HARRINGTONS

128-130 LUMLEY ROAD, SKEGNESS, PE25 3NA

Completed application 077603 which is a Change of Premises Name for Premises Licence from 16/09/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 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 licence holder will ensure that all staff engaged in licensable activities at the premises will receive training on induction and information on the following:

  The Challenge 25 Proof of Age Scheme in operation at the premises including acceptable forms of ID.

  The hours and activities permitted by the premises licence.

  How to complete and maintain the refusals register in operation at the premises.

  Recognising the signs of drunkenness.

  The operating procedure for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

  Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

  Training will be recorded in documentary form and refreshed at least annually; training records shall be retained for at least 12 months and made available for inspection at reasonable times on request by an Authorised Officer of a Responsible Authority

  The Prevention of Crime and Disorder

  No open drinking vessels shall be allowed off the premises.

  Customers permitted to temporarily leave (e.g., to smoke and then re-enter the premises) shall not be permitted to take drinks or glass containers with them.

  The premises licence holder will keep an incident report register in which the full details of any incidents shall be recorded as soon as possible and made available to an Authorised Licensing Officer or the Police when requested.

  On Thursday to Sunday (inclusive) the premises licence holder shall have a minimum of two Security Industry Authority (SIA) licensed door supervisors on duty after 2100 Hours each day and a record shall be kept of their SIA registration number and the dates and times when they are on duty. This minimum number of door supervisors to increase if such a need is identified by a written risk assessment undertaken by the premises licence holder (or his nominated representative) - such risk assessment to be made available for inspection at reasonable times on request by the Police or an Authorised Officer of the Licensing Authority.

  At all other times there shall be provided at the premises door supervisors who are licensed with the Security Industry Authority (SIA) 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. The number of door supervisors required (if any) to be determined by a written risk assessment undertaken by the premises licence holder (or his nominated representative) - such risk assessment to be made available for inspection at reasonable times on request by the Police or an Authorised Officer of the Licensing Authority.

  The premises licence holder shall retain suitable digital CCTV and appropriate recording equipment installed to be operated and maintained at the premises to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.

  The CCTV cameras and recording equipment shall be of sufficient quality to work in all lighting levels and:

  The CCTV footage will be stored for a minimum of 31 days.

  The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

  The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

  Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV and will be able to download selected footage onto a disk for the Police without difficulty or delay.

  A drugs policy shall be in effect and all staff shall be trained in the implementation of the policy. The policy should be made available to Police and Authorised Officers of the Licensing Authority on request.

  Any drugs confiscated from customers shall be stored in a locked and secured container and the Police shall be notified within 24 hours. A log will be maintained and kept with the drugs container. It will contain details of date/time of finding, whom found by, when deposited, when collected by Police, and signatures of depositor and collector.

  A daily incident log shall be kept at the premises for a period of at least 12 months from the date of last entry, which will record the following:

  a)              all crimes reported to the venue.

  b)              all ejections of patrons.

  c)              any complaints received.

  d)              any incidents of disorder.

  e)              any faults in the CCTV repaired within 24 Hours.

  f)              any refusal of the sale of alcohol.

  g)              any visit by a relevant authority or emergency service.

  h)              any lost property found or handed to staff at the premises.

  i)              any other relevant incidents to be recorded.

  Public Safety

  Not Applicable.

  The Prevention of Public Nuisance

  The premises licence holder shall not permit the use of the licensed premises to become a nuisance to persons in the neighbourhood and shall take all reasonable steps necessary to prevent persons in the neighbourhood from being disturbed by noise.

  The external doors of the premises shall be kept closed (except for immediate access and egress) and the windows shall be locked shut from 2000 Hours until the premises closes.

  A suitable waste bin will be located near the site entrance with signs to encourage customers to use them for the disposal of cigarette litter.

  Posters will be prominently displayed at the exit points asking customers to disperse quietly and door supervisors shall properly control customers outside the premises so that they leave quickly and quietly and do not congregate on the pavement outside the premises.

  The outside area of the premises shall be checked regularly for litter. Any litter found shall be disposed of and/or cleaned up in an appropriate manner.

  The Protection of Children from Harm

  The premises will operate a Challenge 25 Proof of Age Policy and anyone who appears to be under 25 will be asked for photographic ID to prove their age. Acceptable forms of ID will be passports, driving licences with a photograph, photographic military ID or proof of age cards bearing the 'PASS' mark hologram.

  Suitable and sufficient signage advertising the Challenge 25 Proof of Age Policy will be displayed in prominent locations in the premises, in particular at the point of sale.

  All staff members engaged in selling alcohol on the premises shall receive training pertinent to the Licensing Act, specifically in regard to age-restricted sales. Induction training will be completed prior to engaging in any sale of alcohol together with refresher training at least annually. A record of restricted sales training undertaken by staff members will be kept and made available upon request to Officers of any Responsible Authority.

  The premises shall at all times maintain and operate a sales refusals log and an incident log will be kept to record all refusals and incidents of crime or disorder. These shall be reviewed and signed by the Designated Premises Supervisor (DPS) on a monthly basis and feedback given to staff to ensure these are used whenever a refusal or incident occurs at the premises. These records shall be kept for a minimum of twenty-four (24) months and made available upon request to Officers of any Responsible Authority.

   

• 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).