Muse

Rear of 27 High Street, Uppermill, Oldham, OL3 6HS

Completed application 039734 which is a Variation Application for Premises Licence from 20/01/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• Annex 1 - 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.

   

  Mandatory Licensing Conditions from 1st October 2014

   

  1.-(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).

   

  2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.-(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 licence 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.

   

  4. The responsible person must 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;

  (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.

   

   

  The following conditions came into force on 28th May 2014

   

   

  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(a);

   

  (b) “permitted price” is the price found by applying the formula-

   

  P = D + (D×V)

  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(b).

   

  Annex 2 - Conditions consistent with the Operating Schedule

   

  GENERAL

   

  The store will apply a standard of operation which will ensure compliance with all four licensing objectives based upon factors more particularly outlined in sections (b) and (c)

   

  PREVENTION OF CRIME & DISORDER

   

  Where we will share intelligence and information with the local Police Officers, Police Licensing Officers and council Licensing Officers..

   

  We will have a robust drug policy and we will inform the Police immediately of any person suspected of using or being in possession of any illegal drug.

   

  Digital CCTV WILL be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale/ supply of alcohol occurs.

   

  Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in date order, numbered sequentially and kept for a period of 28 days and handed to Police or authorised person on demand.

   

  The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format ie DISC to the Police/Local Authority on demand.

   

  The Recording equipment/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational weekly log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

   

  PUBLIC SAFETY

   

  The store WILL comply with all Health & Safety legislation.

   

  We will carry out health & safety risk assessments and these will be available for inspection by an authorised person.

   

  As part of our Fire risk Assessment we will have maximum capacity figures for all floors and these will be strictly adhered to.

   

  THE PREVENTION OF PUBLIC NUISANCE

   

  All deliveries will be timed so as not to cause a nuisance to our neighbours.

   

  No waste will be removed from the store after 2300.

   

  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 between23.00and07.00hours.

   

  All external doors and windows shall be kept closed when entertainment is being provided, other than for access and egress and in the event of an emergency. If additional ventilation is subsequently necessary, then it shall be attenuated in accordance with a scheme submitted to the licensing authority.

   

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

   

  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.

   

  THE PROTECTION OF CHILDREN FROM HARM

   

  Children under the age of 18 using the premises WILL need to be accompanied by an adult after 2100hrs.

   

  We fully understand that children under 18 must not be served alcohol and separate non-alcoholic drinks will be supplied.

   

  The premises will adopt the Oldham Challenge 25 scheme. A strict challenge 25 policy will be introduced for any person entering the premises and appropriate ID will be requested. Any person who appears to be under 25 and does not have the required ID will be refused the sale of alcohol.

   

  In addition to the above regular checks will be made by staff of customers inside the venue to check valid ID and age of customers.

   

  Annex 3 - Conditions attached after a hearing by the licensing authority

   

                       That any recorded music played outside the premises will only be played via the single ‘adastra’ speaker situated on the wall of the licensed premises;

                       The external speaker will be turned off between the hours of 23.00 and 10.00;

                       If any other regulated entertainment is taking place inside the licensed premises all doors and windows will be closed whilst the regulated entertainment is taking place save for access and egress;

                       Whenever regulated entertainment is taking place, regular assessments shall be made of any noise emanating from the premises, by an appropriate member of staff. Wherever said assessments indicate that noise is likely to cause a nuisance to any residents or businesses in the area, steps will be taken to reduce the level of noise;

                       Outside heaters to be switched off at Midnight;

                       At Midnight all external lights to be switched off, save for one spotlight that will assist with customers leaving the premises and the decorative lights;

                       All customers will be encouraged to come inside the premises at Midnight;

                       Notices will be displayed asking customers to leave the premises quietly, respecting the needs of residents living nearby;

                       Recorded music provided by a DJ inside the premises to cease at 11PM;

                       After 11PM the only music played inside the premises to be background music;