West Lindsey District CouncilLicensing

The Forge

1a North Street, Gainsborough, Lincolnshire, DN21 2HP

Completed application 019948 which is a New Application for Premises Licence from 27/11/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• MANDATORY CONDITIONS

   

  No supply of alcohol may be made under this licence:

   

  at a time when there is no designated premises supervisor in respect of it, or

  at a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.

   

  Every sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence

   

  Films

   

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made:

  by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) of the Licensing Act 2003 applies to the film.

   

  Below Cost Alcohol Sales

   

  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 -

  P is the permitted price,

  D is the amount 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

  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:

  the holder of the premises licence,

  the designated premises supervisor (if any) in respect of such a licence, or

  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.

   

  Irresponsible 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 Policy

  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.

  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.

  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.

  Alcohol size 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:

  beer or cider: ½ pint;

  gin, rum, vodka or whisky: 25 ml or 35 ml; and

  still wine in a glass: 125 ml; and

  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.

• CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Locations of fire safety equipment subject to change in accordance with the requirements of the responsible authorities or following a risk assessment.

  Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time.

  The full menu shall be available throughout the trading day, subject to a permitted wind-down period before the terminal hour of service.

  Waiter/waitress service shall always be available.

  A 30-minute drinking up time on top of the last permitted sale of alcohol to allow customers to use the toilet facilities and disperse from the premises.

  The outside area is clearly defined with planters and permanent umbrellas as belonging to the restaurant and is by Company policy only used by customers who have purchased food/drink from within.

   

  A CCTV system shall be installed, recording and maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police, specifically:

  a)              There shall be a minimum of one high-resolution colour camera fitted in a weatherproof housing, for external coverage of the entrance to North Street, as well as the back entrance to the car park

  b)              There shall be a minimum of one high-resolution colour camera fitted to each public entrance/exit. To provide a quality head and shoulder image for facial recognition/identification purposes of all persons entering the premises.

  c)              There shall be sufficient cameras able to cope with the normal operating illumination to reasonable cover all licenced public areas.

  d)              Recordings must be kept for a minimum of 31 days and endorsed with the accurate, correct time/date (BST/GMT adjusted).

  e)              Police and/or Authorised Licencing Officers shall be able on attendance to view immediate playback of any incident without the necessity for download.

  f)              Recordings of incidents at the premises must be provided to the police following lawful request.

  g)              A member of staff shall be on the premises at all times they are open to the public who is capable of operating the CCTV system providing recordings on request. When this is not possible recordings shall be provided within 24 hours of the original request.

  h)              Recording equipment shall be housed in a secure room/cabinet where access and operation is strictly limited to authorised persons.

  i)              All equipment shall have constant time/date generation, which must be checked for accuracy on a daily basis.

  j)              The CCTV system should be maintained and checked every 12 months, with the installing company, or if this is not possible another reputable company, producing a letter of compliance.

  k)              In the event of a system malfunction, the Designated Premises Supervisor or the Premises Licence Holder must immediately notify the Licencing Authority and the Police Licencing Department Tel 01522 558448 or email county licencinggroup@lincs.pnn.police.uk <mailto:licencinggroup@lincs.pnn.police.uk>. Details of this malfunction must be recorded in the premise’s refusals/incident book. Arrangements for repair must be made without delay. The Licencing Authority and Police Licencing must be notified when the system is again operational.

  l)              Recordings shall be made available immediately on request to an Authorised Officer or a Police Officer (subject to GDPR) throughout the 31-day period following any incident.

  m)              An incident/refusals 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;

                1.Time, date and location of incident/refusals. Nature of the Incident/refusal.

  2. Names, addresses and contact details of persons involved. Result of the incident/refusals.

                3. Action taken to prevent further such incidents.

  4. Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS; and retained for a period of no less than 12 months and made available to Lincolnshire Police for inspection upon request.

   

  Appropriate fire safety measure will be installed and maintained shown on the drawings accompanying this application.

  Key staff will be trained in First Aid.

  Adequate and appropriate first aid equipment and materials will be kept on site, regularly checked and kept in an easily accessible place for staff.

  Public areas will be kept free from obstruction and trip hazards.

  All exit routes will be kept unobstructed, with non-slippery and even surfaces, free of trip hazards and clearly signed.

   

  All highway and public spaces in the vicinity of the premises will be kept free from litter to the satisfaction of the council.

  Refuse such as bottles will be placed into receptables outside the premise at times that will minimise the disturbance to nearby properties.

  No deliveries will take place between 22:00 and 06:00 hours.

   

  No collection, including refuse and recyclable food waste shall take place between 22:00 and 06:00 hours.

  Customer notices to be displayed at all exits asking patrons to please leave the premises quietly and to respect the needs of the local residents.

  The outside seating area shall be limited to the area marked on the plan attached to the Premises Licence.

   

  All staff shall be aware of the law regarding the refusal of service to any person who is drunk or is underage and shall be aware of how to seek ID from anyone who appears to be underage.

  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 to appears to be under the age of 25 years to produce one of the following forms of identification:

  1.              A recognised proof of age card credited under the British Retail Consortiums Proof of Age Standards Scheme (PASS); Photo driving licence; Passport.

  2.              Notices shall be prominently displayed advertising customers of the “Challenge 25” policy.

  All point of sale staff shall undergo training in the challenge 25 proof of age scheme and all other relevant policies with a record kept of the date of training, signed by the member of staff and the trainer. Each entry shall be retained for a period of 12 months from date of completion. This record shall be made available for inspection by Lincolnshire Police Officers or other relevant authority.

  A “refusal to serve log” will be maintained and made available for inspection to a Police Officer or Authorised Officer, this log shall include the Date, Time, Name and Signature of the staff member who refused the sale. This log will also be signed by the DPS of the premises on a monthly basis.

• CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable