The Den at Four Acres

OS NY 2235055451, Kirkbride

Completed application 036625 which is a New Application for Premises Licence from 15/02/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• 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 AGREED WITH ENVIRONMENTAL HEALTH ON 15/02/2023

   

   

  1              A noise assessment by a suitably qualified individual will need to be undertaken and submitted identifying appropriate noise levels and mitigation to include noise from generating equipment on site.

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1              The venue will be for max. 220 guests.

   

  2              The premises will also do a bar upon request.

   

  3              There shall be no gaming machines, adult entertainment or films shown for restricted age groups. 

   

  4              The licensee shall ensure that, at all times when the premises are for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder. The Licensee shall ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol and regular training will take place to ensure the licensing objectives are met. This includes the licensees and any staff employed at the premises.

   

  5              All outside suppliers must provide evidence of public liability insurance and will not be allowed on site until this is provided. When external suppliers are hired in the licensee will ensure the correct licensing and insurance have been obtained e.g. public liability insurance and Temporary Event Notices.

   

  6              Any incidents of a criminal nature will be reported to the police.

   

  7              CCTV cameras are installed when the marquee structure is up and covers the whole inside area of the marquee and the entrance with extra cameras installed in the car park.

   

  8               Security lighting shall be provided in the car park.

   

  9              Where deemed necessary security will be hired for the event.

   

  10              Appropriate fire safety procedures shall be in place, including fire extinguishers and fire blankets. Fire exits shall be clearly marked.

   

  11              All exits of the marquee shall always be kept clear from obstructions.

   

  12              All appliances shall be inspected or replaced annually.

   

  13              Health and safety risk assessments shall be carried out before each event and fire and electrical risk assessments will be carried out annually.

   

  14              All customers shall be asked to leave the site in a quiet and orderly manner.

   

  15              There shall be notices in car park field advising customers to leave quietly and respect neighbours.  A traffic marshal shall be present when vehicles are arriving and leaving the premises.

   

  16              Amplified music shall be monitored throughout each event, the hirer will sign and agree to the standard terms and conditions.  The hirer shall agree to terms and conditions which specify no amplified music shall be played above 90dB and amplified music must be turned off by midnight.

   

  17              Music levels shall be monitored by the license holder or representative at the boundary of the site and various points nearby, including the nearest built-up areas to ensure that steps are taken to avoid disturbances to nearby residents.  The results of this monitoring shall be recorded, including the time, date, location, and name of person monitoring.

   

  18              Large rubbish containers shall be placed around the site. The license holder will ensure that all rubbish is taken away.

   

  19              The licensee and staff will ask persons who appear to be under the age of 25 for photographic ID such as proof of age cards, photographic driving license or passport and all staff will receive training on the 25+.

   

  20              All persons under the age of 18 shall be supervised by an adult.

   

  21              The venue shall only be open to the customers and their invited guests.

   

  22              The car park shall be in a field adjacent to the field where the marquee is.  The gate shall closable to make it a fully enclosed area.