West Lindsey District CouncilLicensing

The Swallow Inn

Caistor Road, Swallow, Lincolnshire, LN7 6DL

Completed application 024230 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 05/08/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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

   

  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.

  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 reasonably cover all licensed 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 Licensing 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 in its entirety and 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)              In the event of a system malfunction, the Designated Premises Supervisor or the Premises Licence Holder must immediately notify the Licensing Authority (Tel: 01427 676676 or email licensing@west-lindsey.gov.uk and Lincolnshire Police's Licensing Team (Tel: 101  Lincolnshire Police  Alcohol Licensing or email countylicensing@lincs.police.uk) Details of this malfunction must be recorded in the premises refusals/incident book. Arrangements for its repair must be made without delay. The Licensing Authority and Police Licensing must be notified when the system is again operational.

   

  CCTV system must comply and be registered with the CCTV Code of Conduct published by the Information Commissioner's Office (ICO). The ICO must be annually notified that CCTV images are being recorded on your premises, with a named individual who is responsible for operation and maintenance of the equipment. Register through https://ico.org.uk/for-organisations/data­protection-fee/ or telephone 0303 123 1113.

   

  Right to work checks shall be conducted on all potential employees prior to their employment in any capacity at the venue.

   

  Conduct those checks in accordance with the Home Office Code of Practice for employers as current at that time.

   

  Retain written records of these checks to contain the following information:

  Date of the checks

  Identity of the individual (full name; date of birth, country of origin)

  Documents checked and identifying marks

  Result of the check

  Date for recheck if required according to the individual status

   

  There shall be a drug policy completed for the premises. This document will be specific to the venue and will be kept on site at all times and will be made available for inspection upon request from any responsible authority. A drug safe shall be installed at the premises.

   

  Staff shall be provided with 'drug awareness training', and be briefed on the drugs policy applicable to the premises. The drug awareness training will be provided to all employees that have the potential to deal with persons who are in the possession of I incapacitated through the use of drugs or the combined effect of drugs and alcohol at least every 12 months, a record of this training will be kept at the venue .

   

  An incident and 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:

  Time, date and location of incident/refusals.

  Nature of the Incident/refusal.

  Names, addresses and contact details of persons involved.

  Result of the incident/refusals.

  Action taken to prevent further such incidents.

  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.

   

  Any outside area which is used for the consumption of alcohol shall cease to be used at 22:00, notices to be displayed informing customers of this.

   

  Drinks served outside will be in polycarbonate glasses and all bottled drinks for the outdoor seating will be decanted into polycarbonate before leaving the bar area. This seating area will be cleared right after each sitting. This will be closely monitored and controlled by staff.

   

  When door supervisors are working at the premises there shall be such a number as the Licence Holder considers sufficient to control the entry of persons to the premises and for the keeping of order in the premises, and the following conditions shall apply:

   

  A record/log book shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor.

   

  The record shall contain the following details:

  The door supervisor's name

  Their Security Industry Authority licence number

  The time and date he/she commenced and concluded their duty The door supervisors shall sign each entry

  The Designated Premises Supervisor or other authorised person shall also endorse each entry as having checked the authenticity of the individual door supervisor

   

  That record shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  Each entry shall be retained for a period of 12 months from date of completion.

   

  Each Door supervisor’s licence number will be verified by the DPS or their agent using the Internet SIA website.

   

  Each Door supervisor’s licence number will be verified by the DPS or their agent using the Internet SIA website, on the occasion of each door supervisor’s initial employment at the premises. Thereafter a weekly check shall be carried out to ensure the licence status remains unchanged.

   

  This verification check will be recorded and signed appropriately by the DPS or their agent.

   

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents.

   

  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.

   

  No live or recorded music to be played in the outside area.

   

  The Designated Premises Supervisor (DPS) shall maintain an active membership of the Market Rasen Pubwatch scheme.

   

  If the venue has an outside event, all drinks will be served in polycarbonate glasses and all bottled drinks will be decanted into polycarbonate before leaving the bar area. The event outside will finish at 22:00 and Lincolnshire Police Licensing will be notified of the event. The event will not have any more than 499 persons.

   

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

  Photo driving licence

  Passport

   

  Notices shall be prominently displayed advising 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.

   

  No persons shall sell or supply alcohol at the premises without the written authority of the premises licence holder and all such written records shall be kept securely and made available for inspection to the responsible authorities at their request.

   

  Persons selling or supplying alcohol shall be fully conversant with the conditions contained therein the premises licence.

   

• Conditions attached after a Hearing by the Licensing Authority

   

  Not applicable.