Papa's Fish Restaurant & Takeaway

68 School Brow, Warrington, Cheshire, WA1 2TA

Completed application 031358 which is a Change of DPS for Premises Licence from 30/11/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• the sale by retail 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).

   

  1        Permitted Hours

  Alcohol shall not be sold or supplied except during the times this licence authorises the carrying out of licensable activities.

   

  The above restrictions do not prohibit:

   

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

  ()                   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.

   

  2.   Children in Bars

  No person under fourteen shall be in the bar of the premises during the permitted hours (set out in condition 1 above) unless one of the following applies:

   

  (1)               He is the child of the holder of the premises licence

  (2)               He resides in the premises, but is not employed there

  (3)               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 or egress

  (4)   The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  In the 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.

   

   

  B)  MANDATORY CONDITIONS UNDER THE LICENSING ACT 2003

   

  That 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 premise supervisor does not hold a personal licence or his personal licence is suspended.

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

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  PREVENTION OF CRIME & DISORDER

   

  Drugs Policy

  The Premises Licence holder shall put in place a drugs policy for the premises.  The Premises Licence holder or other nominated person shall then ensure that this drugs policy is complied with at all times when the premises are open to the public.

   

  Pubwatch

  The premises licence holder or the Designated Premises Supervisor shall be an active member of the local pubwatch and radio watch scheme.

   

  Door Supervisors

  A)  When Door Supervisors are employed the number shall be determined by the DPS following a full risk assessment for the premises and shall be assessed on a dynamic basis. A copy of the assessment shall be made available to the Police and Council Licensing officers on demand.

  B) A written record in the form of a hard-backed, bound register with consecutively numbered pages shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a Door Supervisor in a register kept for that purpose. That record shall contain the following details:

   

  (i) The Door Supervisors name, date of birth and home address;

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

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

  (iv) The time of any breaks taken whilst on duty;

  (v) Each entry shall be signed by the Door Supervisor.

  The register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a police constable.

   

  All Door Supervisors are to wear yellow or orange conspicuity waistcoat or jacket to the standard (or better) provided by the local Crime and Disorder Partnership.

   

  CCTV

  A) An effective CCTV system should be designed and installed in accordance with the Cheshire Constabulary's CCTV guidance document calls 'CCTV in Licensed Premises - an Operational Requirement'. It must also include a colour monitor not less than 24'' screen size clearly visible to customers showing them as they enter.

   

  B) Designated Premises Supervisors will need to demonstrate that their CCTV system complies with their operational requirements. A commissioning test must be carried out with the Licensing and CCTV Liaison Officers before completion and handover of the system. The commissioning test will need to demonstrate the following:

   

  1) Recordings are fit for their intended purpose,

  2) Good quality images are presented to the officer in a format that can be replayed on a standard computer,

  3) The supervisor has an understanding of the equipment/training,

  4) Management records are kept,

  5) Maintenance agreements and records are maintained,

  6) Data Protection principles and signage are in place.

   

  Containers

  A) There shall be provided at the premises sufficient numbers of bottle bins of a type with 'non-returnable' aperture, as to prevent empty bottles being deposited around the interior of the venue. At least one such bin should be located at each point of exit from the premises. The Designated Premises Supervisor or nominated member of staff shall ensure that all unattended empty bottles are disposed of into these bins and that, when full, they are emptied and the contents taken to an area to which the public has no access.

  B) No person in possession of a drink in a sealed container shall be allowed to enter the premises except for the purpose of delivery.

  C) Pint and half pint glasses shall be made from toughened glass or polycarbonate.

  D) No drink shall be removed from the premises in an unsealed container.

   

  Capacity Limits

  A) At all times when the premises are used for the purpose of the Licence or Club Premises Certificate, the Licence Holder, a Club Official, Manager or Designated Premises Supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall, if requested to do so, give that information to an authorised person.

   

   

   

  PUBLIC SAFETY

   

  Drivers Shelf - Soft Drinks

  Suitable non alcoholic beverages including drinking water, shall be equally available for consumption on the premises with or without food.

   

   

  PREVENTION OF PUBLIC NUISANCE

   

  Noise

  No nuisance shall be caused by noise or vibration coming from or transmitted through the structure of the buildings. This shall include any external plant or equipment attached to the premises or within the curtilage of the premises.

   

  No external speakers shall be used outside the building; this shall include any beer gardens or outside drinking area or car park.

   

  The use of any outside drinking /seating area shall cease at 23.00 Monday - Saturday and at 22.30 on Sunday.

   

  All doors and windows shall be kept closed after 23.00 Monday - Saturday and 22.30 on Sunday when any amplified or unamplified music or voices are being played within the premises.

   

  The Premise 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 shall 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 customers [or members and their guests] notices requiring customers to leave the premises quickly and quietly. This condition also extends to car parks where car radios and members of the public may cause disturbance to local residents.

   

  Refuse bottles shall not be removed from the building for disposal between the hours of 23.00 and 07.00.

   

   

  PROTECTION OF CHILDREN FROM HARM

   

  Children

  Children shall only be allowed onto the premises when accompanied by an adult.

  All children shall vacate the premises by 20.00.

   

  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

   

  N/A