West Lindsey District CouncilLicensing

Riverside Social Venue

16-18 Bridge Street, Gainsborough, Lincolnshire, DN21 2AE

Completed application 015383 which is a New Application for Premises Licence from 17/10/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• 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
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Mandatory Conditions Supply of alcohol (Licenced Premises)

   

  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.

               

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

   

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

   

  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. 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 supplied 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.

   

  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).

   

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

   

  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. 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.

   

  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

  iv)             

  b)              customers are made aware of the availability of these measures.

   

  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'.

  'Permitted price' is the price found by applying the formula P = D + (DxV)

  (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.

   

  Admission of children to the exhibition of any film must be in accordance with the recommendations of the British Board of Film Classification for that film. Where permission has been given by the Licensing Authority to show a film not classified by the British Board of Film Classification, the requirements made by the Licensing Authority for the admission of children to the exhibition of that film must be followed.

   

   

• CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  New Years Eve opening: from the start of permitted hours on New Years Eve to the end of permitted hours New Years Day.

   

  ·              There shall be no promotions on the sale or supply of alcohol at the premises that include any multiple promotions i.e. offering discounted drinks relative to the quantity purchased (for example, but not limited to, 2 for 1 deals and the like).

  ·              Any alcoholic vessels leaving the premises will be closed.  No open vessels will be allowed to leave the premises

  ·              All licensable activities taking part on the premises shall be either organised directly by the premises licence holder or if by a third party organiser, then with prior agreement with the premises licence holder.

  ·              Details of any licensable activities organised by a third party shall be recorded on a booking form and logged by the premises licence holder.

  ·              No third party booking shall take place until:

  a)              The third party organiser(s) has submitted proof of their public liability insurance;

  b)              A risk assessment has been submitted for the event; and

  c)              The risk assessment has been reviewed by competent person at the licensed premises.

  ·              All risk assessments submitted by third party event organisers shall be reviewed by the premises licence holder to determine:

  a)              Whether the level of risk in enforcing the licensing objectives requires the support of SIA approved personnel and/or stewards; and

  b)              If so, in what numbers.

  ·              Any bar provided shall be staffed by employees of the site.  All staff will be given training in their responsibilities linked to the licensing objectives, led by the Designated Premises Supervisor or any Personal Licence Holder designated on their behalf.

  The following conditions shall also apply when a boxing, wrestling or similar event is held on the premises:

  a) Where it is intended or can be reasonably expected that more than 500 persons will attend the event, the Premises Licence Holder shall;

  i.              Notify Lincoln Police Licensing Department and Lincoln Police Events Planning Officer of the event at least 28 days prior to the event date.

  ii.              Comply with all advice, guidance and timescales given by any Safety Advisory Group for each particular event.

  b) Where it is intended or can reasonably be expected that less than 500 persons will attend the event, the Premises Licence Holder shall;

  i.              Provide a finely detailed risk assessment and operating schedule for such events, addressing each of the four licensing objectives.

  ii.              Notify Lincoln Police Licensing Department of the event at least 28 days prior to the event date.

  iii.              Any responsible authority as defined under the Licensing Act 2003 shall have the absolute right to order the cancellation of the event if it is considered, on reasonable grounds, that any one or more of the licensing objectives shall be put at risk if the event was to proceed.

  c)  A registered Medical Practitioner shall be present at any sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.  (To remove any doubt, this condition shall not apply to sparring or practice not done before an audience.)

  d)  Where the entertainment requires the provision of a ring, the Premises Licence Holder shall ensure that:

  i.              the ring is installed by a competent person;

  ii.              it is properly constructed and supported; and

  iii.              all materials used in its construction are non-combustible.

  e) The Premises Licence Holder shall obtain a certificate from that competent person that the ring has been correctly constructed is fit for use and is constructed of non-combustible material and shall produce that certificate, if required to do so to, an Authorised Officer of the Council or Lincolnshire Fire and Rescue Service.

  f) There shall be provided at the premises door supervisors to such a number as the Premises Licence Holder considers sufficient to control the entry or persons to the premises and for the keeping of order in the premises when they are used for the activity;

  i.              Door supervisors shall keep an accurate record of numbers in attendance, including separate numbers for individual rooms and / or levels.

  ii.              Door supervisors shall control any queue to ensure that customers are advised of the amount of time they are going to have to wait to gain entry and to prevent any customers who have behaved in such a way as to cause a public nuisance or disturbance from entering the premises.

  iii.              Door supervisors shall remain outside the premises until the last customer have left the premises.

  iv.              No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.

  v.              No drink shall be removed from the premises in an unsealed container.

  g)  Only polycarbonate, non-splintering plastic or paper drinking vessels shall be used to serve alcoholic and non-alcoholic drink during this type of event.

  h)  No drink shall be sold in either glass bottles or in any other vessel or container made of glass. Any drink shall be either served in a bottle, which is not made from glass or alternatively will be decanted into a container or vessel made from non-splintering plastic, polycarbonate or paper before being given to the customer at this type of event.

  i) With regard to wrestling or other entertainments of a similar nature no member of the public shall be allowed to be seated or to enter an area within 2.5 metres of the outermost edge of the playing area of the sport.

  In regards to indoor sporting events, boxing and wrestling

  a)              No person shall sit on any floor within the premises. (Exceptions to this requirement may be written into the condition).

  b) No standing or waiting shall be permitted in (any area) or (except in the following areas*).  (*Specify the area(s), if any, in which standing or waiting is permitted.)

  In no circumstances shall any person be allowed to: -

  (i)              sit in any gangway;

  (ii)              stand or sit in front of any exit; or

  (iii)              stand or sit on any staircase including any landing.

  c) Where the audience in any floor, tier or auditorium consists mainly of unaccompanied persons under 16 years of age there shall be in attendance the number of adult attendants as set out in the table below and those attendants shall be instructed as to their essential responsibilities in the event of a fire or other emergency and account shall be taken of the attendance of disabled persons and children.  Details of such instructions shall be recorded in a logbook kept for that purpose.

  d) Minimum number of attendants on duty on the premises (or in any auditorium, or on any floor or tier), 1.  Plus one additional attendant for each additional 50 or part of 50 members of the audience present (Note it may also be necessary to include a requirement for an attendant to be in the vicinity of the exit(s) from the premises, floor, auditorium etc.)

  In regards to children

  ·              Children under 16 years shall not be permitted to remain seated or standing at any bar, counter or servery, apart from at the soft drinks serving area.

  ·              Children under 16 years of age will be supervised at all times whilst on the premises by an accompanying responsible adult.

  In regards to teenage functions

  ·              All guests shall be admitted to the venue by written invitation only. A copy of the invitation and guest list to be provided to the DPS prior to the event in order to allow for monitoring of guests

  ·              There shall be provided at the premises door supervisors to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for the provision of a licensable activity.

  In regards to dancing

  ·              A defined area shall be provided for dancing, performances of dance and any entertainment of similar description

  ·              This defined area (dance floor) shall be clearly delineated and shall be cleared of all non-permanent fixtures and fittings during the activity.             

  ·              Clear areas for access and egress shall be provided around the dance floor so as to reduce the risk of physical injury to dancers and patrons.

  ·              During any dancing, performances of dance or similar activity, all drinking vessels shall be polycarbonate or plastic.

  ·              Persons who are dancing in the premises in the defined area shall not continue to consume food or drink of any description, within that area.

  ·              There shall be clearly displayed signage stating:

  “Persons who are dancing in the premises in the defined area shall not continue to consume food or drink of any description, within that area. The Premises Supervisor or his agent is required to enforce this condition”

  Incident book

  ·              An incident book shall be kept at the premises. in which details of crime and/or disorder relating to the premises shall be recorded.

  ·              The Incident book shall contain the following details;

  a) Time, date and location of incident.

  b) Nature of the Incident

  c) Names, addresses and contact details of persons involved.

  d) Result of the incident

  e) Action taken to prevent further such incidents.

  f) Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS.

  ·              The Incident Book shall be made available to Police upon request.

  ·              Each entry shall be retained for a period of 24 months from date of completion.

  Refusals  Register

  ·              A refusal register maintained on the premises in the following format.

  ·              Each entry to be timed dated and signed by staff member making the refusal.

  ·              Description or name of refused person.

  ·              Each entry to be dated and signed by DPS/Manager/Supervisor.

  ·              The item attempted to purchase.

  ·              Reason for refusal.

  ·              Register to be retained for period of 24 months.

  ·              Register to be produced upon request by Police or Trading Standards.

  ·              The premises shall operate the "Challenge 25" Proof of Age Policy to prevent the sale or supply of alcohol to persons under 18 years of age. The policy shall require any person who appears to be under the age of 25 years to produce one of the following forms of identification:

  a)              A recognised proof of age card credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS);

  b)              Photo driving licence;

  c)              Passport;

  d)              Any other means of identification approved and accredited in writing by Lincoln Police.

   

  ·              A CCTV system shall be installed and maintained in working order and shall be used to record during all hours authorised for licensable activities.

  ·              The CCTV system shall record frontal head and shoulder colour image of all persons entering the premises.

  ·              The system shall monitor and record all areas of the premises to which members of the pubic are permitted access.               

  ·              The monitor and recording equipment shall be located in a secure room or in a secure cabinet to prevent unauthorised access, tampering or removal of images.

  a)  The system shall record between a minimum of 15 frames per second and an optimum of 25 frames per second.

  b)  The quality of the images recorded by the CCTV system shall be such that they are of practical value in the promotion of the licensing objectives by;

  c) Clearly showing actions of persons involved in a incident;

  d) Giving evidence of identity of offenders;

  e) Showing an overall view of the scene.

  ·              The images recorded by the CCTV system shall be retained in an unedited form for a period of not less than 31 days and be endorsed with the accurate time and date.

  ·              During all hours that the premises are open, a member of staff will be on the premises who is capable of operating the system to review recordings and provide recorded footage on a removal medium.

  ·              Recordings shall be provided to officers of Lincolnshire Police or authorised officers of the Licensing Authority upon request. Officers shall be permitted access to the system at any reasonable time.

  ·              On film nights, murder mystery, ghost walks and similar events there will be no entry after 2200hrs.

  When Adult Entertainment is provided at the premises, (FOR THE PURPOSES OF THIS LICENCE CONDITION 'ADULT ENTERTAINMENT' WILL BE DEFINED USING THE DEFINITION FOR 'RELEVANT ENTERTAINMENT' FOUND IN Schedule 3 TO THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 (as amended by section 27 of the Policing and Crime Act 2009)) - THAT IS “any live performance or live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of an audience (whether by verbal or other means)”. IN THIS CONDITION an audience can consist of just one person, (e.g. in a private booth).

  ·              No still or moving photographic or video recordings other than by CCTV monitoring equipment installed for crime prevention purposes shall be made of any performance of adult entertainment.

  ·              There shall be no images of nakedness, nudity or of any description of a sexually explicit nature to cause offence as to the nature of the entertainment being held on the premises on any external advertising.

  ·              Performances of adult entertainment shall only be the subject of any advertising involving the distribution of leaflets, promotion by canvassers or by touting in the street, subject to written approval by Lincolnshire Police and on the undertaking that the Premises Licence Holder shall ensure that all associated litter is collected at the end of each day’s opening hours within any area defined and agreed with Lincolnshire Police.

  ·              The adult entertainment shall not be visible from the street.

  ·              Any person who can be observed from outside the premises shall be decently dressed.

  ·              No person either resident, staff, performer, entertainer, visitor or customer under the age of 18 years shall be allowed in any part of the premises whilst adult entertainment is being performed or at any time whilst a rehearsal or audition for such entertainment is being conducted.

  ·              A clear notice shall be displayed at each entrance to the premises, in a prominent position so that it can easily be read by people entering the premises, saying,

  ·              NO PERSONS UNDER THE AGE OF 18 YEARS SHALL BE ADMITTED

  ·              The adult entertainment shall be given only by performers/entertainers who are engaged exclusively for that purpose.

  ·              No performer shall be allowed to work if they appear to be under the influence of intoxicating liquor and/or drugs.

  ·              The entertainment shall be restricted to dancing and the removal of clothes, there shall not be any other form of sexual activity.

  ·              There shall be no physical participation between any member of the audience and any other performer.

  ·              The DPS, management or anyone concerned in providing the adult entertainment shall not encourage or permit the encouragement of the audience to throw money or other gratuities to the performers.

  ·              No performer shall accept or give any telephone number or business card or note to or from members of the audience.

  ·              Performers shall be provided with changing room(s) which shall be located separately, and apart from, public facilities.

  ·              No person other than performers and authorised staff shall be permitted in the changing room(s).

   

   

   

• CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable