Warrington Borough CouncilLicensing Section

Pendergast's Steakhouse

15 Cairo Street, Warrington, Cheshire, WA1 1EE

Completed application 032943 which is a Internal Amendment (With Alcohol) for Premises Licence from 14/07/2008 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Supply of Alcohol

  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.  (a) 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.

   

  (b) 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 measure

   

  Door Supervision

  Only individuals licensed by the Security Industry Authority shall be used at the premises to guard against:

   

  ()       unauthorised access or occupation (e.g. through door supervision), or

  ()       outbreaks of disorder, or damage.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  THE PREVENTION OF CRIME & DISORDER

   

  CCTV

  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.

   

  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.

   

  Late night refreshment

  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.

   

  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.

   

  Door Supervisors

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

   

  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.

   

  Doors supervisor records may 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.

   

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

   

  Non alcoholic drinks

  Non Alcoholic beverages and water should be available at all times when the premises are open.

   

  Dispersal Policy

  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.

   

  Containers

  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.

   

  Seating

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

   

   

  THE PREVENTION OF PUBLIC NUISANCE

   

  Noise

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

   

  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.

   

  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.

   

  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.

   

  There shall be no use of the outside area.

   

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

   

  The Premise Licence holder or other nominated persons shall keep the area directly outside the premises in a clean and tidy manner.

   

   

  PUBLIC SAFETY

   

  Occupancy

  The maximum number of persons permitted to use the Premises at any one time shall not exceed for all purposes 160 persons or such lesser number of persons as the Premises can with ample safety accommodate, having regard to the nature of the regulated entertainment provided.

   

   

  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.

   

  Refusals

  All refusals of alcohol to persons under 18 years of age shall be entered into a log book by management and staff.

   

  All children under the age of 16 shall be accompanied by a responsible adult at all times while on the premises.

   

  A children’s policy shall be in place on the premises.

   

   

   

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

   

  N/A

   

   

Premises Plans

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