North Kesteven District CouncilLicensing Team

The Yard Venue

Market Place, SLEAFORD, Lincolnshire, NG34 7SF

Completed application 013239 which is a Transfer Application for Premises Licence from 09/07/2013 to indefinite

Applicant(s)

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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

   

  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

   

  Membership of a local pub watch scheme (when one exists) is required and would include registration.

   

  There shall be in force for the premises a drugs policy which has been developed in liaison with and to the satisfaction of the Lincolnshire Police.

   

  Where the premises sells alcohol or provides entertainment after midnight then a minimum number of two door staff registered with the Security Industry Authority (SIA) will be on duty for the first 100 persons present and thereafter one for every 100 persons present or part thereof.

   

  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.

   

  A CCTV system shall be installed on the premises.

   

  The system and equipment installed must be approved by the Lincolnshire Police following completion of a survey by a qualified Crime Reduction Officer.

   

  The system must operate during the whole time the premises are open to the public. Leaving the equipment in operation during non-opening hours is also a good crime reduction initiative in the event of a burglary occurring.

   

  The system must include a thirty-one day video library.  Each tape must be endorsed with times and dates of recordings and shall be retained not less than 28 days before re-use.

   

  The system must be capable of recording a satisfactory image from each and every camera continually eg. Multiplex.

   

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

   

  The Licensee shall allow officers of the Lincolnshire Police/Local Authority access to the system at any time when the premises are open or at any other reasonable time.

   

  The Licensee shall provide such tapes as requested by an officer of the Lincolnshire Police/Local Authority.

   

  Children under 16 are not allowed on the premises after 10pm unless accompanied by a responsible adult, except on specially organised children or young persons’ event.

   

  Children under 16 are not permitted to sit or stand at the bar.

   

  When Flicks Nightclub is closed, The Mabern Club may serve alcohol until 3am, provide regulated entertainment and late night refreshment until 3.45am.  The premises will close at 3.45am.

   

  This condition is subject to Philip Broughton holding the premises licence for Flicks Nightclub, or when Flicks Nightclub is shut down and no longer trading. The police must be given 14 days notice of the intention to open longer than the standing timings.

   

  Special conditions in respect of adult entertainment

   

  Definition - all references to striptease, nudity, wearing of see through material, lap dancing, table dancing and pole dancing and entertainment of a similar nature shall be referred to in these conditions as the “Adult Entertainment”.

   

  1.              There shall be no images of nakedness, nudity or of any description of a sexually explicit nature likely to cause offence as to the nature of the entertainment being held on the premises on any external advertising.

  2.              Performance of an adult entertainment shall not be subject of any advertising involving the distributing of leaflets, promoting by canvassers or by touting in the street.

  3.              The adult entertainment shall not be visible from the street.

  4.              Any person who can be observed from outside the premises shall be decently dressed.

  5.              No person, either staff, performer, entertainment, visitor or customer under the age of 18 years be allowed in any part of the premises whilst an adult entertainment is being performed or at any time whilst a rehearsal or audition for such entertainment is being conducted.

  6.              A clear notice shall be displayed at each entrance to the premises, in a prominent position so that it can be easily read by people entering the premises saying:

   

                “NO PERSONS UNDER THE AGE OF 18 SHALL BE ADMITTED”

   

  7.              The adult entertainment shall be restricted to dancing and the removal of clothes, there shall not be any form of sexual activity.

  8.              There shall be no physical participation between any member of the audience or any other performer.

  9.              The only time any physical contact shall be allowed between a performer and a customer is when the performer introduces herself/himself with a handshake or when a gratuity or tip is placed in the garter or armband.  Other than that, there shall be no contact.

  10.              First floor windows to be blacked as required to prevent the adult entertainment being visible from the street of adjacent buildings.

  11.              Adult entertainment/films with a restricted age not to begin until after 10pm.

   

   

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

   

  N/A