HARRINGTONS

128-130 LUMLEY ROAD, SKEGNESS, PE25 3NA

Completed application 076022 which is a Cancellation/Surrender for Premises Licence from 21/03/2019 to 25/11/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• 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(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

   

  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 (6);

  (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(7).

   

  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

   

  At least one Personal Licence Holder will be on the premises at all times.

   

  No staff under 18 years of age will be employed.

   

  Day to day risk assessments are covered by venue manager.

   

  Police Constables for the County, authorised Officers of the Fire Authority and authorised Officers of the District Council shall, whilst on duty, be allowed to enter the licensed premises at all reasonable times, without payment.

   

  The Prevention of Crime and Disorder

   

  The premises shall be a member of Pubwatch (whilst forever there is an active scheme in the town)

   

  No drinks shall be permitted to leave the venue onto the street.

   

  A drugs policy in respect of the premises must be submitted the Licensing Authority.  Such policy will set out the procedures to be carried out for searching customers for drugs on entry to the licensed premises, the procedure for dealing with drugs found within the licensed premises and for dealing with anyone found using or supplying drugs on the premises.

   

  The Licensee shall at all times ensure that the drugs policy referred to above is complied with.

   

  A hard-bound record book or register must be kept by the Licensee on the licensed premises to record all drugs seizures, finds and collections together with details of the member(s) of staff involved, police officer(s) to whom the drugs are released and if known details of the user or dealer involved.  The register must be made available to the Licensing Authority and to the Police upon request.

   

  The Licensee shall have on the licensed premises a deposit box approved by the Police and this shall be used for the storage of any drugs found within the premises pending collection of the drugs by the Police.

   

  An appropriate storage facility shall be provided by the Licensee at the licensed premises for the storage of needles or sharps pending collection by the Police.

   

  The Licensee shall inform the Police of any drugs seizures or finds within the licensed premises as soon as practicable thereafter.

   

  An appropriate cool room/area with seating shall be provided by the Licensee within the licensed premises which must be cooler and quieter than the dancing areas.

   

  Public Safety

   

  The Licensee must operate an effective counting system to monitor the numbers of patrons entering the licensed premises.

   

  The Prevention of Public Nuisance

   

  Amplification shall have built in limiters to cut the top and bottom noise waves to stop peak and troughs in sound.

   

  All windows situated at the front of the venue shall be double glazed.

   

  The Manager’s policy on noise shall supersede DJ control.

   

  Litter clearance shall be undertaken by staff both inside and outside premise.

   

  Except for normal access and egress doors to the venue shall be kept closed to prevent noise disturbance.

   

  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.

   

  Except for normal access and egress doors and windows are to be kept closed during periods of entertainment.

   

  The Protection of Children from Harm

   

  There shall be no nudity, semi-nudity or erotic dancers in the venue. No images showing nudity or semi-nudity shall be displayed.

   

  All minors have restricted access after 2000 hours, minors must leave the premises by 2100 Hours.

   

   

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

  The following conditions were added to the premises licence as the result of a premises licence review hearing held on 18 January 2016:

   

   

  Training and Management

   

  1. 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.

   

  2. The training will be recorded in documentary form that will be available for inspection upon reasonable request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority. The records will be retained for at least 12 months.

   

  3. Any person managing or supervising staff in the sale of alcohol or other licensable activity in the absence of the DPS will be the holder of a personal licence obtained following the attainment of a nationally recognised qualification.

   

  4. All staff shall be trained in the requirements of the Challenge 21 Policy.

   

  5. Training will be repeated at least every 12 months and will be recorded in documentary form that will be kept at the premises and be available for inspection upon reasonable request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority . The records will be retained for at least 12 months.

   

  6. The premises licence holder (or nominated person) shall ensure that new bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.  Training shall be signed and documented and training records be made available to an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority. The records will be retained for at least 12 months.

   

  7. 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.

   

  8. The incident book will be available for inspection upon reasonable request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority. The records will be retained for at least 12 months.

   

  9. 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 an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority.

   

  10. The DPS will undergo and complete conflict management training by the end of March 2016.

   

  SIA Door Supervisors

   

  11. When live or recorded music is provided at the premises a minimum of two door supervisors registered with the Security Industry Authority (SIA) will be employed from 2200 hours until close. A minimum of 2 door supervisors registered with the Security Industry Authority (SIA) will be employed at the premises from 2200 hours until close on a Saturday.

   

  12. All door staff shall be trained in the requirements of the Challenge 21 Policy, the identification and recognition of drunks and the correct procedure to be followed when refusing service.

   

  13. The training will be repeated at least every 12 months and will be recorded in documentary form that will be available for inspection upon reasonable request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority. The records will be retained for at least 12 months.

   

  14. The Premises Licence holder (and/or DPS) will ensure door supervisors are properly briefed and trained to manage patrons in a safe and efficient manner.

   

  15. The Premises Licence holder (and/or DPS) will ensure door supervisors do not allow any drinking vessel, glass or bottle to be taken from the premises.

   

  16. All door supervisors shall have clear instruction and understanding of their duties and responsibilities, including the following:

   

  Controlling the entry of persons to the premises;

  The keeping of order in the premises;

  Preventing the admission and ensure departure from the premises of the drunk and disorderly, without causing further disorder;

  Keeping out excluded individuals ;

  Searching and excluding those suspected of carrying illegal drugs, or carrying offensive weapons; and

  Maintaining orderly congregation and queuing outside of the premises.

   

  17. All door staff engaged in searching persons 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.

   

  18. 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.

   

  19. The Premises Licence Holder (and/or the DPS) will maintain a register of door supervisors employed at the premises. The register will detail the day, time and date the door supervisor commenced duty, full name legibly written, SIA licence number, the name of the  employer, the time duty ends and the name of the person in charge of the premises on that date.  The register will be kept at the premises and be available for inspection upon reasonable request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority. The records will be retained for at least 12 months.

   

  CCTV

   

  20. A CCTV system shall be installed, recording and maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police, specifically:

   

  There shall be a minimum of one high resolution camera fitted in a weatherproof housing, for external coverage of the entrance.

  There 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.

  There shall be sufficient cameras able to cope with the normal operating illumination to reasonably cover all licensed public areas. 

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

  The frame rate shall be maintained to a standard whereby any footage produced is of sufficient quality to be of evidential use. It is recommended that the FPS is maintained as close to 25 FPS as possible and should not fall below 15 FPS.

  Police and/or Licensing Officers shall be able on attendance to view playback of any incident without the necessity for download.

  Recordings of incidents at the premises must be provided to the police following lawful request.

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

   

  21. At all times the premises are open for business a member of staff will be present who is capable of operating the system and downloading images upon reasonable and legal request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority.

   

  22. 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.

   

  Glassware and Bottles and Management of Outside Areas

   

  23. No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.

   

  24. No outside area shall be used for consumption of alcohol.

   

  Sales Refusal Register

   

  25. The Licence Holder (and/or DPS) shall ensure a sales refusal register is maintained at the premises. The register to include details of all alcohol sales refused and the reason for refusal.  The refusals register should be made available upon reasonable request by an Officer of Lincolnshire Police or an Authorised Officer of a Responsible Authority. The records will be retained for at least 12 months.

   

  Supervisory Consultant

   

  26. For at least 6 months from the date this decision comes into effect , the premises must employ the services of a recognised independent licensing consultant (approved by Lincolnshire Police) to visit, audit and make recommendations for any operational improvements at the premise at least once every month. The monthly report and any recommendations to be made available upon reasonable request by an Officer of Lincolnshire Police’s Licensing Team or an Officer of the Licensing Authority’s Licensing Team. The records will be retained for at least 12 months.

   

  Challenge 21 Scheme

   

  27. A Challenge 21 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

  •              Military ID card

  •              Any future accredited and accepted proof of age as defined by Lincolnshire Police.

   

   

• Annex 4 - Plan for The Stumble Inn, 128-130 Lumley Road, Skegness, PE25 3NA is attached to this Premises Licence