North Kesteven District CouncilLicensing Team

The Ivy

64 Southgate, SLEAFORD, Lincolnshire, NG34 7RL

Completed application 012781 which is a Cancellation/Surrender for Premises Licence from 08/04/2013 to 08/04/2013

Applicant(s)

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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 Personal Licence Holder shall be present at the premises from 2100hrs to close every Thursday, Friday and Saturday (and any day preceding a Bank Holiday)

   

  The maximum number of persons, including staff and performers, allowed in these premises shall be 100 on the ground floor and 100 on the first floor.

   

  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.

   

  Persons who are dancing in the premises in the defined area shall not continue to consume food or drink of any description, within that area.

   

  When the premises sells alcohol beyond midnight then there shall be a minimum of two door supervisors for up to the first 100 persons on the premises and one door supervisor per 50 thereafter.   These door supervisors will be on duty from 9pm to the close of the premises.

   

  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.

   

  Every Thursday, Friday and Saturday (and any day preceding a Bank Holiday) between 2100 hours and close of premises, all drinks shall be supplied in polycarbonate drinking vessels. Any drinks sold in bottles shall be decanted behind the bar into polycarbonate drinking vessels unless they are provided to the customer in plastic bottles.

   

  There shall be seating for 100 persons.

   

  No special effects equipment shall be used in the premises under the terms of the licence, unless approved by the Licensing Authority.  This includes equipment using heat source to introduce effects, ie pyrotechnics, generators and holographs.

   

  Applications for consent to use such special effect shall be made by the licensee in writing at least 28 days before the first performance of the entertainment and shall give full details of its proposed use, together with the date and time of any rehearsal.

   

  Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby premises.

   

  Persons who appear to be under the age of   21   years shall be required to produce proof of age by way of one of the following:

  -                  a recognised proof of age card accredited under the British Retail

                Consortiums Proof of Age Standards Scheme (PASS)

  -                  photo driving licence

  -                  passport

  -                  Citizen card supported by the Home Office

  -                  Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder

   

  Children under 18 are not allowed to sit or stand at the point of sale (the bar)

   

  Children under 18 are not permitted on the premises after 7pm.

   

  CCTV Conditions

  1.  Minimum of one high resolution, minimum of 450tvl 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 and the outside area used for the consumption of alcohol.

   

  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 public areas.

   

  4.  Lighting in the foyers and outside must be of sufficient brightness to complement the quality of the camera images. 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 as to provide a clear overview of the incident.

   

  5.  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.

   

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

   

  7.  CCTV warning signs shall be fitted in prominent positions in the public areas of the premises.

   

  8.  The Premises Licence Holder must provide a certified letter of compliance to the specification, a copy of which must be provided to the Licensing Authority and Lincolnshire Police before licensable activities commence.

   

  9.  The CCTV system shall be maintained and checked every twelve months, with the Premises Licence Holder producing a letter of compliance. The Premises Licence Holder must supply a test recording to the Police Area Licensing Department to ensure that the images provided meet the evidential standards.

   

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

   

  11. Recordings of incidents at the premises must be made secure for inspection by the police and provided immediately 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.

   

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

   

  13. In the event of a system malfunction, the Designated Premises Supervisor or Premises Licence Holder must immediately notify the Licensing Authority 01529 308042 and Police Licensing Department 01522 885260. Details of this malfunction must be recorded in the premises   incident book. Arrangements for its repair must be made without delay. The Licensing Authority and Police Licensing must be notified when the system is again operational.

   

  14. 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 either Windows 2000 Professional or Windows XP

  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.

   

   

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

   

   

  At the hearing on 9 November 2011

   

  The written drugs policy as agreed during the Review hearing on 9 November 2011 shall be adopted as the premises' drugs policy.

   

  Any new members of staff shall be trained on the premises drugs policy within 2 weeks of commencement of their employment.

   

  All members of staff shall undertake annual refresher training on the premises' drugs policy.

   

  The Designated Premises Supervisor shall be responsible for keeping and maintaining a written record of staff training on the premises' drugs policy detailing the following:

   

     Name of member of staff

     Name of 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 3 years from the date of completion.  The record shall be retained at the premises and made available to the police upon request.

   

  When the premises is open to the public the toilets shall be checked no less than every hour for drugs use and evidence of supply taking place.  A record shall be kept of the checks detailing the following:

   

     Name of member of staff

     Date and time of inspection

     Where, if any, illegal substances are found

     What, if any, evidence there is of supply or use

     Each entry shall be retained for a period of 12 months from the date of completion.  The record shall be retained at the premises and made available to the police upon request.

   

  All flat surfaces in the toilet areas will be coated so as not to facilitate the deposition of drug powders prior to inhalation.

   

  At the hearing on 2 May 2012

   

  Equipment generating amplified sound on the premises shall be permanently installed and connected to a sound limiting device capable of third octave band frequency adjustment.

   

  Any sound limiting device installed on the premises shall be located in a secure cabinet or equipment rack remote from the volume control. Keys or other mechanisms for securing any such secure cabinet or equipment rack 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 configured by a competent acoustic consultant in the presence of a representative of North Kesteven District Council to levels in third octave bands to be approved by North Kesteven District Council.

   

  Written confirmation of the third octave bands levels at which any sound limiting device has been set shall be submitted to North Kesteven District Council.

   

  Alteration[s] or modification[s] or addition[s] to any sound generating equipment or sound limiting device installed on the premises shall not be made without written consent from North Kesteven District Council.

   

  When live or recorded music is taking place in the first floor clubroom, all doors to the room will be kept closed whilst the activities are taking place, save for entry and exit to the room.

   

  The window to the galleried landing shall be kept closed while amplified music is being played in the clubroom.