Burnley Borough CouncilLicensing Unit

Ellis's

13 St James Row, Burnley, Lancashire, BB11 1DR

Completed application 050456 which is a Variation Application for Premises Licence from 22/07/2024 to indefinite

Applicant(s)

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol
• provision of late night refreshment

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. No film shall be exhibited unless:

  a. it has received a “U”, “PG”, “12A”, “15”, or “18” certificate of the British Board of Film Classification; or

  b. it is a current newsreel, which has not been submitted to the British Board of Film Classification.

  2. “18” Films

  No person apparently under the age of eighteen years shall be admitted to any exhibition at which there is to be shown any film which has received an “18” certificate from the British Board of Film Classification.

  3. “15” Films

  No person apparently under the age of fifteen years shall be admitted to any exhibition at which there is to be shown any film which has received an “15” certificate from the British Board of Film Classification.

  4. “12A” Films

  No person apparently under the age of twelve years shall be admitted to any exhibition unless accompanied by an adult at which there is to be shown any film, which has received a “12A” certificate from the British Board of Film Classification.

  5. “PG” Films

  Some scenes contained at which there is to be shown any film, which has received a “PG” certificate from the British Board of Film Classification, may be unsuitable for young children.

  6. “U” Films

  Films suitable for all is any film, which has received a “U”, certificate from the British Board of Film Classification.

  7. Permission of Licensing Authority

  Notwithstanding the above, a film may be exhibited, or persons, or any class of person, may be admitted thereto if the permission of the licensing authority is first obtained and any conditions of such permission are complied with.

   

  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

   

  CCTV

  A comprehensive colour CCTV system shall be installed internally and externally at the premises and cover all area where licensable activity takes place and will meet the following criteria:

  The system will display on any recording the time and date of said recording;

  The system will be recording whenever the premises is open to the public;

  Any recordings will be retained for a minimum of 30 days after they are made and will be produced to an authorised officer upon request, so long as said request is in accordance with the principles of the Data Protection Act or any subsequent or alternative legislation;

  Where such a request is made in writing, the images will be provided as soon as practicable, but in any event no later than 48 hours after said request has been made, (unless otherwise agreed with the party requesting the images);

  Images provided will be uploaded to the requesting authorities current online portal, e.g. NICE, unless otherwise agreed with the party requesting the images. A supply of USB sticks, DVD’s, or alternatives shall be kept on the premises for this purpose.

  Exterior CCTV will be on record for the full duration of the tape and immediately changed once this is full.

  The system will be maintained in full working order and any faults will be rectified without delay.

  Appropriate signage alerting customers to the use of CCTV shall be displayed in a conspicuous position at the premises. A competent person trained in the use of and operation of the CCTV will be in attendance at the premises at all times that licensable activities are taking place. Said person will be able to fully operate the CCTV system and be able to download data in a recognised format when requested.

  Members of the management team will be trained in the use of the system.

   

  Door Supervisors

  Prior to any occasion on which licensable activities are to be carried on at the premises, a risk assessment will be carried out to determine whether SIA registered door supervisors are required. An appropriate number of door supervisors will be utilised in accordance with said risk assessment, which will be recorded in writing and made available to an authorised officer upon request.

  An incident register of all occurrences and ejections from the premises will be maintained at the premises and any details of public order offences will be recorded. Said register will be made available upon request to an authorised officer. A record shall be kept on the premises by the DPS of every person employed on the premises as a door supervisor. The record shall contain the following details: name, address, date of birth and SIA licence number and signing in and out for each door supervisor. The record shall be available for inspection, on demand, by an authorised officer of the council, a police officer or the SIA.

   

  Drug and Search Policy

  The premises will have a written zero tolerance drugs policy which is enforced at all times. This policy will include search, seizure and disposal of drugs and weapons. This will include details of the recording of seizures, secure, tamper proof storage and disposal via the Police. A copy of the policy will be provided to the Licensing Authority and be available for inspection on demand by authorised officers of the Council, Police or SIA. (Note - this does not mean you have to search everyone - your policy may say that you only search in specified circumstances)

  Prevention of Crime & Disorder

  The premises shalll ensure any glass bottles used are retained on the premises and disposed of safely. No customers will be admitted or permitted to leave when carrying open or sealed bottles or glasses.

  The premises shall ensure that no alcohol is sold to already drunk/intoxicated customers.

   

  Public Safety

  The premises shall ensure that all escape routes and exits (including internal doorways) are well maintained and kept clear of obstructions and clearly identified. All exit doors will be easily identifiable and do not require the use of any keys/codes during operating hours. Safety checks will be carried out daily before admission of the public and details kept in a logbook. Any fixtures and fittings such as lights, decorations and seating will be well maintained and unobstructive. A fire risk assessment will be carried out and updated/revised as needed which will be readily available to be viewed by an authorised officer. Fire safety notices will be prominently displayed and any outbreaks will be immediately reported to the fire brigade, regardless of how minor. The premises will have adequate safety and firefighting equipment and such equipment will be maintained in good operational order. Spillages and breakages will be removed as soon as possible to remove the risk for patrons and staff. Staff will be well trained in relation to all environmental health requirements. An adequate and appropriate supply of first aid equipment will be available on the premises and at least one first aid trained individual will be on shift at any one time.

  The prmeises shall remain vigilant about maximum capacity limits and only allow enough people in to fill the seating - no more.

   

  Public Nuisance

  The management of the premises will ensure that the area immediately outside the entrance to the premises is kept clean, tidy and free from litter. No glass will be allowed off the premises at the front entrance. Signs will be placed at the main public exit in a conspicuous position requesting patrons to respect the needs of residents and to leave the premises and the area quietly. Plastic drink containers will be used when requested by the Police, and these will be compliant with current Weights and Measures Regulations.

  Bottles and glasses will not be placed into external waste receptables between the hours of 23.00 and 08.00. Staff will monitor the dispersal of customers and ensure patrons do not contribute to anti-social behaviour in the vicinity.

  The premises shall ensure that the consumption of alcohol is restricted to the areas identified in the plan attached to the operating schedule.

  Noise such as music will be kept to respectable levels and will not be noticeable from the outside, with doors and windows kept closed where possible to prevent noise nuisance.

  Staff will monitor customers leaving at closing and encourage all patrons to keep noise levels to a minimum.

  Customers will be asked not to stand outside the premises where possible.

  The premises shall ensure the ventilation/extraction system has suitable sound attenuation.

  All waste will be regularly emptied into suitable bins and regularly collected (weekly) to avoid any nuisance smells and an adequate supply of waste receptacles will be in situ in the customer area to prevent any litter making its way outside.

  Contact numbers for local taxi firms shall be kept at the premises and made available to customers when needed.

  Protection of Children

  A “Challenge 25” policy shall be adopted and enforced at the premises whereby any person who appear 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;

  PASS ID Cards; · Any other form of identification agreed with a representative of Lancashire constabulary 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 least once every twelve months. Said training will be documented and will be made available to an authorised officer upon request.

  All children will be under the supervision of their parent/guardian at all times whilst on the premises.

   

  General

   

  We will not partake in any irresponsible promotions that could lead to excessive consumption of alcohol.

   

  Free tap water will always be readily available at the premises.

   

   

• 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