Burnley Borough CouncilLicensing Unit

Fusion

77 Hammerton Street, Burnley, Lancashire, BB11 1LE

Premises Licence PLA0485 from from 02/12/2025 to 02/01/2027

Licence holder(s)

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• 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. 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

   

  Crime & Disorder

  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.

  b)              The system will cover all entrances and exits and be capable of capturing a head and shoulders image of all persons entering the premises.

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

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

  e)              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, review and provide the footage to the requesting officer in the requested format.

  f)              Any requests from the Responsible Authorities for footage from the system must be resolved within 48 hours unless agreed in writing with the requesting officer.

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

  h)              An inspection of the system must take place at least once per calendar month to determine that it complies with the above, 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.

  i)              The CCTV system shall be inspected at least once per week to determine if it complies with the above. Should any faults and failures be identified the premises must notify Police and Licensing Authority within 24 hours, all faults and failures must be rectified within 72 hours. If any fault is identified, the hard drive or data storage device is to be retained for a period of 28 days.

   

  The premises shall operate a “last entry” policy which determines that no new customers will be permitted to enter the premises beyond one hour before the end of the permitted opening hours of the premises.

   

  The premises shall have a written ejection and dispersal policy it shall detail the actions of all door supervisors and responsible persons at the premises should they need to eject any persons from the premises and what actions are required to ensure persons disperse from the immediate area. This policy shall be reviewed no less than once per annum and made available to Responsible Authority Officer or Police Officer on request.

   

   

  The premises shall have a written patrol plan for any door supervisors employed at the premises, it must formally document when and where door supervisors conduct patrols of all areas open to the public whilst licensable activity is being undertaken, the policy must be agreed by all door supervisors who work at the premises. This plan shall be reviewed no less than once per annum and made available to a Responsible Authority Officer or Police Officer on request.
   

  All door supervisors will be equipped with body worn video cameras whenever they are on active duty. Door supervisors will be trained to record any incidents with these cameras and where images of incidents are recorded, they will be retained for a minimum of 28 days and provided to an authorised officer upon request, so long as said request is made in the accordance with the principles of the Data Protection Act or any subsequent or alternative legislation. Following a request for images from body worn video cameras, 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).

   

  The premises is to have in place a written door policy, this shall formally document how and when door supervisors search customers upon entry. It shall be a condition of entry that customers consent to being searched and signs to that effect will be prominently positioned at the entrance to the premises. This policy shall be reviewed no less than once per annum and made available to a Responsible Authority Officer or Police Officer on request.
   

  An incident record book shall be kept on the premises to record any notable incidents, such as a report of crime and disorder, evidence or suspicion of drug related activity and any requests made for persons to leave the premises. The log should record the date and time, the nature of the incident and the person recording it, the outcome or action taken and a police log number if appropriate. Entries should be completed as soon as possible and, in all cases, no later than the close of business on the day of the incident. The premises licence holder will endorse this incident record book at least once per calendar month and record their name, signature, time and date of this endorsement in the incident record book. The written record shall be available for inspection by a Responsible Authority Officer or Police Officer on request.

   

  The premises shall have a written drugs policy which shall determine what steps the premises shall undertake to minimise the possession and use of controlled drugs within the premises along with the storage and safe disposal of any found, confiscated, and surrendered drugs. The policy shall be reviewed at least once per annum and made available to a Responsible Authority Officer or Police Officer on request.

   

  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. Staff will also be trained on the current licensing objectives detailed under the Licensing Act.

  c)              How to complete and maintain the refusal register and incident log book in operation at the premises

  d)              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

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

   

   

  All training shall be recorded in writing. 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. All members of staff shall receive refresher training in relation to the above at least once per annum.

   

  A record of this staff training must be kept at the premises and made available for inspection by the Local Authority Licensing Officer, any Police Officer or a member of staff from the Local Authority Trading Standards.

   

  Metal detector arches shall be used at the main entrance to deter and detect weapons or prohibited items.

   

  The premises shall operate a zero-tolerance policy towards drugs, violence or antisocial behaviour, with clearly displayed signage and swift ejection procedures.

   

  The premises shall maintain regular liaison with local police and licensing officers to ensure data sharing, cooperation and review of any security concerns.

   

  Staff shall be trained in conflict resolution.

   

  Public Safety

   

  Prior to any licensable activity taking place, the premises will conduct a risk assessment into what requirements there are for SIA accredited door staff to be engaged. This risk assessment will be recorded and produced to a Responsible Authority Officer of Police Officer on request.
   

  Where the premises are open and carrying out licensable activities on a Friday and Saturday evening, the number of door supervisors employed at the premises will be as follows:

  a)              a minimum of two door supervisor employed from 22:00hrs until 30 minutes after the close of business or until the immediate vicinity of the premises has been cleared of customers, whichever is the later. Whenever the premises is open beyond 00:00hrs the minimum number of door supervisors shall increase to three, whenever the premises is open beyond 02:00hrs the minimum number of door supervisors shall increase to four.
  

  All door supervisors on duty at the premises shall wear a brightly coloured and reflective vest or jacket.

  The premises is to have an effective communication system in place to allow staff to communicate directly with any door supervisors employed at the premises.

  The premises shall have and maintain a door supervisor logbook which shall record the following details of all people undertaking the role of door supervisor:

   

  a)              Full name & Signature

  b)              Security Industry Authority Licence number

  c)              The time and date they start and finish working at the premises along with a signature of the door supervisor.

  d)              The name of the company which have provided the door supervisor.

   

  The logbook shall be signed off by the DPS at least once per calendar month and shall be made available to the Responsible Authorities upon request.

   

  Fire safety measures, including a fully maintained fire alarm system, emergency

  lighting, fire extinguishers, and illuminated emergency exit signage.

  •               Capacity management through counters or clicker systems and

  adherence to a maximum occupancy limit based on fire risk

  assessment.

  •               Clearly marked and unobstructed fire exits with accessible escape

  routes and regular evacuation drills for staff.

  •               Employment of trained first aiders on site during events, with

  accessible first aid kits.

  •               Electrical and structural safety checks carried out at regular intervals

  by qualified professionals, with certification retained on file.

  •               Staff training in emergency procedures, crowd control, evacuation

  protocol, and accident reporting.

   

  Public Nuisance

  1.              The premises shall operate in accordance with a Noise Management Plan (NMP) approved by Environmental Health. The NMP must be submitted and agreed prior to the commencement of licensable activities.

  2.              The NMP shall be reviewed annually or whenever there is a material change to the premises, its operation, or surrounding environment. Any revised plan must be approved by Environmental Health before implementation.

  a.              The NMP shall include:

  i.              Identification of all potential noise sources (music, patrons, deliveries, smoking areas).

  ii.              Maintaining the fabric of the building to minimise noise leakage

  iii.              Control measures for amplified music e.g. orientating main sound systems away from nearest noise sensitive receptors and implementation of locked sound level presets commissioned by a competent engineer and based on noise level checks at the nearest noise sensitive receptors.             

  iv.              Management of external areas, including time restrictions and signage.

  v.              Procedures to prevent noise breakout i.e. where the main entrance door is required to remain open during regulated entertainment, an acoustic lobby shall be provided and maintained so that internal lobby doors remain closed except for access and egress. All windows shall remain closed during regulated entertainment.

  vi.              A dispersal policy to minimise disturbance when patrons leave to include measures for reducing music volume, managing customer exit, signage, preventing congregation outside, and directing patrons to transport links.

  vii.              Measures for scheduling deliveries, waste disposal and collection in order to avoid excessive noise during night-time hours.

  viii.              Complaint handling procedures, staff training and contact details for residents.

  3.              Noise levels shall be regularly monitored 1metre from the façade of the nearest noise sensitive receptor during regulated entertainment and records kept for inspection by the Environmental for a minimum of 12 months. For indoor amplified and live music noise level maximums, at 1metre from the façade of the nearest known noise sensitive receptor should not exceed.

  45dB - nighttime hours of 23.00 - 07.00

  55dB - daytime hours of 07.00 - 23.00

  4.              A log of all noise complaints and actions taken shall be maintained and made available to the Licensing Authority or Environmental Health upon request.

  5.              No amplified or live music shall be played in any external area

  External security patrols and presence shall be in place at close to monitor noise, littering, and antisocial behaviour outside the premises.

   

  Waste and litter management procedures shall be in place at the premises to include cleaning of the premises frontage and the nearby area after events.

   

  Protection Children from Harm

  The Challenge 25 scheme will be adopted at all times at the premises.

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

  UK Driving Licence

  Passport

  Citizen Card provided by the Home Office

  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 other form of identification agreed in writing by a representative of Lancashire Constabulary Licensing Unit including digital ID.

  Events open to the public after 8pm are strictly 18+ unless otherwise

  risk-assessed and agreed with the licensing authority.

   

  Children shall only be permitted on-site during private functions (e.g.,

  weddings) held in appropriate settings and hours.

   

  Clear signage and controls shall be in place during adult-themed events,

  which will never allow child access.

   

  Staff awareness training in safeguarding shall be in place, including how to respond

  to welfare concerns or signs of neglect or abuse.

   

  No adult entertainment or sexually explicit performances shall be permitted

  on site.

   

   

   

   

• 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