Basement Live

171 Union Street, Oldham, Greater Manchester, OL1 1TA

Completed application 030093 which is a Change of Supervisor for Premises Licence from 27/06/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• the supply of alcohol

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.

   

   

  21              Mandatory condition: door supervision

   

  (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, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (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 (c. 12) (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

  (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.

   

  ADDITIONAL MANDATORY CONDITIONS

   

   

  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.

   

  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

   

  General - all four licensing objectives

   

  All staff and management are aware that we are here to prove our premises for the enjoyment and pleasure of those entering it.

  We have CCTV fitted inside and out with infa red fitted to all cameras so as to see in low level lighting. We can also monitor all patrons entering and leaving the premises and fully cooperate with the relevant authority when a CCTV recording is required.

  The management and staff are also aware of the Licensing Act 2003 and all relevant matters.

  We are also in the midst of trying to make The Lounge a members only venue.

   

  The Prevention of Crime and Disorder

   

  Three door personnel are employed at all times of opening who are SIA registered.

  CCTV on entrance.

  Very strict door policy and employ a over 25’s policy and cater for the older customers.

  Link to nite net and attend regular monthly licensing meetings.

  Drinking up time restricted to 30 mins after seesion end.

  Bar staff trained to very high standards and instructed not to serve any drunk or troublesome member of the public.

   

  Public Safety

   

  Management aware of Health and Safety and fire procedures.

  Risk assessment carried out on a nightly basis and management, security and staff are aware for the safety of customers including their own safety.

  Fire action sign displayed throughout the building and all fire escapes are lit up and clearly marked.

  Music system linked to fire alarm and fitted with an electronic cut off incorporated with the smoke alarms.

   

  The Prevention of Public Nuisance

   

  Three door personnel employed at all times to help in also assisting patrons when leaving the premises and to keep the public order down.

  CCTV monitoring customers when entering and also leaving the premises which is recorded.

  Music turned off strictly at the end of each session and drinking up time restricted to 30 mins and the bar is shut at a precise time.

   

  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.

   

  The licence holder or his representative shall take all measures that are reasonably practicable to ensure that the licensed activities at the premises do not cause a noise disturbance to any nearby noise sensitive properties.

   

   

  The Protection of Children from Harm

   

  As a rule from the nature of our business we never let children or minors on the premises. Only on the exception of a christening on a Sunday, when then the organiser of the event is told of the strict house rules of no persons under 18 being able to drink or he/she and parent/guardian will be asked to leave the premises. These functions will generally are finished for 4 to 5pm.

   

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

  It shall be a condition of the licence that during any regulated drinks promotion under this condition, the following conditions shall apply to the operators licence.

   

  ·              Consumption of alcohol must not be permitted within one metre of the bar;

  ·              One queue per bar should be formed of customers awaiting drinks.

  ·              The start of the queue must be at least one metre from the bar and must be marshalled by barriers and signage;

  ·              Consumption of alcohol must not be permitted whilst waiting in the queue;

  ·              In general, if a person leaves the queue, they must return to the rear, but operators may make provision for customers leaving the queue to go to the toilet;

  ·              At least one SIA licensed member of door staff should be assigned to each queue;

  ·              Alcohol can only be supplied over the bar (ie not table or waiter/ress service);

  ·              A person can queue to obtain drinks for themselves and one other person - no more than two drinks can be taken from the bar by each person in the queue;

   

  It shall be a condition of the licence that any regulated drinks promotion is brought to the attention of the Licensing Authority and Greater Manchester Police at least seven days in advance. In addition, for the duration of the regulated drinks promotion, the licence holder must commission Greater Manchester Police to provide two additional police officers for the purpose of patrolling the premises and its surrounding environs. A fee is payable for this to GMP at standard advertised rates.

  For the purposes of these conditions a regulated drinks promotion is any promotion, marketing, sale or supply of alcohol between 2100hrs and 0500hrs hours that:

   

  ·              Offers to supply alcohol for less than 75p per unit of alcohol; or

  ·              Offers to supply alcohol for the payment of a fixed fee (such as payment on the door); or

  ·              Offers to supply alcohol where the purchase of one drink results in the supply of a free drink or drinks; or

  ·              Offers to supply alcohol in return for tickets or vouchers purchased on the premises; or

  ·              Offers a discount to purchasers of alcohol exceeding 20% (either through promotion voucher published in advance or ticket/voucher purchased on the premises).

  A unit of alcohol is defined as the amount in millilitres multiplied by the amount of alcohol by volume (ABV) divided by 1000.

   

  It shall be a condition of this licence that during opening hours at least two SIA licensed door supervisors are employed at the premises.

   

  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              Alcohol shall not be sold or supplied unless it is paid for before

  Licensed Premises              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              No person under fourteen shall be in the bar of the

  1964 On-licence,               licensed premises during the permitted hours

  no children’s                             unless one of the following applies:

  certificate             

  (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.