Burnley Borough CouncilLicensing Unit

Hunters Oak Farm

Hunters Oak Farm, Ightenhill Park Lane, Burnley, Lancashire, BB12 0RW

Completed application 033549 which is a New Application for Premises Licence from 07/06/2017 to indefinite

Applicant(s)

Permitted Activities

• a performance of a play
• an exhibition of a film
• 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
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

  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.              (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).

  4.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  5.              (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 licences 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.

  6.              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

  (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.

  Minimum Drinks Pricing

  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 + (DxV)

                Where -

  (i)P is the permitted price

  (ii)              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

  (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)              “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 the 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.

  If the Premises Licence allows Exhibition of Films

  1.Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

  
  2.Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation by that body.

  3.Where

  (a)              The film classification body is not specified in the licence, or

  (b)              The relevant licensing authority has notified the holder of the licence 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.

  4.In this section “children” means any person 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(c39) (authority to determine suitability of video works for classification).

  If the Premises Licence has conditions in respect of Door Supervision

  except theatres, cinemas, bingo halls and casinos

  1.Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:

  (a)              be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

  (b)              be entitled to carry out that activity by virtue of section 4 of the Act.

  2.But nothing in subsection (1) requires such a condition to be imposed:

  (a)              in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or

  (b)              in respect of premises in relation to:

             (i)   any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

             (ii)  any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act.

  3.For the purposes of this section:

  (a)              “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and

  (b)              paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

• ANNEX 2 - Conditions Imposed in Accordance with the Operating Schedule & Under Paragraph 18(4) & 18(5) Schedule 8 Licensing Act 2003

   

  Each calendar year, there shall only be one function permitted involving the provision of licensable activities where more than 350 patrons are in attendance.  There shall be an additional seven occasions on which the provision of licensable activities are permitted where less than 350 patrons are in attendance.  A log book detailing the time, date and nature of each function will be maintained at the premises and will be produced to an authorised officer upon request.

   

  Notice of any event that includes licensable activities taking place at the premises is to be provided to Lancashire Constabulary and the Environmental Protection Service at Burnley Council at least four weeks prior to the event taking place.

   

  All staff who are involved in the sale of alcohol will be trained in relation to the licensing objectives so as to reduce crime and disorder, promote public safety, prevent public nuisance and promote the protection of children from harm.  Said training will be documented and will be made available to an authorised officer upon request.

   

  Prior to any function involving the attendance of more than 350 patrons, the Event Safety Advisory Group will be consulted, so long as the said group are in existence in the area.

   

  Prior to any function involving the attendance of more than 350 patrons, a risk assessment will be carried out to determine how many door supervisors are required.  An appropriate number of door supervisors will be utilised in accordance with said risk assessment.

   

  The premises shall operate a zero tolerance drugs policy.

   

  On any occasion that the premises hosts a function which involves the carrying on of licensable activities and where more than 350 patrons are in attendance, the premises will operate a search policy to deter the carrying of drugs or weapons.  Notices will be displayed informing patrons of the search policy at the function.

   

  On any other occasion that a function which involves the carrying on of licensable activities is expected to result in a significant level of traffic, a traffic management plan will be devised and utilised.  Where necessary, said plan will include the use of marshals to assist with directing traffic on access to the site, parking and the dispersal of customers.

   

  On any occasions that licensable are carried on at the premises, there will be an appropriate number of First Aid trained persons on duty.

   

  On any occasions that the premises hosts a function which involves the carrying on of licensable activities and where more than 350 patrons are in attendance, drinks will be served in polycarbonate or plastic vessels at all times.  All glass bottles must be decanted into such a vessel prior to being given to the public.

   

  During any occasion that the premises hosts a function which involves the carrying on of licensable activities and where more than 350 patrons are in attendance, any sales of alcohol made for consumption off the premises will be made in a sealed container.

   

  Whenever regulated entertainment takes place at the premises, the management will conduct regular assessments of the noise emanating from the premises and, where said assessments indicate that the level of noise may cause nuisance to local residents, the management will take action to remedy the level of noise.

   

  Clear, legible and conspicuous notice shall be displayed at each public exit requesting patrons to avoid causing noise, nuisance or disturbance upon leaving the premises.

   

  At least four weeks prior to any function involving the attendance of more than 350 patrons, a noise risk assessment will be carried out and submitted to the Environmental Protection Service at Burnley Council.

   

  At least four weeks prior to any function involving the attendance of more than 350 patrons, an event safety plan will be produced and submitted to the Environmental Health Service at Burnley Council.

   

  Whenever the premises hosts a function which involves the carrying on of licensable activities and where more than 350 persons are in attendance, a named person shall be appointed to co-ordinate noise issues no later than 4 weeks prior to the event.  The "noise co-ordinator" shall liaise between all parties including the Environmental Protection Service, the Promoter, sound system suppliers, sound engineers and Licensing Authority, on all matters relating to noise control prior to and during the event.

   

  Whenever the premises hosts a function which involves the carrying on of licensable activities and where more than 350 patrons are in attendance, and where requested by the Environmental Protection Service, a noise propagation test shall be undertaken with a representative of the Environmental Protection Service present prior to the start of the event in order to set appropriate control limits at the sound mixer position.  The sound system shall be configured and operated in a similar manner as intended for the event.  The sound source used for the test shall be similar in character to the music most likely to be produced during the event.

   

  Whenever the premises hosts a function which involves the carrying on of licensable activities and where more than 350 patrons are in attendance, there will be a mobile telephone number which is designated as a number specifically for noise complaints.  The mobile telephone which corresponds with said number will be attended to by the noise co-ordinator through the duration of the event.

   

  A "Challenge 25" Policy shall be adopted and enforced at the premises whereby any person who appears to be under the age of 25 shall be required to provide identification to prove that they are over the age of 18 before they are permitted to purchase alcohol.  The only forms of acceptable identification will be:

   

                        A Passport;

                        A UK Photocard Driving Licence;

                        Official ID card issued by HM Forces or EU bearing a photograph and the date of birth of the holder;

                        Any other form of identification agreed with a representative of the Police Licensing Unit

   

  All staff who are involved in the sale of alcohol will be trained in relation to the "Challenge 25" policy upon the commencement of their employment, following which they will undertake refresher training at suitable intervals.  Said training will be documented and will be made available to an authorised officer upon request.

   

   

   

   

   

• ANNEX 3. Conditions attached after a hearing by the licensing authority

   

  None

• ANNEX  4 - Plan of Premises

   

  The official plan of the premises is attached and endorsed