North Kesteven District CouncilLicensing Team

The Yard Venue

Market Place, SLEAFORD, Lincolnshire, NG34 7SF

Completed application 024218 which is a Variation Application for Premises Licence from 09/07/2020 to indefinite

Applicant(s)

Permitted Activities

• a performance of a play
• 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

   

  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

   

  Door Supervisors

   

  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

   

  Films

   

  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:

           by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

           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.

   

   

  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

   

  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.

   

  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.

   

  An external CCTV camera to be installed to cover the whole of the outdoor seating area to the same specifications as what is already in existence inside the premises.

   

  Patrons shall not be allowed to enter or leave the premises whilst in the possession of any drink in unsealed containers.  For the purpose of clarity, this means any drink whether or not it contains alcohol and leaving the premises includes leaving for any reason whether temporarily or otherwise.

   

  All food and drinks will be served will be way of waiting on staff.

   

  All bottled beers will be decanted into drinking vessels and bottled wines are to be poured into decanters. No bottles are to remain on the table at any time.

   

  A member of staff to be in the external seating area at all times, with a working radio link to staff inside the premises.

   

  All customers must be seated at a table.

   

  The external seating area tables to be kept clear at all times whilst not in use.

   

  All tables and chairs are to be removed daily and stored inside the premises or securely chained to a fixed point outside of the premises.

   

  No alcoholic drinks to be consumed outside of the premises after 2300 hours unless accompanied with a substantive meal from the menu when open till 0000.

   

  Last orders of drinks should be 30 minutes prior to the closure of the premises, allowing a period of drinking up time.

   

  An incident/refusals 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/refusals.

  Nature of the Incident/refusal.

  Names, addresses and contact details of persons involved.

  Result of the incident/refusals.

  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.

   

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents.

   

  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

   

  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.

   

  Children under 16 are not permitted in or on any part of the premises unless accompanied by a responsible adult at all times.

   

   

   

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

   

  N/A