Authority.

   

  Live and recorded music will be played at a reduced volume for at least the last 30 minutes before closing. The volume of noise will be controlled by the premises licence holder and/or DPS.

   

  Proper control of customers arriving and leaving the premises including escorting to taxis, etc.

   

  The Protection of Children from Harm

  Persons under 18 must not be admitted to the premises.

   

   

• Annex 3 - Conditions Attached After a Hearing by the Licensing Authority

  The following conditions were attached to the premises licence as the result of a premises licence review hearing held on 15 September 2017:

   

  Drugs Control Policy

   

  The Premises Licence Holder shall nominate a person, who shall be involved in the day to day management of the premises, to successfully complete the BII National Certificate of Drugs Awareness qualification (or other accredited ‘drug awareness’ training course approved by the Licensing Authority) within six months of the implementation of this licence condition.

   

  Should the aforementioned person cease employment with the business then the Premises Licence Holder shall nominate a new person, who shall be involved in the day to day management of the premises, to successfully complete the BII National Certificate of Drugs Awareness qualification (or other accredited ‘drug awareness’ training course approved by the Licensing Authority) within six months of the previous nominated person leaving the employ of the business.

   

  The Premises Licence holder shall draw up and implement a premises specific drugs policy. The Premises Licence Holder must formulate the Drugs Policy in consultation with the Lincolnshire Police Licensing Team. The written drugs policy must detail the actions to be undertaken to minimize the opportunity to use or supply illegal substances within the premises. The policy will include an agreed procedure for the handling and retention of any article seized. The policy shall be reviewed as necessary but at least annually. A record shall be kept that a review of the policy has been made - such record to be kept for a minimum period of 18 months.

   

  The premises must use a drugs safe to deposit finds and there will be a clear policy for the handling and packaging of seized items.

   

  Staff shall be provided with ‘drug awareness training’, and be briefed on the drugs policy applicable to the premises. The drug awareness training will be provided to all employees that have the potential to deal with persons who are in the possession of / incapacitated through the use of drugs or the combined effect of drugs and alcohol at least every 9 months

   

  Records will be maintained detailing the time and date of the training, the people who received the training, and the name of the person delivering the training. The records will be available for inspection at the time of request by an Authorised Officer of the Licensing Authority or Lincolnshire Police. The records will be retained for a minimum period of 18 months.

   

  CCTV

   

  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 72 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.

   

  The positions of all CCTV cameras shall be clearly shown on the licensing plan(s) deposited with the Licensing Authority and any alteration to the system should only be carried out after consultation with the Lincolnshire Police Licensing Team.

   

  Miscellaneous 

   

  Staff Training - 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.

   

  Incident Book - An incident book shall be maintained to record any activity of a violent, criminal or anti social nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The incident book shall contain the following details:

   

  a)              time, date and location of incident.

  b)              nature of the incident.

  c)              names, addresses and contact details of persons involved.

  d)              the result of the incident.

  e)              action taken to prevent further such incidents.

  f)              each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS.

   

  The incident book will be available for inspection upon reasonable request by a member of any relevant authority. The records will be retained for at least 18 months.

   

  Management and Training - The Designated Premises Supervisor will provide written details of any person nominated to manage the premises in their absence. The person nominated shall be a personal licence holder.  These details should be kept on the licensed premises and produced on request to the police or member of a responsible authority.

   

  SIA Door Supervisors

   

  The Premises Licence holder and/or DPS will ensure door supervisors are properly briefed and trained on the operating standards of the premises. The briefing and training to ensure that door supervisors employed at the premise have clear instruction and an understanding of their duties and responsibilities at the premise.

   

  Door Supervisor training will be repeated at least every 9 months and will be recorded in documentary form that will be available for inspection upon reasonable request by a member of any relevant authority. The records will be retained for at least 18 months.

   

  All Door Staff engaged in searching persons (as a condition of entry) shall be fully trained in the use of their powers to do so. In addition, they will be trained in the contents of the Drugs Policy for the premises.

   

  Door Supervisors shall actively cooperate with the Police in the execution of their duties and  provide evidence by written statements to assist in any criminal investigations

   

  A SIA Door Supervisor log book shall be maintained at the premises, in which shall be recorded the following details:-

   

  (i)              the door supervisor's name;

  (ii)              his/her Security Industry Authority licence number;

  (iii)              the time and date he/she starts and finishes duty;

  (iv)              each entry shall be signed by the door supervisor.

   

  That log book shall be available for inspection on demand by an Authorised Officer of the Licensing Authority, the Security Industry Authority or a Police Constable.

   

  The records will be retained for at least 18 months.

   

   

   

• Annex 4 - Plan for Desire, 105-107 Lumley Road, Skegness, PE25 3LZ, is attached to this Premises Licence