Reef (The)

96-98 Bridge St, Warrington, Cheshire, WA1 2RF

Completed application 039382 which is a Change of DPS for Premises Licence from 15/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  A)              CONDITIONS REPRODUCING THE EFFECT OF RESTRICTIONS IMPOSED ON THE USE OF THE PREMISES FOR THE EXISTING LICENSABLE ACTIVITIES (PARAGRAPH 6(8) OF SCHEDULE 8 TO THE LICENSING ACT 2003).

   

  Permitted Hours

  Alcohol shall not be sold or supplied except during permitted hours.

   

  The above restrictions do not prohibit:

   

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

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

  ()                    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;

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

  ()                    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

  ()                    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 alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

   

  B)              CONDITIONS REPRODUCING THE EFFECT OF CONDITIONS SUBJECT TO WHICH THE RELEVANT EXISTING LICENCE HAD EFFECT (PARAGRAPH 6(6) OF SCHEDULE 8 TO THE LICENSING ACT 2003).

   

  1        Public Entertainment Licence - Permitted numbers

  The maximum number of persons permitted to use the Premises at any one time shall not exceed for all purposes 250 persons or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.

   

   

  )                      MANDATORY CONDITIONS IMPOSED BY THE LICENSING ACT 2003

   

  Supply of Alcohol

  No supply of alcohol may be made under the premises licence:

  ()       at a time when there is no designated premises supervisor in respect of the premises licence, or

  ()       at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Drinks Promotions

  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.

   

  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).

   

  Free Tap Water

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

   

  Age Verification

  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.

   

  Measures

  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.

   

  Permitted Price

  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 (6);

  (b) “permitted price” is the price found by applying the formula -

  P = D + (D x V)

  where -

  (i)   P is the permitted price

  (ii)  D is the rate 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

  (iii) 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-

  (i)   the holder of the premises licence

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

  (iii) 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(7).

   

  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.

   

  Door Supervision

  Individuals employed at the premises to undertake a security activity must be licensed by the Security Industry Authority.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  PREVENTION OF CRIME & DISORDER

   

  Search, Drugs & Weapons Policies

  The Premises Licence holder shall put in place a written search policy to cover both drugs and weapons for the premises which shall be to the satisfaction of Cheshire Constabulary.  The Premises Licence holder or Designated Premises Supervisor shall then ensure that this drugs policy is complied with at all times when the premises are open for licensable activities.

   

  Dispersal Policy

  Last admittance is thirty minutes before closing time.  Last orders will be called fifteen minutes before closing time, which will be announced by the DJ.  Music volume and tempo will be lowered from last orders and house lighting shall also be lifted.

   

  Once the music has finished and the bar closed, customers will be given a further fifteen minutes to finish their drinks at their own pace without being rushed to leave.  Tap water is still available during the fifteen minute drinking up period.

   

  After the fifteen minute drinking up period, two members of door staff will usher any customers away from outside the front of the premises, advising them to go home.  The door staff will ensure that any lone male or female customers have friends within the area and will be advised they can get a taxi.  In certain circumstances, lone male or female customers will be walked to the taxis by the door staff.

   

  One member of bar staff will stand on the front door with one member of bar staff asking customers who are leaving to do so quickly and quietly ensuring that no alcohol is being taken off the premises.  Bottled water will be given to customers who request it.

   

  One member of the door staff will begin to ask customers to leave starting at the rear of the venue making their way towards to front doors.

   

  If necessary, customers will be searched on the way out of the premises by the door staff.

   

  Pubwatch/Radio Scheme

  The Premises Licence holder or their representative shall be an active member of the local pubwatch scheme and participate in the pubwatch radio scheme

   

  CCTV

  Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer’s instructions and shall be operational at all times when a licensable activity takes place on the premises.

   

  CCTV to comply with the Cheshire Constabulary operational guidelines for CCTV. 

   

  CCTV images to be made available on request for crime prevention/detection purposes. 

   

  The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days.

   

  Door Supervisors

  Where any person is employed on or about the Premises as a Door Supervisor the Premises Licence holder shall maintain a register in a form approved by the Licensing Authority showing in respect of each period of duty of that person:-

   

                       the name, date of birth, badge or licence number and residential address of that person;

                       the time at which he commenced the period of duty, with a signed acknowledgement by that person;

                       the time at which he finished the period of duty, with a signed acknowledgement by that person;

                       any time during the period of duty when he was not on duty; and

                       if that person is not an employee of the Premises Licence Holder, the name of the person by whom that person is employed, or through whom the services of that person were engaged.

   

  The register shall be of hardback construction with consecutive numbered pages.

   

  The register shall be kept on the Premises at all times and shall be available for inspection by an authorised officer of the Licensing Authority or a Police Officer.

   

  The Premises Licence holder shall keep a log of all incidents that occur on the Premises.

   

  Door Supervisors will be required to wear reflective waistcoats to the approved standard - to be a specified colour, with approved lettering 'security' front and rear and a clear plastic pocket to display the SIA badge securely in a prominent position. 

   

  Waste Receptacles

  The Premises Licence holder or Designated Premises Supervisor shall install within the public areas of the premises, a sufficient number of receptacles for the safe disposal of glass bottles by customers and staff.  These receptacles shall be maintained in good order and emptied on a regular basis.

   

   

  PUBLIC SAFETY

   

  Open Containers

  No open containers to leave the premises.

   

  Staff Patrols

  Staff members will conduct regular walkthroughs to monitor all areas to ensure that no problems arise. 

   

  Staff will regularly remove bottles, glasses and remove any breakages immediately to reduce risk of injury. 

   

   

  PREVENTION OF PUBLIC NUISANCE

   

  Noise

  The Premises Licence holder or their representative shall conduct regular assessments of the noise coming from the premises and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents.  A written record of those assessments and the remedial action taken shall be kept and will include the date, time of the checks and the name of the person carrying out the checks.  Details of the remedial action will also be recorded.

   

  There shall be placed at all exits of the premises in a place where they can be seen and easily read by the public (or members and their guests) notices requiring customers to leave the premises quickly and quietly.

   

  All music to be reduced to low background music 30 minutes before close.

   

  Noise Limiting Device

  All music generated at the Premises shall be controlled by the use of electronic noise limiting devise.

   

   

  PROTECTION OF CHILDREN FROM HARM

   

  Children under 18

  Children under the age of 18 years shall only be permitted on the premises up until 6pm

   

  Proof of Age Schemes - Challenge 21

  There shall be in place for the premises a written policy that employees challenge all persons purchasing alcohol who appear to be under 21 years of age.  That policy shall require any person who appears to be under the age of 21 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.

   

  Persons who appear to be under the age of 21 years shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.

   

   

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

   

  1.              A personal licence holder will be on the premises at all times that alcohol is being sold.

   

  2.              The premises licence holder will observe the dispersal policy on Friday and Saturday, (a revised dispersal policy will be attached to the premises licence), subject to amendments being made to it from time to time in agreement with Cheshire Constabulary.

   

  3.              On a Friday night there will be a minimum of two supervisors starting work at 21:30 with a third and fourth starting work at 03:00.

   

  4.              On a Saturday night there will be a minimum of two door supervisors starting work at 21:30, an additional door supervisor at 22:30, and a fourth and fifth door supervisor at 03:00.

   

  5.              On a Friday and Saturday night, one member of door staff who is positioned at the entrance door to the premises, shall wear a body cam.  The member of door staff will use reasonable endeavours to attend any incident when the body cam will be switched on and will be used to record the incident, the footage shall be kept for 28 days and made available to Cheshire Constabulary upon request.

   

  6.              The premises licence holder will only serve alcohol in open containers which are made of a polycarbonate material, other than wine, cocktail and champagne glasses which can be served in glassware.

   

  7.              All staff will be trained to ensure that they observe the “Challenge “21” policy and that they refuse to sell alcohol to persons who are intoxicated or to persons buying for people who are intoxicated.  This training will be completed prior to the member of staff being authorised to sell any alcohol by the premises licence holder and will be repeated every 6 months, and records of the training will be kept at the premise and made available for any of the Responsible Authorities upon request.