Black Swan Hotel

13 Bottom O'Th Moor, 13 Bottom O'Th Moor, Mumps, Oldham, OL1 3HH

Completed application 056559 which is a Cancellation/Surrender for Premises Licence from 29/11/2012 to 08/08/2017

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• LICENSING ACT 2003

   

  MANDATORY CONDITIONS

   

   

   

  19              Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.

   

  (2)              The first condition is that 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.

   

  (3)              The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  ADDITIONAL MANDATORY CONDITIONS

   

  The following conditions shall come into force on 6th April 2010

   

  1.              (1) 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.

   

  (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 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.

   

  2.              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).

   

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

   

  The following conditions shall come into force on 1st October 2010

   

  4.              (1) 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.

   

  (2) 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.

   

  5.              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 consistent with the Operating Schedule

   

  Prevention of Crime and Disorder

   

  The following potential issues have been identified:

   

  Responsible Promotions

  External Factors

  Door Supervisors

  Internal Factors

  Glass Control

  Pubwatch

   

  Responsible Promotions

   

  At J W Lees we recognise the need to drink responsibly.  All promotional activity will accordingly comply with industry agreed codes of practice.

   

  External Factors

   

  Customers leaving the premises will be requested to leave in a quiet and orderly manner.

   

  Door Supervisors

   

  Generally due to the nature of J W Lee’s pubs door supervisors are not required.  In the unlikely event that disorder within the area increases the Designated Premise Supervisor will bear in mind the benefits of hiring door supervision.

  Licensees are encouraged to closely monitor all customers entering and leaving our premises.

   

  Internal Factors

   

  With regard to drugs: any person found using drugs will be removed from the premises.  Any person found to be dealing drugs will be detained and the Police informed immediately.  Drugs seized will be handed over to the Police.

  Licensees are provided with a risk assessment file, which identifies the hazard of dealing with incidents of disorder.

  We encourage vigilance among staff to supervise customers in all parts of the premises.

   

  Glass Control

   

  The general environment and level of supervision and regular glass collections is considered sufficient to prevent dangers arising from the use of bottles or glasses as weapons.

  Keeping premises and surrounding areas tidy.

   

  Pubwatch

   

  All our licensees are encouraged to be members of their local pubwatch scheme.  As a company we have been instrumental in setting up schemes in certain areas.

   

   

  Public Safety

   

  The following potential issues have been identified:

   

  Risk Assessment

  Fire

  Electrical Installation

   

  Risk Assessment

   

  Consultation with local Fire Authority and other responsible authorities.

  Ensuring that Public Liability Insurance is in place.

   

  Fire

   

  Maintaining emergency exits unlocked and clear at all times.

  An adequate number of fire exits are provided and clearly marked and maintained to readily afford ample means of safe escape.

  Means of escape and passageways and gangways will be kept clear and unobstructed during the whole time the premises are used for licensable activities.

  No fire door shall be held open other than by approved devices.

  In the event of an outbreak of fire, irrespective of the severity, the fire brigade shall be immediately called to the premises.

   

  Electrical Installation

   

  Adhere to fire regulations.

  Temporary electrical wiring installations shall only be undertaken by competent qualified persons.  Where this is not practicable all temporary electrical lighting shall be inspected and certified by a competent qualified person before it is put to use.

   

  The Prevention of Public Nuisance

   

  The following potential issues have been identified:

   

  Nuisance from outside.

  Nuisance for persons dispersing.

  Other nuisance.

   

  Nuisance from outside

   

  Permitting outdoor drinking and eating only in defined areas.

   

  Nuisance from persons dispersing

   

  The company are mindful of the concerns of residents and will take all reasonable steps to prevent nuisance.

  Display of telephone numbers for taxi firms in a prominent location and provide other facilities for customers to order cabs.

   

  Other nuisance

   

  Removal of glassware and regularly cleaning and clearing tables where outside drinking takes place.

  Provision of secure facilities for empty glass containers.

  Cleaning area around the premises on a regular basis.

  Ensuring refuse is removed regularly and in a manner sensitive to needs of local residents.

   

  Where flyers are used by premises, the premises shall be responsible for the removal of any discarded flyers from public areas. Where large numbers of flyers are found in public areas relating to the premises and the premises does not remove them without delay, they shall meet the cost of removal by the Council.

   

  Posters advertising the premises or acts/events at the premises shall not be fixed to any building or structure without permission of the owner and planning permission where necessary.

   

  For premises where entertainment frequently takes place, music and associated sources (including DJs, and amplified voices) should generally not be audible inside noise sensitive property at any time. Where entertainment takes place less frequently, such noise should not be audible inside noise sensitive property between 23.00 and 07.00 hours.

   

  All children under the age of 16 should be off the premises by 10:30pm at the very latest, save for private family functions held in a separate function room.

   

  All children should be accompanied and supervised by an adult whilst on the premises.

   

  The Protection of children from harm

   

  The following potential issues have been identified:

   

  Sale to under 18’s.

  Under 18’s in the premises.

   

  Sale to under 18’s

   

  Displaying prominent signage about the laws relating to children and alcohol.

  Making customers aware of the law involving sales and purchases of alcohol on behalf of children.

  Insisting that anyone who appears to be under 18 must produce ID or a proof of age card.

  Suitable ID includes: passport, photo card driving licence, citizen card.

   

  Under 18’s in the premises

   

  No children under 18 are to enter the premises (expect accessing toilet facilities) unless accompanied by an adult.

  All staff are aware to report any suspicious behaviour to the premises management.

  We support the Portman Group code of practice which aims to ensure that drinks are package and promoted to over 18’s only, and in a socially responsible way.

   

  Summary

   

  J W Lees are a sixth generation family company who take great pride in working closely with the local authorities for mutual benefit.  It is the intention of J W Lees to offer people the opportunity to socialise in an enjoyable , friendly and safe environment.  We fully understand our responsibilities of retailing alcohol and have been active supporters of local and national initiatives to curb anti-social behaviour and promote sensible drinking.

   

   

  Annex 4 - Embedded Conditions

   

  On-licences             

   

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

  In this condition, permitted hours means:

  g.              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 existing restrictions do not prohibit:

   

  (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.

   

   

  S.166 LA 1964

  Licensed premises             

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

  (a)              with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  (b)              for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  (c)              to a canteen or mess.

   

   

  S.168, 171, 201 LA 1964

  On-licence, no children’s

  certificate             

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

                (1)              He is the child of the holder of the premises licence.

                (2)              He resides in the premises, but is not employed there.

  (3)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  (4)              The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.