West Lindsey District CouncilLicensing

The White Hart Hotel

49 Lord Street, Gainsborough, Lincolnshire, DN21 2DD

Completed application 003114 which is a Cancellation/Surrender for Premises Licence from 17/08/2005 to 17/08/2005

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

• Mandatory Conditions Supply of alcohol (Licenced Premises)

   

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

   

  3.              Where one or more individuals are at the premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority,

   

  ON LICENCE EMBEDDED RESTRICTIONS

  * PERMITTED HOURS

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours mean:

   

  a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to 11 p.m.

  b. On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.

  c. On Good Friday, 12 noon to 10.30 p.m.

  d. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  e. On New Year’s Eve, except on a Sunday, 11 a.m. to 11 p.m.

  f. On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m

  g. On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

   

  The above restrictions do not prohibit:

   

  (a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  (b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  (c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  (d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (e) the ordering of alcohol to be consumed off the premises or the despatch by the vendor of the alcohol so ordered;

  (f) the sale of alcohol to a trader or club for the purposes of the trade or club;

  (g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (h) the taking of alcohol from the premises by a person residing there; or

  (i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

  (j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  CHILDREN IN BARS.

  On-licence, no children’s certificate:

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

   

  (1) He is the child of the holder of the premises licence.

  (2) He resides in the premises, but is not employed there.

  (3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  (4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals

   

  * In certain areas of West Lindsey, permitted hours may vary in accordance with sub-section (4) of S60-61 Licensing Act 1964 where the general licensing hours may commence at 10am on weekdays and Saturdays (excluding Christmas Day).

  Please contact the Licensing Authority for further information.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Not applicable

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

   

  Not Applicable

• Section 60(4) of the 1964 Act permits licensing justices to modify permitted hours within particular districts. Where hours are modified, those hours should take precedence.

   

  Where the permitted hours are restricted by condition, the permitted hours are varied accordingly: s. 60(7) LA 1964. The permitted hours as varied by condition should be carried into the new licence or certificate: Schedule 8 paragraph 6(6) and 18(4) LA 2003.

   

   

   

  Where a supper hours certificate is in place under s. 68, add (depending on whether one or both of the extensions in square brackets have been granted):

   

  “Alcohol may be sold or supplied [for one hour following the hours set out above and] [on Christmas day, between 3 p.m. and 7 p.m.] to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.”

   

   

   

  Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:

   

  “(1) Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following [three o’clock in the metropolis] [or, if an earlier hour is specified in the special hours certificate, that hour], except that-

  (a)  the permitted hours shall end at midnight . . . on any day on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight; and

  (b) on any day that music and dancing end (or, in the case of casino premises, gaming ends) between midnight and two o’clock in the morning [three o’clock in the metropolis], the permitted hours shall end when the music and dancing end or, as the case may be, when the gaming ends;

   

  (2)   In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect-

  (a) with the substitution of references to three o’clock in the morning [four o’clock in the metropolis] for references to two o’clock in the morning [three o’clock in the metropolis] [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.]

   

  (3)   Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that-

  (a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

  (b) where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  (4)  On Sundays immediately before bank holidays, the permitted hours shall extend until 2 a.m. in the morning following [3 a.m. in the metropolis], except that-

  (a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

  (b) where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and 2 a.m. [3 a.m. in the metropolis], the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

  For casino premises:

  (5) The sale of alcohol must be ancillary to the use of the premises for gaming facilities and substantial refreshment.

  For other premises

  (6) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

• WEST LINDSEY DISTRICT COUNCIL

   

  No Public Entertainment on Christmas Day - Except that continuing over until 2am from Christmas Eve.

   

  Permitted Occupancy:

   

  Front Bar                                                                                                                        Total 100

  Function Room(Ground Floor)   Dancing 200                                                                  Total 200

  Cocov                                        Dancing 60                                                                   Total 60

   

  1. Noise emissions from the premises shall not exceed a corrected noise level of 40dB(A), measures as a 1 minute leq, at the facade of any residential premises.

   

  All measurements of noise shall be made in compliance with the measurement techniques detailed in British Standard BS 4142:1997 - "Rating Industrial Noise Affecting Mixed Residential and Industrial Areas".

   

  Details of numbers attending the premises after 11.00pm must be recorded on spreadsheets provided for this purpose by the council, such records to be made available for inspection bvy the Police or authorised officers of the Council at any reasonable time.

   

   

  Public Entertainments Licences - Terms, Conditions and Restrictions upon which this Licence is granted

   

  1.              There shall be affixed and kept up in some conspicuous place on the door or entrance of the  premises so licensed as aforesaid, an inscription in the capital letters (not less than 1” high) in the words following:

   

  2.              The licensed premises shall not be open for the purpose for which this licence is granted on any occasion when on specified grounds of public health or safety the licensing authority may so signify their desire in writing to the occupier or other person having at that time the control and management of the premises.

   

  3.              Police Constables for the County, authorised officers of the Fire Authority and District Council shall whilst on duty, at all reasonable times, be allowed to enter the licensed premises.

   

  4.              The licensee shall draw any user’s attention to the full conditions of the licence governing use of the premises.

   

  5.              The Licensee shall comply with any reasonable fire prevention and safety measures that may be required of him by the County Fire Officer from time to time and any reasonable recommendations by the Police, and the Council’s Environmental Health Officer.

   

  6.              If a statement of fire precautions and safety measures shall have been delivered to the licensee and to the West Lindsey District Council by the County Fire Officer not less than seven days before the date for granting or renewal of the licence, a requirement to comply with any matter contained in such a statement shall be deemed to form part of the conditions upon the grant or renewal of the licence unless the holder shall have objected to it and his objection shall have been upheld by the licensing authority.

   

  7.              The licensee and/or person in charge shall maintain and keep good order and decent behaviour and shall not permit drunkenness or other disorderly conduct on the licensed premises.

  8.              The licensee and/or person in charge shall not allow any lewd, obscene or indecent performances to take place on the licensed premises, or allow any indecent poster, advertisement, film, photograph or programme to be displayed or shown therein.

   

  9.              The licensee and/or person in charge shall:

   

  (a)              Take all reasonable precautions for the health and safety of the public, performers and employees on the premises:

   

  (b)              Ensure that the licensed premises and any fittings, stairways, notices, lavatories and seating are maintained in good order and condition.

   

  10.              Adequate and separate sanitary conveniences shall be provided for both sexes.

   

  11.              The licensee or person in charge of the premises shall ensure that any noise emanating from or caused by the use of the premises is such as not to cause annoyance to residents in the locality

   

  12.              No exhibition, demonstration or performances of hypnotism ( as defined in section 6 of the Hypnotism Act 1952 ) shall be given on any person at the place licensed except with the express prior written consent of the West Lindsey District Council and in accordance with any conditions attached to such consent.

   

  13.              Real or artificial smoke shall not be produced in the premises.

   

  14.              Laser effect lighting shall not be used except with the prior written consent of The West Lindsey District Council.

   

  15.              No alteration shall be made to the building either in construction, rearrangement or public accommodation or exits or otherwise except with the prior written consent of the West Lindsey District Council.

   

  16.              The premise shall be provided with suitable exits so placed and maintained as to afford staff, patrons and performers ready and ample means of safe egress. The means of exit from all parts of the licensed premises shall be kept free of obstruction and constantly in such a state as to be available for instant free egress. Exits shall be conspicuously indicated at all other times when the premises are in use.

   

  17.              Use of the premises is prohibited for roller discos without specific approval of the West Lindsey District Council.

   

  18.              (a)              All stage equipment in use on the premises (including all lighting,               video or sound amplification equipment and display models) fed               from the socket outlets shall be protected by 30 MA residual current               devices (RCD’s). (The devices shall form part of the permanent               electrical wiring in the building i.e. plug in type RCD’s are not               permitted).

   

  (b)              On application for renewal of the licence, an N.I.C.E.I.C. Inspection Certificate, signed by a registered and duly qualified Electrical Engineer, included on the approved list prepared by the N.I.C.E.I.C., shall be produced to the Solicitor to the West Lindsey District Council, or other Authorised Officer for the time being of the Council, confirming all RCD’s in the premises are in full working order and specifying that the time taken to operate at 30 MA be not more than 200 milliseconds and at 150 MA not more than 40 milliseconds.

   

  19.              All seating units utilising either standard or high resilient polyurethane foam as an in-filling material should be treated with an approved flame retardant in order to satisfy B.S.5852: Part 2: 1982 “Ignitability of upholstered composites for seating by flaming sources”. The treatment should be carried out in accordance with the manufacturers’ instructions and a test certificate provided to the satisfaction of the Fire Authority.

   

  20.              Employment of Door Supervisors in premises which are licensed annually for public entertainment:

   

  (a)              For the purpose of these requirements the term ‘door supervisor’ shall mean a person engaged, employed or otherwise used on premises, with authority and/or on behalf of the owner, landlord, or licensee, exclusively or mainly to decide on the suitability of customers to be allowed on those premises to exercise control over them and/or to maintain order on those premises.

   

  (b)              The Licensee shall not engage, employ or otherwise use the services of any person as a door supervisor on the premises unless that person is, at all times, either registered with or provisionally approved by the S.I.A.

   

  (c)              The Licensee shall:

   

  (i)              Maintain a daily incident book, which must be completed each time the premises are open to the public with the door supervisors on duty and signed by each door supervisor before commencing duty;

   

  (ii)              Ensure details of all incidents attended or dealt with by door supervisors are recorded in the incident book;

  (iii)              Ensure the incident book is available for inspection by the police or officers of the West Lindsey District Council at all

  (iv)              times the premises are open to the public and at any other reasonable times;

   

  (v)              Retain completed incident books for a minimum period of two years following the date of the last entry in the book. 

   

  (d)              The Licensee shall ensure all door supervisors carry their identification permit issued to them under the S.I.A. scheme at all times whilst on the premises and produce it on request to the police officer of the West Lindsey District Council.

   

  (e)              The Licensee shall immediately notify the West Lindsey District Council and the Chief Officer of Police of the dismissal of any staff employed, engaged or used by him/her in the capacity of a door supervisor, for serious misconduct or other behaviour which might affect the continuation of , or renewal of, his/her registration.

   

  21.              All commercial premises which are licensed for public entertainment after 11.00pm must provide a drug amnesty box on the premises.

   

  (a)              Each premise will provide a metal strong box, which is lockable and securely attached to the floor or a wall inside the club entrance.

   

  (b)              The box will be constructed so that items may be placed in the box without the person coming into contact with the box’s contents.

   

  (c)              The premises will be allowed to provide its own box provided the design is agreed with the police.

   

  (d)              The police will hold the keys to the box.

   

  (e)              Customers entering the club should be directed to the box and allowed to deposit in it anything they wish to prior to being within the area where they  could be subjected to any form of search.

   

  (f)              Any article found abandoned within the club premises or immediately outside the premises and suspected to be a controlled drug or other dangerous article should be placed in the box.

   

  (g)              The police will make arrangements for the box to be checked and emptied as follows:

   

                 (i)         The keys to the box will be retained at the police station.

                  

  (ii)              The contents of the box will be checked by an officer of at least sergeant rank, together with another officer and a member of the club staff on a weekly basis or at the request of the club manager.

          

  (iii)              The contents of the box will be recorded and disposed of by the police.

   

  NOTE:

   

  If the holder of this licence shall break or disregard any of such terms, conditions or restrictions, he may be liable to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months or both and this licence may be revoked by Order of the West Lindsey District Council.