Liverpool City CouncilLicensing & Public Protection

31 Castle Street

31 Castle Street, Liverpool, Merseyside, L2 4TA

Completed application 161122 which is a N/A for Premises Licence from 27/03/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

               

  Supply of Alcohol

   

  1.              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.

   

  2.              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  3.               (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).

   

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

   

  5.              (1)  The premises licence 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.

   

  6.  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.

   

  7. Prohibition on Sale of Alcohol below Cost of Duty plus VAT             

   

  (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 x V)

     

                                 Where -

   

  (i) P is the permitted price,

  (ii) D is the rate 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) “valued 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)              (a) Sub-paragraph (b) below 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.

   

  (b) 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.

   

  Exhibition of Films

   

  1.              Admission of children to the exhibition of any film is to be restricted in accordance with the recommendations made by the specified film classification body.

   

  2.              Where -

  (a)              the film classification body is not specified in the licence, or

  (b)              the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

   

                admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  3.              In this section -

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Door Supervision

   

  1.              Any person(s) required to be on the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or be entitled to carry out that activity by virtue of Section 4 of that Act.

   

• Annex 2 - Conditions consistent with the Operating Schedule

   

  CCTV

  1.              The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the information Commissioners Office (ICO) guidance document regarding installation of CCTV provided at the premises

  2.              CCTV shall be installed at the premises in the form of a recordable system, capable of providing clear, good quality images in all lighting conditions. Cameras shall encompass all entrances and exits to the premises, any external seating or smoking areas, all areas where the supply or consumption of alcohol occurs and all other areas where licensable activity takes place. Equipment shall be maintained in good working order and checked on a regular basis to ensure it displays the correct time and date. The system shall record in real time and operate whilst the premises are open to the public. The recordings shall be retained for a period of 31 days and made available to any authorised officer on reasonable request for evidential purposes, in accordance with Date Protection Legislation. The Recording equipment shall be kept in a secure environment under the control of the Premises Licence Holder or other responsible named individual. There shall be sufficient members of trained staff available to be able to download or view CCTV evidence with the minimum of delay at the reasonable request of an authorised officer.

  3.              If the CCTV equipment (including any mobile units in use at the premises) breaks down the Premises Licence Holder shall ensure the DPS or in his/her absence other responsible person, verbally informs the Licensing Authority as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and shall include the time, date and means this was done and to whom the information was reported. Equipment failure shall be repaired or replaced as soon as is reasonably practicable and without undue delay. The Licensing Authority shall be informed when the faults are rectified
   

  Door Staff

  4.              On all occasions when the premises opens to the public beyond 24:00 hours for the provision of licensable activities, a minimum of 2 door staff shall be on duty from 2200 hours until close. The Licence Holder or nominated representative will continually risk assess the requirement for extra door staff when required.

  5.              All door staff to sign on and off duty in a register kept specifically for that purpose.

  6.              All entries to be countersigned by the Designated Premises Supervisor or their nominated deputy.

  7.              A separate register is to be kept exclusively to contain the name, address, date of birth, full badge number and photograph of all door staff.

  8.              All door staff to be clearly identifiable by a high visibility armband or other obvious identifying feature.
   

  Drugs

  9.              A zero tolerance drugs policy shall be adopted by the premises. There will be a clear policy for the handling, packaging and storing of seized items. The venue will work with the police and install a strongbox in the venue within a secure office for the storage of drugs.

  10.              The Premises Licence Holder or nominated person shall ensure that security arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. The date and times of all checks to be recorded in a bound book kept for that purpose and be available on request from an authorised officer of the Licensing Authority or Merseyside Police. Signage shall also be placed in the toilet areas advising patrons that checks are conducted regularly.
   

  11.              The Premises Licence Holder or nominated person shall ensure that a clearly visible notice is displayed advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.
   

  12.              The venue will participate in the local Pubwatch scheme.
   

  13.              The venue will not hold underage events.
   

  14.              The venue will risk assess the use of plastic/polycarbonate glasses, especially on busy nights.
   

  15.              Staff will be well trained in asking customers to use premises in an orderly and respectful manner.
   

  16.              Sufficient lighting to promote public safety.
   

  17.              Well trained staff adherence to environmental health requirements.
   

  18.              A log-book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The log book shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.
   

  19.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations, will be maintained at all times in good order and in a safe condition.
   

  20.              Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
   

  21.              Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
   

  22.              The Licensee will ensure that staff who arrive early morning or depart late at night (ex. for unpacking, pricing newly delivered goods) when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.
   

  23.              Customers will be asked not to stand around loudly talking in the street outside the premises. Customers will not be admitted to premises above opening hours.
   

  24.              The movement of bins and rubbish outside the premises will be kept to a minimum between 11.00pm & 6am. This will help to reduce the levels of noise produced by the premises.
   

  25.              Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents.
   

  26.              "Challenge 21" policy which is a retailing strategy that encourages anyone who is over 18 but looks under 21 to carry acceptable ID (a card bearing the PASS hologram, a photographic driving license or a passport) if they wish to buy alcohol. Well trained staff about requirement for persons' identification, age establishment etc.
   

  27.              Any person under the age of 18 will only be allowed on the premises if accompanied by an adult and whilst consuming a meal.
   

  28.              All under 18s must be off the premises by 10pm.

   

  Conditions agreed with the EHO
   

  29. All windows and external doors shall be kept closed after 2300, except for the immediate access and egress of persons.

   

  30.              Speakers shall not be located/operated in entrance lobbies or outside of the premises.

   

  31.              If the Council receives noise complaints about the premises which are substantiated, then a noise limiting device shall be fitted to all amplification equipment within the premises. The noise limiting device shall be set to a suitable level, in conjunction with the Environmental Health Service, in order to prevent a statutory noise nuisance from occurring.

   

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

   

  Not applicable

   

   

• Annex 4 - Plans
  
  See plan drawing number 532-03-001 Rev A  dated 8th February 2022, deposited with the premises licence application and retained by Licensing and Public Protection.