Morning Star Inn

107 Grains Road, Shaw, Oldham, OL2 8HZ

Completed application 055099 which is a Minor Variation Application for Premises Licence from 03/07/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory 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

   

  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.

   

  CCTV

   

         CCTV shall be installed at the premises and maintained in good working order.

         All CCTV recoridng shall be kept for a munimum of 28 dyas and images provided to the Police or other Responsible Authorites on request.

   

  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.

           The need for door security woll be assessed b ythe Premises Licence HOlder and or DPS on a regular basis and SIA registered door staff will be employed when and where the risk assessment deems appropriate.

   

   

  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.

          The Premises Licence HOlder will adopt a zero tolerance policy towards illegal drugs within the premises.

  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.

           Staff will be trained in the need to avoid making any sale of alcohol to any person who is drunk.

           All staff will be encouraged to moniotr all customers entering and leaving 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.

          The Designated Premises Supervisor or his / her nominated representative will actively participate in the local Pub Watch scheme.

   

   

  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.

           The premises will undertake regular risk assessments in order to ensure so far as possible the safety of its customers.

   

  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.

           Fire safety equipment is maintained and certificated in accordance with the required standards and intervals.

   

  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 premises will have a first aid box on site

   

  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.

           Use of vermin proof bins

   

   

  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.

   

  There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly.  (Note, this may also include a reference to vehicles).

   

  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.

          The premises will operate a 'Challenge 21' Policyt by which any persons who are suspected of being under 21 years of age will be requested to produce evidence of ID. The only acceptable forms of identification will be a passport, photo driving licence and those carrying the PASS logo. Should this not be forthcoming of the ID produced considered unsatisfactory, the sale will be refused.

          Notices will be displayed in prominent positions at the premises indicating that the 'Challenge 21' Policy is in force.

          Staff training will include the Challenge / think 21 Policy and its operation.

  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.

           A refusals log book will be kept at the premises and will be made availabe for inspection by a Police Officer or other authorised officer upon request.

   

  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.

   

  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.

   

  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              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.