North Kesteven District CouncilLicensing Team

The Grapes

51 Southgate, SLEAFORD, Lincolnshire, NG34 7SY

Completed application 020226 which is a Variation Application for Premises Licence from 01/11/2017 to indefinite

Applicant(s)

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

   

  Supply of Alcohol

   

  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.

   

  Every sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence

   

  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

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014 Conditions in force from 28 May 2014

  Below Cost Alcohol Sales

   

  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 x 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)              ‘valued 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 Licensing Conditions)

  (Amendment) Order 2014

  In force from 1 October 2014

   

  1.  (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).

  2.    The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  3.  (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 licence 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.

  4.  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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The Designated Premises Supervisor must ensure that incidents of crime and disorder are monitored and that such incidents are reported to the police.

   

  The licence Holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.

   

  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.

   

  Children under 16 must be supervised by a responsible adult at all times they are on the premises.

   

  The Premises will operate as a cafe/wine bar.

   

  The Live Music provided at the premises will be limited to that of an acoustic nature only.

   

  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 colour 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 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 31 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.

  An incident/refusals book shall be kept at the premises, in which details of crime and/or disorder or refusals relating to the premises shall be recorded. The Incident/refusals book shall contain the following details;

  •             Time, date and location of incident/refusal.

  •             Nature of the Incident/refusal.

  •             Names, addresses and contact details of persons involved.

  •             Result of the incident/refusal.

  •             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 to Lincolnshire Police for inspection upon request or other relevant authority.

  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.

  The premises shall operate the "Challenge 25" Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The 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 credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  •             Photo driving licence;

  •             Passport.

  Notices shall be prominently displayed advising customers of the “Challenge 25” policy

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  1.0

   

  1.1              A tamper resistant CCTV system shall be installed and (or alternately where such a system is already installed) shall be maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police and must be ‘Fit for Purpose’ by complying with the following conditions;

   

  1.2              The system shall be used to record during all hours that the premises are open to the public.

   

  1.3              Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.

   

  1.4              The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days and must be endorsed with the accurate relevant time and date.

   

  1.5              The system shall be capable of monitoring and recording satisfactory images from each and every camera continually e.g. Multiplex facility.

   

  1.6              The system must be capable of monitoring and recording entrances and exits, and any areas not easily observed by staff, including access areas to toilet facilities.

   

  1.7              The recordings shall be provided to officers of Lincolnshire Police on request.

   

  1.8              Officers of the Lincolnshire Police shall be permitted access to the system at any reasonable time.

   

  1.9              Signage shall be clearly displayed informing customers that a CCTV system is in operation and recording on the premises.

   

  1.10              During all hours that the premises are open or licensable activities are permitted, a member of staff will at all times be on the premises and capable of operating the system in its entirety.

   

  2.0

   

  2.1              Should the premises employ any door supervisors, a record/log book shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor.

  The record shall contain the following details:-

  i.                The door supervisor's name;

  ii.                His/Her Security Industry Authority Licence Number

  iii.  The time and date he/she commenced and concluded their duty

  iv.  The door supervisors shall sign each entry

  v.              The Designated Premises Supervisor or other authorised person shall also   endorse each entry as having checked the authenticity of the individual door supervisor.

   

  2.2              That record shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  2.3              Each entry shall be retained for a period of 24 months from date of completion.

   

  3.0

   

  3.1              The premises to operate a challenge 21 proof of age scheme, whereby any person who appears to be under the age of 21 will be asked to provide ID. Acceptable forms of ID will include a photographic driving licence, passport or pass accredited card. Failure to produce ID will result in a refused sale.