Burnley Borough CouncilLicensing Unit

40 Lyndhurst Road

40 Lyndhurst Road, Burnley, Lancashire, BB10 4DX

Completed application 053373 which is a New Application for Premises Licence from 23/06/2026 to indefinite

Applicant(s)

Permitted Activities

• 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. 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

   

  1. The premises shall install, maintain, and operate a CCTV system which will be in use during all times the premises is open to the public and will comply with the following requirements:

  a) The system will cover all internal public areas of the premises, and any external areas used by customers of the premises, including the emergency exits. The system will be capable of providing clear images and frontal identification of customers.

  b) The system will display the correct time and date and will be capable of time and date stamping any downloaded footage.

  c) The system will be capable of retaining recorded images for a minimum of 28 days.

  d) Whilst Licensable Activities are being carried out at the premises there must be a minimum of one member of staff who is conversant with the operation of the CCTV, this member of staff shall be able to access and review the footage.

  e) CCTV recordings shall be made available within forty-eight (48) hours upon receipt of a request by the Police and / or an Authorised Officer of the Licensing Authority (as defined by Section 13 of the Licensing Act 2003) and authorised officers from the Local Authority Trading Standards.

  Any retention, use, production to third parties or disclosure of personal information captured on CCTV must be carried out in line with data protection principles which shall override any conflicting element of these conditions.

  f) The premises will prominently display signage informing customers that CCTV is in operation at the premises.

  g) The premises licence holder will ensure an inspection of the system takes place at least once per calendar month to ensure compliance with these requirements. The date/time and findings of this inspection shall be held in writing at the premises and made available to the Responsible Authorities upon request. 

   

  2. Should any faults and failures be identified, the licence holder will ensure they are rectified as soon as possible and practicable.

   

  4. If any fault is identified, the hard drive or data storage device is to be retained for a period of 28 days.

   

  5. All persons engaged in licensable activities at the premises will receive training and information in relation to the following at the commencement of their employment:

   

  a)              The premises challenge 25 scheme, including the forms of identification that are acceptable

  b)              The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

  c)              The licensing objectives detailed under the Licensing Act.

  d)              How to complete and maintain the refusal register and incident logbook in operation at the premises

  e)              Identifying vulnerability and drunkenness within customers and how to refuse service to any person who is drunk, under-age, appears to be under-age, or appears to be making a proxy purchase

  f)              Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

  6. All training shall be recorded in either written or electronic format. This recording must include details of what the training consisted of (i.e. the content of the training), the date and time the training took place, the name and signature of the member of staff receiving the training & the name and signature of the person administering the training (in the case of paper training). All members of staff shall receive refresher training in relation to the above at least once per annum.

   

  7. A record of this staff training either in written or electronic format must be kept at the premises and made available for inspection by the Police and / or an Authorised Officer of the Licensing Authority (as defined by Section 13 of the Licensing Act 2003) and authorised officers from the Local Authority Trading Standards.

   

  8. An incident register either in written or electronic format will be maintained at the premises.  The register will record the date, time, nature of the incident and outcome of the incident and be kept in such a way that an officer inspecting will be able to view a minimum of the previous 12 months of entries and made available to the authorities on request.

   

  9. A “Challenge 25” or “Check 25” scheme will be adopted at all times at the premises.

   

  10. Posters shall be displayed in prominent positions around the till advising customers that a “Challenge 25” or “Check 25” policy is operated at the premises and details of the proof of age acceptable under the policy at the premises. 

   

  11. A system of electronic till prompts will be in operation at the premises and in use on every occasion that a sale is made for ALL age restricted products. 

   

  12. The only forms of identification that shall be accepted by the premises are:

  ·              UK Driving Licence

  ·              Passport

  ·              Official ID card issued by HM Forces or EU Member State bearing a photograph and date of birth of the holder

  ·              PASS ID Cards

  ·              Any UK Government approved digital ID

  13. A register of refusals either in written or electronic format of alcohol will be maintained at the premises. This will record the date, time, nature of the challenge and outcome of the challenge and be kept in such a way that an officer inspecting will be able to view a minimum of the previous 12 months of entries.

   

  14. The register will be made available for inspection by the Police and / or an Authorised Officer of the Licensing Authority (as defined by Section 13 of the Licensing Act 2003) and authorised officers from the Local Authority Trading Standards.

   

  15. An authorisation of alcohol sales form will be completed and will show all persons authorised to make sales of alcohol at the premises. The form will be signed and dated by the DPS and will be made available to the authorities on reasonable 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