Muse 2

23-25 High Street, Uppermill, Oldham, OL3 6HS

Completed application 047951 which is a Variation Application for Premises Licence from 18/04/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the supply of alcohol
• an exhibition of a film
• a performance of dance

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.

   

  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

   

  (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

   

  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.

   

   

  Annex 2 - Conditions consistent with the Operating Schedule

   

  General

   

  The premises have previously operated under this licence however this application now includes proposals for additional conditions below.

   

  The Prevention of Crime and Disorder

   

  1.   A digital CCTV system with recording equipment shall be installed covering the main areas of the interior of the premises and shall be maintained.  All recordings used in conjunction with CCTV shall:

                              a)   be of evidential quality and all lighting conditions;

                              b)   indicate the correct time and date; and

                             

   

  A member of staff trained to use the system shall be on duty at all times, as a recorded image must subject to the current guidance of the Information Commissioner on the use of CCTV be available for inspection and downloading onto disc or such other format upon request by the Police and Officers of Responsible Authorities.

   

  All images downloaded from the CCTV system must be provided in a form that can be viewed on readily equipment without the need for specialist software.

   

  In the event of technical failure the management will make arrangements for an engineer to be called to the premises to repair the system without delay.

   

  2.   Other than to any licensed external seating areas associated with the premises, no open vessels of alcohol will be allowed to leave the premises.

   

  3.   Door supervisors shall be employed at the premises on occasions as deemed necessary by the premises management following a risk assessment.

   

  Public Safety

   

  The premises licence holder will comply with all relevant health and safety legislation.

   

                       No refuge will be collected from the premises after 23.00 and before 07.00 am

                       Any external speakers will be turned off between the hours of 23.00 and 10.00 am

                       If any regulated entertainment is taking place inside the licensed premises after 23.00 all external doors and windows (with, for the avoidance of doubt, the exception of glazed bifold doors providing access and egress between the external seating area with retractable canopy and the remaining external terrace)

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

                       All customers in the external terrace will be encouraged to come inside the premises, or into the external seating area with retractable canopy at midnight.

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

   

  The Protection of Children from Harm

   

                       A Challenge 25 Scheme shall operate at the premises.  Any person who appears to be under 25 years of age shall not be sold alcohol unless they produce an acceptable form of identification (passport, photo card, driving licence, Armed Forces identity card or PASS accredited card)

                       Challenge 25 notices will be displayed in prominent positions at the premises.

                       Staff who are required to undertake the sale and service of alcohol shall receive regular training in responsible alcohol retailing.