Warrington Borough CouncilLicensing Section

L & B Mint Bar

Unit GF10, The Hive, Egypt Street, Warrington, Cheshire, WA1 1DY

Open application 074376 which is a Change of DPS for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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

   

   

  1.              THE PREVENTION OF CRIME & DISORDER

   

  CCTV

  a) The CCTV system should be designed and installed in accordance with Cheshire Constabulary’s CCTV guidance document called “ CCTV in Licensed Premises - an Operational Requirement”. 

   

  b) Any person employed to have operational responsibility for the premises, must be trained in the use of any such CCTV equipment. Those person(s) must, upon reasonable verbal request and as soon as practicable, make CCTV images

  available to be viewed on the premises by a Police Officer or other Authorised Officer. The Verbal request must be followed up within 24 hours of viewing footage with a formal written request to be submitted to the Premise Licence Holder.

   

  c) Any requests for hard copies of CCTV footage must be in writing to the Premises Licence Holder and footage will be supplied within 48 hours of the request being made.

   

  d) CCTV equipment 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.

   

  e) Where CCTV is recorded on to a hard drive system, when images or footage are recorded to a CD/DVD, USB stick or other storage media, the data will be produced in a format so that it can be played back on a standard PC.  The images

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

   

  Register of Refusals of Alcohol

  f) The Premises Licence Holder or the Designated Premises Supervisor shall ensure that a logbook (hard copy or electronic) shall be kept detailing any customer refused to be served alcohol including:

   

  i.              Date, Time & location of refusal;

  ii.              Reason for the refusal

  iii.              The name of the staff that made the refusal

   

  The register to be made available upon request by any Local Authority Officers or the Police.

   

  Authorised Persons

  g) A written or printed list of persons authorised under the DPS to sell alcohol shall be kept on site and made available for inspection at the request of the Local Authority or the Police. 

   

  Alcohol - Off Sales

  h) No alcohol shall be removed from the premises unless it has been re-corked or sealed before removal

   

  Incidents Log

  i) All instances of crime & disorder shall be kept in an incident logbook (paper back with consecutive numbered pages) detailing the date, time and nature of the incident. Incident logbook to be kept up to date and shared with members of Cheshire Constabulary upon request.

   

  Waiter/Waitress Service

  j) All sales of alcohol will be by waiter/waitress service only to those customers who are seated in the premises. 

   

  Town Centre Radio Scheme

  k) The premises will be an active member of the Town Centre Radio Scheme.

   

  Door supervision

  l) When there is an event being held at the premises or in the Town Centre the Premises Licence Holder or Designated Premises Supervisor shall conduct an assessment of the need for door supervisors, taking into account any advice offered by the Police.

   

  m) Where the assessment shows that door supervision is required, supervisors shall be

                engaged at such times and ratios as are assessed to be necessary.

   

  n) The risk assessment will be documented in a book kept for that purpose and will be made available to the police or an officer from the Licensing Authority upon reasonable request.

   

  o) When such Door supervision is employed:-

   

  A written record 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:-

   

  •              The door supervisor's name, date of birth, contact telephone number and home address;

  •              His/her Security Industry Authority licence number;

  •              The time and date he/she starts and finishes duty;

  •              The time of any breaks taken whilst on duty;

  •              Each entry shall be signed by the door supervisor.

  •              Record of all incidents taking place in the venue

   

  p) The register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority, or a Police Constable.

   

   

  2.  PUBLIC SAFETY

   

  None

   

  3. PREVENTION OF PUBLIC NUISANCE

   

  Noise 

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

   

  b) Prominent, clear and legible signs must be displayed at all exits and in key areas, requesting the public to respect the needs of the local residents and to leave the premises quickly and quietly.

   

  c) The PLH/DPS or their representative shall conduct regular assessments of the noise emanating from inside the premises and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents.

   

  d) A written record of those assessments and the remedial action taken shall be kept and shall include the date, time of checks and the name of the person carrying out the checks.

   

  e) Records shall be made available to Officer of the Council or Cheshire Constabulary upon written request.

   

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

   

   

  4.  THE PROTECTION OF CHILDREN FROM HARM

   

  Challenge 25

  a) A “Challenge 25” Policy shall be operated at the premises at all times. The only forms of ID that shall be accepted (at the discretion of the management) as proof of age are a valid passport, photographic driving licence, a PASS approved

  proof of age card or H.M. Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or other Responsible Authority). 

   

  b) Publicity materials notifying customers of the operation of the “Challenge 25! Scheme shall be displayed at the premises. 

   

  Training

  c) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. The programme shall be made available for inspection at the request of Local Authority Officers and the Police.

   

  d) The PLH or DPS shall conduct 6 monthly 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 shall be kept of the content of such

  reviews for each individual member of staff.

   

  e) Notices advising adults that it is an offence to purchase alcohol for persons under 18 years old shall be displayed. (Exception are those alcoholic drinks that can be legally purchased and consumed with a meal).

   

  CONDITIONS RE DELIVERY / INTERNET ORDERS

   

  •              Alcohol delivered to an address away from the licensed premises shall only be left with a person over the age of 18 years.

  •   The age of the purchaser is to be confirmed before the goods are handed over at the point of delivery

  •  Delivery drivers (or person making delivery) shall only accept, as proof of age, a valid passport, a valid photocard driving licence, a PASS approved card, HM Forces ID or other acceptable ID that has been approved by the Local Authority in the area where the alcohol is being delivered.

  •              A challenge 21 or 25 policy shall be operated by delivery drivers (or person making delivery).

  •  A written or digital record of refusals (to leave alcohol at given address) shall be kept on the delivery vehicle and maintained, recording the address, date, time and reason for the refusal.

  •  Alcohol may not be sold from the delivery vehicle.

   

  When the company uses a third-party courier to deliver alcohol the courier must provide an age verification service or check ID at the time of delivery. The courier must not allow minors to sign for or accept deliveries. The DPS or Premise Licence Holder shall, at the request of an authorised Officer of the Local Authority or Police, produce full details of the couriers used and the system they use to verify age.

   

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

   

  N/A

• ANNEXE 4 - PLAN OF THE PREMISES

   

  The plan of the premises forms part of the licence.

  Drawing  11

  Dated 2nd May, 2024

• ANNEXE 5 - PREMISES FIRST GRANTED

   

  26th June, 2024

   

   

Premises Plans

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