Oldham CouncilSir Robert Peacock House

Tara Sports & Leisure

Grains Road, Shaw, Oldham, OL2 8JB

Premises Licence PL0405 from from 04/08/2020 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premises 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 Licensing Act 2003 (Mandatory Licensing Conditions) Order 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.

   

  3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4.-(1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 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.

   

  (4)              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

   

  No drink shall be removed from the premises in an unsealed container. Persons who appear to be under the age of 18 years shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.

   

  The Prevention of Crime and Disorder

   

  There shall be provided at the premises door supervisors who are registered with the Security Industry Authority to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity. (Note. The conditions may have to be amended to include specific reference to times, dates and licensable activities and number of door supervisors dependant upon the representation(s) made by a responsible authority or the content of the operating schedule.) A written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:-

  ()       the door supervisor's name, date of birth and home address;

  ()       his/her Security Industry Authority licence number;

  ()       the time and date he/she starts and finishes duty;

  ()       the time of any breaks taken whilst on duty;

  ()       each entry shall be signed by the door supervisor.

  That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable. No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery. No drink shall be sold from a bar or by staff service or consumed in or on the premises other than in a container made from non-splintering plastic, paper or shatterproof glass.  No drink shall be removed from the premises in an unsealed container.  Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer's instructions.  Persons who appear to be under the age of 18 years shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card. Where the premises licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance to the premises where it is clearly visible to members of the public visiting those premises. Where the premises licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance to the premises where it is clearly visible to members of the public visiting those premises.

   

  Public Safety

   

  All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with non-slip even surfaces and shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.  External escape routes shall also be kept free from ice and snow.  Any door or gate in the premises which is not an exit door or gate shall have a sign bearing the word "PRIVATE" in block letters not less than 50 mm high.  The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.  At all times when the premises are used for the purpose of the *licence/or club premises certificate, the licence holder, a club official, manager or designated premises supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if requested to do so give that information to an authorised person. (*delete as appropriate)  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials. When the public, members or guests are present, the lighting levels in all parts of the premises shall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the emergency lighting in an emergency situation. (Note where the premises are a theatre or cinema, a complete or substantially complete blackout may be permitted for production reasons provided that the exit signs shall be kept lit at all times). Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.  The premises shall be provided with adequate lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.  A Registered Medical Practitioner shall be present at any sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.   Where the entertainment requires the provision of a ring, it shall be installed by a competent person who shall ensure that it is properly constructed and supported and all materials used in its construction are non-combustible. The Premises Licence Holder or the Club Premises Certificate Holder shall obtain a certificate from that competent person that the ring has been correctly constructed is fit for use and is constructed of non-combustible material. The Premises Licence Holder or the Club Premises Certificate Holder shall produce that certificate if required to do so to an Authorised officer of the Council or Greater Manchester Fire and Rescue Service. 

  Where the audience is seated around tables, the seating need not be fixed but both tables and chairs shall be arranged so that gangways are clearly identifiable and unobstructed.  The curtain and curtain guides shall be protected by a manually released drencher system arranged to spray the stage face of the curtain with water and to keep the curtain and its guides cool in the event of fire.  There shall be provided a clearly indicated duplicated hand release gear to lower the curtain and operate the curtain drencher system one of which shall be situated on the stage side of the curtain and the other on the audience side in a position where it is easily accessible to the fire service and authorised staff.  The method of opening any exit door or gate from the premises or enclosure(s) surrounding it shall be clearly displayed immediately above or below the fastening in white block lettering on a green background in letters not less than 50 mm high.  All fire instruction signs shall be illuminated so that they can be easily read at all times when the public, members or guests are present on the premises.  The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  The Prevention of Public Nuisance

   

  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 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. 

   

  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).

   

  A noise limiting device shall be installed, fitted and maintained in such a manner as to control all sources of amplified music at the premises. 

   

  Speakers shall be located and fixed within the premises in a manner so as to minimise disturbance arising from structure borne vibration.

   

  The licensed premises/club premises or the parts of the licensed premises/club premises edged in red on the attached plan of the premises may be open to the public/members of the club and their guests between the hours of (insert hours) on the following days (insert days).  (Note this condition will have to be re-drafted where the permitted hours are different on different days.)

   

  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. 

   

  Staff must be given adequate instruction to prevent them causing unnecessary noise when they leave the premises and prominent, clear notices displayed at all points where staff leave the building must instruct them to respect the needs of local residents and leave the premises and the area quietly. There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.  An alarm shall be fitted to (all external windows/fire doors) which alerts staff when (they/it) are opened without authorisation.  There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed, maintained and located /secured so that access to them by vermin and unauthorised persons is prevented and arrangements made for the regular disposal of their contents in accordance with the duty of care provisions (Section 34) of the Environmental Protection Act 1990.

   

  The Protection of Children from Harm

   

  No person under the age of 12 years, unless they are accompanied by a person over 18 years, shall be shall be permitted on the premises at any time between 10.00 p.m. and 7.00 a.m. when the premises are being used for the purposes of a licensable activity other than the supply of alcohol. 

   

  No person under the age of 18 shall be permitted on the premises after 8pm. 

   

  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.

   

• Annex 3 - Conditions attached after a hearing

   

• Annex 4 - Plans