North Kesteven District CouncilLicensing Team

Frankie and Benny's

Runcorn Road, North Hykeham, LINCOLN, Lincolnshire, LN6 3QP

Completed application 008200 which is a Change of Supervisor for Premises Licence from 31/01/2011 to indefinite

Applicant(s)

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

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

   

  Section 19 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.

   

  1.              (1) 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.

   

  (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 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.

   

  2.              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).

   

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

   

  4.              (1) 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.

   

  (2) 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.

   

  5.              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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Substantial food and non-intoxicating beverages, including drinking water, shall be available during licensing hours in all parts of this premises where liquor is sold.

   

  There shall be no sale, supply or consumption of intoxicating liquor to or by customers in the restaurant area who are not seated at tables within the premises and any such service shall be by waiter, waitress or bartender only.

   

  Alcohol may be sold or supplied for one hour following the end of permitted hours and on Christmas Day between 3pm and 7pm to persons taking table meals in the premises or in a part of the premises usually set apart for the service of such persons and for consumption by such persons in that part of the premises as an ancilliary to his meal.  For other purposes or in other parts of the premises the permitted hours shall continue to apply.

   

  CCTV to be installed and properly maintained at the premises, positioned in consultation with Lincolnshire Police and giving internal views of the premises.  All recorded video tapes to be retained for a period for 31 days and made available to the police on request.

   

  Where necessary there shall be provided at the premises door supervisors who are registered with the Security Industry Authority (SIA) to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity.

   

  A log book shall be maintained at the premises, in which shall be recorded the following details:-

  (i)       the door supervisor's name;

  (ii)       his/her Security Industry Authority licence number;

  (iii)              the time and date he/she starts and finishes duty;

  (iv)     each entry shall be signed by the door supervisor

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

   

  Children have unrestricted access to the restaurant area of the premises at all times.

   

  1.       The permitted times do not prohibit:

   

  a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  c)               during the first thirty minutes after the above hours the consumption of  the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  e)               the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  f)                the sale of alcohol to a trader or club for the purposes of the trade or club;

  g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  h)               the taking of alcohol from the premises by a person residing there; or

  i)                the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  j)                            the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  2.       Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  c)                            to a canteen or mess.

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

   

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

  (a)              He is the child of the holder of the premises licence.

  (b)              He resided in the premises, but, is not employed there.

  (c)                            He is in the bar solely for the purpose of passing to or from some part of the premises which is not  a bar and to or from which there is no other convenient means of access of egress.

  (d)              The bar is in the premises constructed, fitted and intended to be used bona fide in any purpose to which the holding of the licence is ancillary.

  (e)              i.              He is in an area shown on the plan attached to this licence.

  ii.              Meals and non-alcoholic beverages are available for sale and consumption in that area.

  iii.              He is in the company of a person aged 18 or over.

  iv.              He is in there prior to 9pm

  v.              He may remain in the area of the premises specified during the first thirty minutes after the certificate has ceased for the consumption of refreshments.

   

  In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

   

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

   

  N/A