North Kesteven District CouncilLicensing Team

Stacks

90 Southgate, SLEAFORD, Lincolnshire, NG34 7RL

Completed application 022687 which is a Transfer/Change of Supervisor Combined for Premises Licence from 18/04/2019 to indefinite

Applicant(s)

Permitted Activities

• a boxing or wrestling entertainment
• 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

   

  No supply of alcohol may be made under this licence:

   

           at a time when there is no designated premises supervisor in respect of it, or

           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:

           unauthorised access or occupation (e.g. door supervision) or,

           outbreaks of disorder, or

           damage

   

  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 -

  P is the permitted price,

  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

  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:

  the holder of the premises licence,

  the designated premises supervisor (if any) in respect of such a licence, or

  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.

   

  Irresponsible Drinks Promotions

   

  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).

  Water

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

  Age Verification Policy,

  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.

  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.

  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.

  Alcohol size measures

  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:

  beer or cider: ½ pint;

  gin, rum, vodka or whisky: 25 ml or 35 ml; and

  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

   

  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, specifically;

   

  1        There shall be a 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        There shall be a minimum of one high-resolution colour camera complete with an auto iris vari-focal lens 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 shall be sufficient cameras, able to cope with the normal operating illumination, located within the premises to cover all licensed public areas.

   

  4        There shall be a minimum lighting in the foyers and outside 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 shall be 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 (frames per second).

   

  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 lawful request. 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 shall meet the following requirements:

   

  a)               It 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 shall be used.

  c). The disc containing the recorded images needs to be able to be played back on Microsoft Windows software.  Or the playback software needs to be written to the CD-R/DVD-R at the same time of writing the CCTV images.

  d). The playback software must be able to playback the images at full screen resolution with forward, reverse replay, including pause and slow motion.

   

  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 shall be 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.

  DOOR SUPERVISORS

  When door supervisors are working at 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.

  Boxing/Wrestling (Activity shall be confined to defined Gym area only)

  Where any participant is aged over 18 there shall be provided at the premises door supervisors who are registered with the Security Industry Authority.  The number of such will be determined by a risk assessment to be carried out by the DPS and will be sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for the activity.

  Where all participants are under 18 then there shall be door supervisors working at the premises to such a number as the Licence Holder considers sufficient to control the entry of persons to the premises and for the keeping of order in the premises and No alcohol shall be sold, supplied or consumed.

  Door supervisors, where used, shall remain until the last customer has left the premises.

  When door supervisors are used to control any queue to the premises, they shall ensure that customers are advised of the amount of time they are going to have to wait to gain entry and to prevent any customers who have behaved in such a way as to cause a public nuisance or disturbance from entering the premises.

  No drink shall be removed from the premises in an unsealed container.

  Only polycarbonate, non-splintering plastic or paper drinking vessels shall be used. 

  Door supervisors shall keep an accurate record of the numbers in attendance.

  A Registered Medical Practitioner shall be present at any sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.

  Where the entertainment requires the provision of a ring, it shall be installed by a competent person who shall ensure that it is properly constructed and supported and all materials used in its construction are non-combustible. The Premises Licence Holder shall obtain a certificate from that competent person that the ring has been correctly constructed is fit for use and is constructed of non-combustible material. The Premises Licence Holder shall produce that certificate if required to do so to an Authorised officer of the Council, Lincolnshire Police or Lincolnshire Fire and Rescue Service.

  With regard to wrestling or other entertainments of a similar nature no member of the public shall be allowed to be seated or to enter an area within 2.5 metres of the outermost edge of the playing area of the sport.

  The presence of any child under 18 years of age at such events will only be permitted after prior consultation and agreement with the responsible bodies.

  In no circumstances shall any person be allowed to: -

  (i) sit in any gangway;

  (ii) stand or sit in front of any exit; or

  (iii) stand or sit on any staircase including any landing.

   

  NOISE CONTROLS

   

  1.              The ground floor of the premises shall not be used for the provision of any regulated entertainment except boxing or wrestling entertainment.

   

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

   

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

   

  4.       The licence holder or their nominated representative shall carry out regular external assessments of noise coming from the premises when regulated entertainment is taking place, and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents, these assessments to be documented and retained on the premises for a minimum of twelve months.

   

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

  a.                   Slowing down the tempo of the music.

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

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

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

   

  FOLLOWING MINOR VARIATION APPLICATION SEPTEMBER 2016

   

  Birthday parties which involve 16th, 17th or 18th birthday celebrations will not be held at the Premises under the terms of a Premises Licence

   

   

   

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

   

  N/A