Warrington Borough CouncilLicensing Section

Pendergast's Steakhouse

15 Cairo Street, Warrington, Cheshire, WA1 1EE

Completed application 073151 which is a Internal Amendment (With Alcohol) for Premises Licence from 07/08/2024 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 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

• ANNEXE 1 - MANDATORY CONDITIONS

   

  MANDATORY CONDITIONS UNDER 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 must 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 -

  (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 in a manner which carries a significant risk of undermining a licensing objective;

  (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 in a manner which carries a significant risk of undermining a licensing objective;

  (d) 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;

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  Water

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

   

  Age Verification

  (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) 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 either -

                (a) a holographic mark, or

                (b) an ultraviolet feature.

   

  Measures

  The responsible person must 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;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  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;

  (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.

   

  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

   

  All persons employed at the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or entitled to carry out that activity by virtue of section 4 of that Act.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  THE PREVENTION OF CRIME & DISORDER

   

  1) The management and staff shall take all necessary steps to ensure that the premises remain free from crime and disorder. This will include: (1 and 1.2-1.9 Agreed by varitation on 18th June, 2024)

   

         An effective CCTV system shall be designed and installed in accordance with the Cheshire Constabulary's CCTV guidance document "CCTV in Licensed Premises - An Operational Requirement".  It shall also include a colour monitor not less that 21" screen size clearly visible to customers showing them as they enter.

         CCTV coverage shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.

         Cameras shall encompass all ingress and egress to the premises and all areas where the sale of alcohol occurs.

         Equipment shall be maintained in good working order and checked every 12 months

         The system shall record in real time and operate whilst the premises are open for licensable activities.

         The recordings shall be kept available for a minimum period of 28 days and handed to Police or Local Authority Officer on request.

         The Recording equipment shall be kept in a secure environment under the control of the Premises Licence Holder or other responsible named individual.

         Appropriate signage representative of the above shall be displayed in conspicuous positions.

         There shall be sufficient members of trained staff available to be able to download evidence with the minimum of delay at the request of the Police or Local Authority approved Officer

   

  1.1) Designated Supervisors shall need to demonstrated that their CCTV system complies with their operational requirements.  A commissioning test shall be carried out with the Licensing and CCTV Liaison Officers before hand over of the system and activation of the Premises Licence.  The commissioning test shall need to demonstrate the following:

   

         recordings are fit for their intended purpose

         good quality images are presented to the officer in a format that can be replayed on a standard computer

         the supervisor has an understanding of the equipment/training

         management records are kept

         maintenance agreements and records are maintained

         Data Protection principles and signage are in place

         there are enough staff trained to be able to operate the system and download images when required by a relevant person.

   

  1.2) Staffing levels shall be maintained appropriately to ensure adequate security.

   

  1.3) Staff shall be trained on all security issues including how to identify and refuse service to customers that are drunk, appear to be drunk or are suspected to be dependent drinkers

   

  1.4) Alcohol shall not be allowed to leave the premises or outside seating area in open bottles or containers.

   

  1.5) There shall be a policy of zero-tolerance to drugs at the premises

   

  1.6)              There shall be a written notice of ‘authority’ record for all staff who sell alcohol

   

  1.7) There shall be adequate training for staff and records kept for inspection and contact details of the Designated Premises Supervisor available to staff and to the authorities.

   

  1.8) The premises licence holder, DPS, management and staff shall constantly assess any risks to the licensing objectives. They shall  work in partnership with the authorities and local people alike in this respect. The staff shall  be properly equipped, trained and motivated in this task.

   

  1.9) There shall be no self service of alcohol by customers.

   

   

  2)   Table meals, shall be provided until 22:00, after which light snacks shall be available until at least 1 hour prior to the premises closing. Light snacks do not have to be available when the premises have been hired for private functions.

   

  3) The Premises Licence holder or their representative shall participate in the town centre radio scheme.

   

  4) Where any Door Supervisors are used at the premises they shall be registered with the Security Industry Authority.

   

  5) 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.

   

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

   

  7) 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.

   

  8) Doors supervisor records shall be kept as a paper record (as under the existing conditions) or as an electronic record provided that the standard of security and access remains the same or better. Such records (paper or electronic) shall be kept for a minimum of 2 years.

   

  9) The Premises Licence Holder shall keep a log of all incidents that occur on the Premises.

   

  10) Non Alcoholic beverages shall be available at all times when the premises are open.

   

  11) The Premises Licence holder shall put in place a dispersal policy which shall be to the satisfaction of Cheshire Constabulary.  The Premises Licence holder or Designated Premises Supervisor shall then ensure that this policy is complied with at all times when the premises are open for licensable activities.

   

  12) The designated premises supervisor or premise licence holder shall ensure, in relation to pint or half pint glasses only, that no drinks shall be sold from a bar or by staff service or otherwise which are to be consumed on the premises, other

                than in a container made from non-splintering plastic or shatterproof glass.

   

  13) Seating shall be provided for a minimum of 60% of the maximum agreed capacity (100 seats)

   

  14)              Only alcohol that is in a sealed container may be removed from the premises, with the exception of alcohol for consumption in any outside area that forms part of the premises. ( 14 agreed by variation on 18th June, 2024)

   

   

  PUBLIC SAFETY

   

  15.  The management and staff shall have an effective policy to maintain a safe venue for customers and staff. Any risk to safety will be assessed before the premises are opened to the public each day and throughout the hours of operation.

   

  16.              The DPS shall liaise with the authorities to ensure that all aspects of public safety are adhered to. The policy shall include:-

  Ensuring that the entrance, outside area and any walkways within the premises are kept free from obstruction

  Appropriate fire fighting equipment being installed and maintained at the premises and staff trained in its use.

  Fire risk assessments being undertaken and acted upon in accordance with current recommendations and requirements.

  Effective lighting maintained and operated to ensure the safety of the public and staff. (15-16 agreed by variation on 18th June, 2024)

   

   

  THE PREVENTION OF PUBLIC NUISANCE

   

  17. The DPS and staff are mindful of the need to reduce the impact of any nuisance caused by the operation of the premises and shall constantly assess the risk of public nuisance and take immediate steps to eliminate the problem.

                Staff shall ensure:-

   

                           The premises and public areas nearby are kept free from litter associated with the operation of the business.

                           Any noise, vibrations, smells, light pollution and any other potential nuisance shall be monitored and kept to an acceptable level.

                           Notices shall be appropriately displayed asking customers to be considerate of local residents and businesses and to dispose of waste responsibly when they leave the premises.

                           Deliveries to and waste removal from the site shall be undertaken at a time and in a manner that does not cause disturbance.

                           Notices shall be placed to asked the customers to leave the premises quietly.

                           The emptying of bins into skips, the removal of refuse from the building, and refuse collections shall not take place between 23:00 and 07:00.

             Supplier deliveries shall not take place between 23:00 and 07:00. (17 agreed by variation on 18th June, 2024)

   

  18) All doors and windows shall be kept closed (except to allow ingress and exit) when any amplified or unamplified music or voices are being played within the premises.

   

  19) 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.

   

  20) The premises shall be fitted with a noise-limiting device.  The activation level of this device must be set and sealed by an officer of the Local Authority before commencement of any live or recorded music within the premises.  when live or recorded music is played within the premises, the noise-limiting device must be used at all times.

   

  21) 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.

   

  22) No external speakers shall be used outside the building.

   

  23) There shall be no use of the outside area.

   

   

  PROTECTION OF CHILDREN FROM HARM

   

  24. A “Challenge 25” policy shall be operated at the premises at all times. Persons who appear to be under the age of 25 years shall be required to produce proof of age . The only forms of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or an Officer of the Local Authority) Publicity materials notifying customers of the operation of the “Challenge 25” scheme shall be displayed at the premises.

   

  25. The Designated Premises Supervisor or Premises Licence Holder shall operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which shall be made available for inspection by Local Authority Officers and the Police. The DPS or other responsible person shall check and sign the register once a week. Alternatively an electronic point of sale refusals log shall be kept and made available on request to Police and Local Authority Officers. All refusals of alcohol to persons under 18 years of age shall be entered into a log book by management and staff.

   

  26. A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. A written record for each member of staff shall be kept of the content of such training and shall be made available for nspection at the request of Local Authority Officers and Police.

   

  27. The DPS or Premises Licence Holder shall conduct annual training reviews with all members of staff authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record for each member of staff shall be kept of the content of such reviews and shall be made available for inspection at the request of Local Authority Officers and Police. All new staff will have training.

   

  28. A list of persons authorised to sell alcohol shall be kept on site and made available for inspection at the request of Local Authority Officers and Police.

   

  29. Young people under the age of 18 shall not be permitted to remain of the premise without adult supervision after 10.00 p.m. unless attending a pre-booked private function. All children under the age of 16 shall be accompanied by a responsible adult at all times while on the premises. A diary of privately booked functions shall be kept and shall be made available for inspection at the request of Local Authority Officers and Police.

   

  30. Notices advising adults that it is an offence to purchase alcohol on behalf of under 18 year olds shall be prominently displayed in the licensed area. (In relation to condition No.8 this does not include those alcoholic drinks permitted for consumption by 16 and 17 year olds).

   

  31.              A children’s policy shall be in place on the premises.(parts of 24, 25 and 29 agreed by variation on 18th June, 2024)

   

   

   

   

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

   

  None.

   

   

• ANNEXE 4 - PLAN OF THE PREMISES

   

  The plan of the premises forms part of the licence.

  Drawing number 0557/001 dated 9th June 2005.

   

• ANNEXE 5 - DATE LICENCE FIRST GRANTED

  24th February 2006.

   

Premises Plans

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