Burnley Borough CouncilLicensing Unit

Royal Dyche

45-47 Yorkshire Street, Burnley, Lancashire, BB11 3BS

Completed application 043339 which is a Variation Application for Premises Licence from 14/05/2021 to indefinite

Applicant(s)

Permitted Activities

• the supply of alcohol
• a performance of live music
• any playing of recorded music

Additional Conditions

•  

  ANNEX 1 - MANDATORY CONDITIONS

   

  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, or

  (b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

  Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  When a film is exhibited, admission of children to that part of the premises must be restricted in accordance with any recommendation made by the British Board of Film Classification in relation to that film.

   

  Use of door supervisors.

  Each individual in the premises who carries out a security activity must be licensed by the Security Industry Authority unless the premises or part of the premises where they are present is being used wholly or mainly as a restaurant or guest house, for theatrical performances or plays, or a Gaming Licence is for the time being in force in respect of those premises.

   

  The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

    (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 (other than any promotion or discount available to an individual

         in respect of alcohol for consumption at a table meal, as defined in section

        159 of the Act);

   

    (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;

   

    (d) provision of free or discounted alcohol in relation to the viewing on the

         premises of a sporting event, where that provision is dependent on-

   

             (i) the outcome of a race, competition or other event or process, or

            (ii) the likelihood of anything occurring or not occurring;

   

    (e) 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.

   

  The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  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 a holographic mark.

   

  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) customers are made aware of the availability of these measures.

   

   

   

   

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

   

  1.              All persons who appear to be under the age of 25 years shall be required to produce proof of age by way of the following:

   

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

  ·              Photo driving licence

  ·              Passport

  ·              Citizen card supported by the Home Office

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

   

  2.   A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  3.   All relevant staff will be trained in relation to the licensing objectives so as to reduce crime & disorder, promote public safety, prevent public nuisance and promote the protection of children from harm. Regular refresher training to be undertaken. All training will be documented and will be made available to an authorised officer upon request.

   

  4.   A colour CCTV system will be installed in the premises and will display on any recording the time and date of the recording and

   

  ·              The system will be operated during all permitted hours

   

  ·              The Camera's shall be sufficient in number to view any area for licensable activity and any exit/entry and the area immediately outside the main entrance.

   

  ·              Signs will be displayed in the premises to indicate that CCTV is in use.

   

  ·              The system is kept in a working order, is checked regularly and any faults are  rectified promptly.

   

  ·              Images and Recordings are being kept for 28 days and will be available to the police or other authorised authority promptly upon request and there are staff trained who are able to access and operate the system and provide downloads.

   

  ·              The recordings can be accessed and downloaded to another format ( e.g. a USB stick or DVD or other recognised format)

   

  5.              Prior to each occasion that licensable activities take place, a risk assessment will be carried out and an appropriate number of SIA registered door supervisors will be utilised at the premises in accordance with said risk assessment, which will be documented and made available to an authorised officer on request. Police advice on specific events will be considered when determining the use of SIA door staff.

   

  As a minimum, if the premises operate after midnight at least two SIA registered door supervisors will be utilised from 2200 hours until 30 minutes after the closing time of the premises.

   

   

   

  6.              When Burnley FC are playing matches at home then any advice offered by the local police or police licensing team in relation to opening times, the use of door staff and plastic / polycarbonate glasses is seriously considered.

   

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours are as stated in Part A and include;

  On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day, midnight on 31st December).

   

  The premises shall not allow any types of striptease, nudity or films above a certificate 15 to be shown in the presence of children.

   

  The Permitted Hours restrictions do not prohibit:

  (a) removed

  (b) removed

  (c) removed

  (d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (f) the sale of alcohol to a trader or club for the purposes of the trade or club;

  (g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (h) the taking of alcohol from the premises by a person residing there; or

  (i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

  (j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  Membership of the local pubwatch scheme shall be maintained.

   

  All external doors and windows shall be kept closed, allowing for normal entry and exit, whenever amplified music is being played.

   

  Signs requesting customers to respest the needs of the local residents and leave the premises and the area quietly, shall be prominently displayed at all exits.

   

  The designated premises supervisor shall control the level of amplified music so that noise emitted from the premises does not cause nuisance to nearby residential dwellings.

   

  Whilst Covid restrictions are in place we are not allowing anyone under the age of 18 in the premises.

  Once restrictions are lifted children are allowed in with a responsible adult and only until 7pm.

   

  There shall be no toleration of drugs.

   

  Perons highly intoxicated with drugs or alcohol shall not be served.

   

  The premises shall limit the times of live music in the additional outside area to 11.30pm in line with the licence for the beer garden. Live music technicians will make checks to ensure that equipment is set at a volume that is not liable to cause it to be nuisance at nearby residential premises.

   

  Recorded music in th outside licensed area shall not go on beyond midnight.

   

   

   

   

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

   

  Conditions removed following variation on 26/07/18 see amended conditions requested by police and agreed by applicant in annex 2.

   

   

• ANNEX  4 - Plan of Premises

   

  The official plan of the premises is attached and endorsed

Premises Plans

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