Harveys

101 London Road, Stockton Heath, Warrington, Cheshire, WA4 6LG

Completed application 032831 which is a Internal Amendment (With Alcohol) for Premises Licence from 07/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• the supply of alcohol
• any playing of recorded music

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

   

  Justices Licence Conditions

  1        Alcohol shall not be sold or supplied in the unshaded part of the premises as detailed on the deposited plan otherwise to persons taking table meals there for consumption by such person as an ancillary to his or her meal.

  2        Suitable Beverages other than alcohol (including drinking water) shall be equally available for consumption in the unshaded part of the premises as detailed on the deposited plan with or otherwise as an ancillary to meals served in the licensed premises.

   

   

  C)    MANDATORY CONDITIONS UNDER THE LICENSING ACT 2003

   

  1.  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.

   

  2. (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.

   

  3. 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).

   

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

   

  5. (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.

   

  6. 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

   

  PREVENTION OF CRIME & DISORDER

   

  'Challenge 21'

  The Applicant shall operate a policy of challenging all persons purchasing alcohol who appear to be under 21 years of age.

  Door Supervisors

  When door supervisors are employed there shall be a hard backed daily register recording the door supervisors booking on and off duty including name and SIA badge number, time on and time off and any times they are not on duty in between.
  Door supervisors must wear a hi-vis waistcoat or jacket in orange or yellow bearing the legend “Security” on the front and rear whilst on duty.
  There shall be a nominal register recording the name, Date of Birth, address, contact telephone number and SIA badge number, and where they are employed via an agency the details of that agency.
  These documents shall be made available to the police on request at all reasonable times.
   

  Alcohol
  In the non-shaded area of the plan (marked 'dining area') the supply of alcohol shall be ancillary to the provision of a table meal.

  Any person who appears to be intoxicated shall not be served and shall be asked to leave. Persistent offenders shall be barred from the premises.

   

   

  PREVENTION OF PUBLIC NUISANCE

   

  Noise

  All doors and windows must be kept closed when any amplified or unamplified must or voices are being played within the premises.

   

  The Premises Licence Holder of 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.  This condition also extends to car parks where car radios and members of the public may cause disturbance to local residents.

   

  No external speakers shall be used outside the building (including within beer gardens or outside drinking area or car park) at a level, which would cause disturbance to the nearest noise sensitive dwelling. External speakers must not be used after 22.00hrs.

   

   

  PROTECTION OF CHILDREN FROM HARM

   

  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

   

  Children

  Children shall only be admitted to the premises if accompanied by an adult.

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

   

  N/A