Liverpool City CouncilLicensing & Public Protection

2nd Floor, 50 Brunswick Street

2nd Floor, 50 Brunswick Street, Liverpool, Merseyside, L2 0PL

Completed application 149961 which is a N/A for Premises Licence from 17/03/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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 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

   

  1)              Staff shall be trained in the contents of the premises licence, commensurate to their duties including times of operation, licensable activities and conditions where applicable to those duties.  Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised Police Officer.  The records will be retained for at least 12 months.
   

  2)              An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature.  The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.  The incident book shall be available for inspection at all reasonable times, when the premises licence is in operation, by an authorised Police Officer.  The records will be retained for at least 12 months.
   

  3)              These premises will deploy a minimum of two door supervisors from 22:00 were the premises opens beyond midnight.
   

  4)              The premises licence holder and/or designated premises supervisor shall ensure that the following details for each door supervisor are entered into a bound register kept for that purpose:

  a.              full name

  b.              SIA certificate number and or badge number, or registration number of any accreditation scheme recognised by the licensing authority (including expiry date of that registration or accreditation)

  c.              the time they began their duty

  d.              the time they completed their duty

  e.              the full details of any agency through which they have been allocated to work at the premises if appropriate.
   

  5)              All the above information must be restricted access and conform to the Data Protection Act (2018). 

  The register shall be available at all reasonable times to an authorised Merseyside Police Officer.  This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised Merseyside Police Officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request where the premises are opened beyond a year.
   

  6)              The premises licence holder and/or designated premises supervisor shall ensure door supervisors are properly briefed, trained and supervised to manage queues which may form to gain entry to the premises, in a safe and efficient manner.
   

  7)              If door supervisors are engaged in searching patrons, the premises licence holder and/or designated premises supervisor shall ensure that door supervisors of shall be fully trained in the correct procedures to conduct such searches.
   

  8)              There will be CCTV in operation at these premises during the hours the premises licence is in force.

  The premises licence holder will ensure that a CCTV system is fully compliant with the guidance contained in the information commissioner’s office (ICO) guidance document (www.informationcommissioner.gov.uk)

  Regarding installation of CCTV provided at the premises.  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, smoking areas, all areas where the sale, 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 Merseyside Police officer, and any authorised officer of Liverpool City Council’s Licensing Authority, on reasonable request for evidential purposes, in accordance with data 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 Merseyside Police Officer and any authorised officer of Liverpool City Council’s Licensing Authority.

  If the CCTV equipment breaks down the premises licence holder shall ensure the designated premises supervisor, or in his/her absence other responsible person, verbally or via email 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 failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay.  The licensing authority shall be informed when faults are rectified.

   

  9)              Any occasions when persons have been refused shall be recorded.  A register of refusals of alcohol will be maintained at the premises.

   

  10)              The register shall be examined on a regular basis by the duty manager/DPS and the date and time of each examination will be endorsed in the register.  The register will be made available for inspection to Merseyside Police.
   

  11)              All staff employed at the premises are to receive training before they commence the sale of alcohol.
   

  12)              Door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises.
   

  13)              Challenge 25 to be adopted. All members of staff at the premises shall seek credible, photographic proof of age evidence, from any person who appears to be under the age of 25 years and is seeking to purchase alcohol.  Such credible evidence which shall include photograph of the customer, will either be a passport, photographic driving licence or proof of age card, carrying a pass logo.  Training to be recorded in a register, records to be kept for a minimum of 12 months and made available to Merseyside Police.

   

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

   

  At the hearing on 7th March 2023 the Licensing Sub-Committee imposed the following conditions which were offered up by Cllr Small in his representation

   

  1.              A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:
  (a) the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,
  (b) The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder,
  (c) The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,
  (d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and
  (e) No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

   

  2.              No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

   

  3.              Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.

   

  4.              All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

   

  5.              Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

   

  6.              A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents in the vicinity and local councillors.

   

• Annex 4 - Plans

   

  See plan drawing number 04a-20-14, job number 20-14 dated 11th September 2014, which deposited with the premises licence application on 17th January 2023 and retained by Licensing and Public Protection.