Hedi's Bar and Kitchen

44 Finkle Street, Workington, CUMBRIA, CA14 2BB

Completed application 028215 which is a Change of Supervisor for Premises Licence from 16/02/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  Mandatory conditions where licence authorises the supply of alcohol

   

  1.               No supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence; or

   

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

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

   

  Mandatory Condition where the licence authorises the exhibition of films

   

  (a)               Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.

   

  (b)               Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.

   

  (c)               Where -

   

  (i)                   the film classification body is not specified in the licence; or

   

  (ii)              the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (d)               In this section -

   

                              “children” means persons aged under 18; and

   

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Mandatory condition where Door Supervisors are provided

   

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

  1.               (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).

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

  3.                (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.

  4.                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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  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(6);

  (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)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).

   

  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.

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              Staff will be trained to the standards required by relevant legislation.Removed by minor variation, 14th February 2016

   

  2.              The premises will be constructed in accordance with the enclosed supporting proposed plans or in the case of alterations to that drawing, any further drawings served on the responsible authorities prior to the opening of the premises.Removed by minor variation, 14th February 2016

   

  3.              CCTV shall be installed at the premises in consultation with the police.Removed by minor variation, 14th February 2016

   

  4.              CCTV recordings will be stored for a minimum period of time as agreed with the Police and during this period, made available to an authorised officer of the Licensing Authority or Police on request.Removed by minor variation, 14th February 2016

   

  5.              The requirement for door supervisors will be determined by a management risk assessment.

   

  6.              Toughened glass will be used at the premises where available.

   

  7.              Drinks promotions will not be permitted allowing unlimited supply of alcohol for a set price.

   

  8.              The premises licence holder shall take reasonable steps to ensure a representative shall participate in a Pub Watch scheme or similar scheme where available.

   

  9.              The company operates a policy of zero tolerance with regards to drugs.

   

  10.              The supporting proposed plans incorporate the means of escape, fire detection, fire fighting equipment and emergency lighting.Removed by minor variation, 14th February 2016

   

  11.              The premises will be risk assessed from time to time in accordance with relevant legislation.Removed by minor variation, 14th February 2016

   

  12.              The premises will be constructed and operated in accordance with Health and Safety and related legislation in order to ensure the safety of customers and staff.Removed by minor variation, 14th February 2016

   

  13.              Notices asking patrons to leave quietly shall be displayed at the premises.Removed by minor variation, 14th February 2016

   

  14.              Appropriate steps by management of the premises will be taken to ensure no under age sales will occur.Removed by minor variation, 14th February 2016

   

  15.              Persons under the age of 16 will only be permitted entry to the premises when trading if accompanied by an adult.

   

   

  ADDITIONAL CONDITIONS CONSISTENT WITH OPERATING SCHEDULE BY MINOR VARIATION ON 14 FEBRUARY 2016

   

  16.              CCTV system installed and in operation 24 hours, 7 days a week, covering all internal public areas including front entrance/exit doors, the beer garden and smoking area, to record and retain images for 28 days. Images must be supplied to any responsible authority on request e.g., Police, Fire Service or Local Authority.

   

  17.              At least 2 members of staff must be trained and able to operate CCTV system in order to deal efficiently with any CCTV requests from any responsible authority

   

  18.              Challenge 25 policy adopted, used by staff and signs displayed around the premises to inform customers

   

  19.              An incident book will be kept on site at all times and will be used by staff on duty at the time, to record any incidents of crime and disorder and challenges under the Challenge 25 scheme

   

  20.              Notices must be displayed on the premises requesting members and guests be mindful of their conduct, to keep noise levels to a minimum and have respect for residents when leaving the premises

   

  21.              Any OFF sales of alcohol must be in sealed containers. No Open vessels, Open Containers, Open bottles or Open units of any kind, containing alcohol, to leave the premises. Notices must be displayed at front entrance/exit doors to inform customers

   

  22.              Staff training to continue to be undertaken and in particular to focus on; 

   

  on the effects of alcohol and how to spot early signs of customers becoming drunk

   

  to enable staff to recognise when to stop serving customers deemed drunk

   

  Obtain and introduce a drugs policy for staff to adhere to in relation to drugs issues including details of how staff should contact the police

   

  A duty of care policy regarding persons suffering adversely from the effects of alcohol to be implemented

   

  23.              There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public notices pointing out the needs of local residents and the need to leave the premises and the area quiet

   

  24.              There shall be no emission from the premises of any odour which is likely to cause a nuisance to nearby premises