North Kesteven District CouncilLicensing Team

Live Lounge

86B Southgate, SLEAFORD, Lincolnshire, NG34 7SY

Completed application 015208 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 22/11/2012 to indefinite

Applicant(s)

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
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1.              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.

   

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

   

  3.              The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

   

  (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;

   

  (d)              provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

  (i)              the outcome of a race, competition or other event or process, or

   

  (ii)              the likelihood of anything occurring or not occurring;

   

  (e)              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.

   

  4.              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6.              The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  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 a holographic mark.

   

  7.              The responsible person shall 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)              customers are made aware of the availability of these measures.

   

  Section 19 Licensing Act 2003 (as amended)

   

  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) of the Licensing Act 2003 applies to the film.

   

  Section 20 Licensing Act 2003

   

  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

   

  Section 21 Licensing Act 2003

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A CCTV system shall be installed and (or alternatively where such a system is already installed) shall be maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police.

   

  CCTV  -  POLICE SATISFACTION

   

  1        Minimum of one high resolution, colour day/night camera, complete with an auto iris vari-focal lens, fitted in a heated weatherproof external housing, for external coverage of each entrance.

   

  2        Minimum of one high-resolution colour camera complete with an auto iris vari-focal lens shall be fitted to each public entrance/exit. Door entrance cameras must be capable of providing good quality head and shoulder images, including facial captures, of all persons entering/leaving the premises.

   

  3        There must be sufficient cameras able to cope with the normal operating illumination, located within the premises to cover all licensed public areas.

   

  4        Lighting in the foyers and outside must be of sufficient brightness to complement the quality of the camera images.

   

  5        Police and/or Licensing Officers shall be able on attendance to view immediate playback of any incident without the necessity for download, and those images of such quality and content as to provide a clear overview of the incident, in any case the frame rate should not fall below 6 fps.

   

  6        In addition to the control equipment an additional high-resolution (minimum 15”) monitor shall be sited in or near the bar area or foyer entrance. This will give customers and staff visible reassurance on the installation and quality of images provided.

   

  7        All equipment shall have constant time/date generation. (see point 10)

   

  8        Recordings must be kept for a minimum of 31 days and endorsed with the accurate, correct time/date (BST/GMT).

   

  9        Recordings of incidents at the premises must be made secure for inspection by the police and provided on demand. This means that 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.

   

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

   

  11                If a digital multiplex recorder is installed it must meet the following requirements:

   

  a) The unit shall have an on board CD/DVD re-writer for evidence recovery.

  b). If a CD/DVD is used to transfer the digital CCTV images from a digital hard drive CCTV system then a write once CD-R/DVD-R medium must be used.

  c). The disc containing the recorded images needs to be able to be played back on Microsoft Windows software. 

  d). The playback software needs to be written to the CD-R/DVD-R at the same time of writing the CCTV images. This software must be able to playback the images at full screen resolution with forward, reverse replay, including pause and slow motion.

   

  DANCING

   

  A defined area shall be provided for dancing, performances of dance and any entertainment of similar description

   

  This defined area (dance floor) shall be clearly delineated and shall be cleared of all non-permanent fixtures and fittings during the activity.

                  

  Clear areas for access and egress shall be provided around the dance floor so as to reduce the risk of physical injury to dancers and patrons.

   

  DOOR SUPERVISORS

   

  When door supervisors are working at the premises to control the entry of persons to the premises and for the keeping of order in the premises, the following conditions shall apply;

   

  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:-

  The door supervisor's name;

  His/Her Security Industry Authority Licence Number

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

  The door supervisors shall sign each entry

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

   

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

   

  Each entry shall be retained for a period of 12 months from date of completion.

   

  Each Door supervisors licence number will be verified by the DPS or their agent using the Internet SIA website,

  Each Door supervisors licence number will be verified by the DPS or their agent using the Internet SIA website, on the occasion of each door supervisors initial employment at the premises. Thereafter a weekly check shall be carried out to ensure the licence status remains unchanged.

  This verification check will be recorded and signed appropriately by the DPS or their agent.

   

  There shall be a minimum of one SIA registered door supervisor inside the building on each floor level where any licensable activity is taking place.

   

  DRUGS POLICY

   

  There shall be a written drugs policy for the premises, formulated in conjunction with, and to the satisfaction of Lincolnshire Police and the contents of said policy shall be appended to the current licence and shall be adhered to. Contravention of the policy contents will constitute a failure to comply with this condition and therefore a potential offence under section 136 of the Licensing Act 2003 and/or section 19 of the Criminal Justice and Police Act 2001.

   

  All staff will be trained in respect of this policy.

   

  A written record shall be kept detailing the following;

   

  Name of the member of staff

  Name of the Trainer

  Date the Training was completed

  Staff member and trainer to sign the authenticity of the record.

   

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

   

  There shall be remedial or refresher training at a time deemed appropriate by the Designated Premises Supervisor.

   

  INCIDENT BOOK

   

  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 signed by the DPS or other responsible person employed at the premises and so authorised by the DPS.

   

  The Incident Book shall be made available to Police upon request.

   

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

   

  PROOF OF AGE

   

  Full training is provided to staff on commencement of employment on the law relating to all age-restricted products sold and any system or procedures they are expected to follow in the course of dealing with these goods. Refresher training should be provided at regular intervals (at least 6 monthly).

   

  Records detailing the training provided will be kept on the premises for production, on request, to an officer of a Responsible Authority. Records shall be retained on the premises for a minimum of 2 years.

   

  A ‘Challenge 25’ (or similar) Proof of Age scheme will be operated. Anyone attempting to purchase alcohol (or other min.18 restricted product) that appears under the age of 25 years will be asked for proof of age. Acceptable forms of identification will be a PASS-accredited proof of age card, photo driving licence or passport. Failure to produce satisfactory proof of age will result in a refused sale.

   

  Clear, prominent and unobstructed signage informing customers of the Proof of Age scheme in operation and the age restrictions on products will be clearly displayed at:

  ·              All entry points to the premises,

  ·              Adjacent to the products, where displayed, and

  ·              All points of sale.

   

  A system of recording sales refused under the Proof of Age scheme will be operated at all times.

   

  At least weekly, the Designated Premises Supervisor (or authorised deputy) will:

   

  ·              Examine the record and compare it against the normal operating pattern for the premises

  ·              Indicate any action taken in relation to that examination

  ·              Sign off/endorse the record to indicate the above points have been carried out

   

  The refusal record will be kept on the premises for production, on request, to an officer of a Responsible Authority. Records shall be retained on the premises for a minimum of 2 years.

   

  There shall be retained on the premises the details of all those persons who have been refused alcohol, such information to be retained for not less than twenty four months.  The information is to include details of the time and date of each incident, a description of the person refused and, if possible, the name of the persons and reason for refusal.

   

  Management Controls

   

  A personal licence holder shall be on the premises at all times during which intoxicating liquor is being sold or supplied to customers or consumed by customers, except in the case of an emergency

   

  Whenever a designated premises supervisor is not at the premises, another individual must be nominated as being the responsible person nominated by the designated premises supervisor to manage the premises and they must have the contact details of the designated premises supervisor.

   

  All drinks shall be supplied in polycarbonbate or plastic drinking vessels.  Any drinks sold in bottles shall be decanted behind the bar into Polycarbonate or Plastic drinking vessels unless they are provided to the customer in plastic bottles.

   

  Conditions of Entry

   

  ·              The premises have stamped that persons hand with an ink stamp or attached to their wrist a single use wrist band, and

  ·              The person presents the wrist band/stamped hand to a doorman before being permitted re-entry, and the stamp on the hand/wrist band is visible to the doorman.

   

  Any equipment generating amplified sound to the first floor areas of the premises shall be permanently installed, and connected to a sound limiting device capable of third octave band frequency adjustment and to be maintained in good working order.

   

  The operational panel of any sound limiting device shall be secured in a separate lockable cabinet remote from the volume control. Keys or other mechanisms for securing any sound limiting device cabinet shall be held by the premises licence holder only and shall not be accessible to any other person.

   

  Any sound limiting device installed on the premises shall be set by a competent acoustic consultant in the presence of a representative of North Kesteven District Council to levels in third octave bands to be agreed and approved in writing to North Kesteven District Council.

   

  A 'Winding-Down' & Dispersal policy shall be adopted that includes measures to achieve a gradual and orderly dispersal of customers at the end of each trading session. These measures shall commence at least 30-minutes before the premises closes, and shall include:

  (i)              Slowing down the tempo of the music.

  (ii)              A significant reduction in the volume of music i.e. gradually reduced down to background level.

  (iii)              Announcements by entertainers or DJ's (on occasions when they are used) requesting customers to leave the premises quietly and respect the peace and quiet of the local residents.

  (iv)              Any other measures calculated, designed or intended to create a calming and subduing atmosphere.

   

  Rear Doors / Handley Court Mews

   

  The emergency door[s] to the rear of the premises shall be kept closed at all times except to evacuate staff and patrons in an emergency.

   

  An internal alarm shall be provided and maintained to the rear inner fire door[s] to activate when opened.

   

  During the times that the premises is open the Premises Licence Holder shall ensure that regular checks are made of the entrance to Handley Court Mews to ensure that no unauthorised access is made by customers.  At closing time of the premises the Premises Licence Holder shall ensure that a minimum of one authorised person shall be positioned at the Southgate entrance to the premises to ensure that customers leaving the premises along Southgate do not congregate nor are allowed unauthorised access to Handley Court Mews.

   

  The entrance to Handley Court Mews shall be covered by a colour CCTV camera as part of the system to be maintained to the satisfaction of Lincolnshire Police.

   

  Signage

   

  A prominent, clear and legible notice shall be displayed and maintained at the entrance to the premises requesting patrons respect the needs of local residents, and advising patrons that causing noise, nuisance or disturbance while outside or in vicinity of premises will result in admission being refused.

   

  A prominent, clear and legible notice shall be displayed and maintained at each exit from the premises requesting patrons respect the needs of local residents and avoid causing noise, nuisance or disturbance when leaving the premises and vicinity of the premises.

   

  A prominent, clear and legible notice shall be displayed and maintained at the rear emergency exit[s] indicating these are for use in emergencies only.

   

  Waste

   

  An adequate number of suitable waste receptacles for use by patrons shall be provided and maintained at the entrance[s] to the premises. The waste receptacle[s] shall be emptied at the end of each trading day. The external areas of the premises in the immediate vicinity of the entrance[s], including the highway, shall be cleared of litter at the end of each trading day.

   

   

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

   

  N/A