Liverpool City CouncilLicensing & Public Protection

Overgrown

1 Arthouse Square, Liverpool, Merseyside, L1 4FB

Completed application 166841 which is a N/A for Premises Licence from 27/09/2024 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 as amended by Minor Variation received 29.8.24

   

  A rationalisation and condensing of all Annex 2 conditions to read as

  follows:

   

  THE PREVENTION OF CRIME AND DISORDER:

   

  1. Hotel guests will be able to avail themselves of room service when the bar is closed to the public.

   

  2. Staff shall also 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.

   

  3. An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature including:

                •the incident book 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 by an authorised police officer.  The records will be retained for at least 12 months.

   

  4. These premises will deploy a minimum of three Door Supervisors from 21:00 were the premises opens beyond midnight:

                • the deployment of further door staff will be risk assessed daily by the management of the venue.

                • all door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors.

                Door Supervisors on duty at the front door shall wear 'high visibility' clothing (such as a jacket or waistcoat).

   

  5. The premises licence holder and/or Designated Premises Supervisor (DPS) shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

                • full name

                • SIA registration number or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation)

                • the time they began their duty

                • the time they completed their duty

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

                •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.

                •the premises licence holder and/or DPS 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.

                •All persons entering the premises when door supervisors are on duty will be subject to a physical pat down search and metal detector scan.

                • when door supervisors are engaged in searching patrons of both sexes, the premises licence holder and/or DPS shall ensure that door supervisors of both sexes are on duty and that they               shall be fully trained in the correct procedures to conduct such searches.

                • all bags will be subject of a search.

                • 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.

                • where applicable, all Door Supervisors shall be capable of communicating instantly with one another by way of radio or other simultaneous system of communication.

   

  6. All persons entering the premises when Door Supervisors are on duty will be subject to a physical pat down search and metal detector (wand) scan:

                • all persons re-entering the premises must be subject of a metal detector scan and physical pat down before being allowed re-entry to the premises re-entry will include the front outside smoking area.

   

  7. A walk-through knife arch will be in operation from hours of opening until last admission on:

                • Friday/Saturday

                • Saturday/Sunday

                • Bank Holiday Sunday/Monday

                • Christmas Eve/Christmas Day

                • Boxing Day/27th December

                • New Year’s Eve/Day

                • for any external promotions on any days, they take place.

   

  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, any external seating or 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 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.

                • if the CCTV equipment breaks down the Premises Licence Holder shall ensure the DPS, 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.

   

  PUBLIC SAFETY:

  9. The Premises Licence Holder shall have a written policy with regard to the prevention of knife crime:

                •the Premises Licence Holder will have a dated documented risk assessment, which specifically addresses the risks of knife crime on the premises, and which shall be kept under regular               review.

                •this document shall be kept on the premises and be produced on demand to an authorised police officer.

   

  10. Any occasions when persons have been refused admission shall be recorded as soon a reasonably practical.

   

  11. A register of refusals of alcohol will be maintained at the premises:

                • 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.

                • all staff employed at the premises are to receive training before they commence the sale of alcohol.

   

  12. The Premises Licence holder and/or DPS shall ensure that any outside area included in the licence will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.

   

  13. There will be a fully stocked first aid box on site. There will be a trained first aider on site.

   

  PREVENTION OF PUBLIC NUISANCE:

   

  14. Sufficient Door Staff are to be positioned at the exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.

   

  15. The Premises Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment:

                •this person will also be responsible for instructing performers on the restrictions and controls to be applied.

                •no speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises, or in any lobby area that will project l              oud music externally.

                •the premises licence holder or nominated person shall be available at all times during regulated entertainment and who is responsible for cooperating and liaising with any relevant               responsible authority.

                •the Premises Licence Holder or nominated person shall carry out observations in the vicinity of the properties on Fleet Street on at least hourly intervals between 23:00 hours and 04:00               hours whilst the premises licence is being exercised in order to establish whether there is noise breakout from the premises.

                • if the observation reveals noise breakout at a level likely to cause disturbance to the occupants of properties in the vicinity, then the volume of music shall be reduced to a level that does not               cause disturbance.

                • record of such observations shall be kept in a log for that purpose, such a log shall be completed immediately after the observation detailing the time location and duration of the               observation, the level of noise breakout and any action taken to reduce noise breakout.

   

  16. The Premises Licence Holder or nominated person shall ensure that self-closing doors are not wedged open during regulated entertainment.

   

  17. The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment:

                • if the Local Authority receives noise complaints about the premises which are substantiated, then a noise limiting device shall be fitted to all amplification equipment within the premises.

                • all live and recorded music shall be channelled through the device(s), and 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.

                • the noise limiting device must be fully functional and in proper working order at all times during performances of live and recorded music.

                                     • the premises licence holder or nominated person shall ensure that the noise limiting device is sealed after commissioning, so that sound operators cannot override the system during the performance of live and recorded music.

                • if deemed necessary, the noise limiting device shall be reset to a level approved by the local authority through an authorised officer of the environmental health service.

   

  18. The Premises Licence Holder or nominated person shall erect and maintain suitable and sufficient conspicuous signage at the entrance to the premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused:

                • the Premises Licence Holder or nominated person shall control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate.

                • any patrons continuing to cause any disturbance, or disorder will be asked to leave the premises.

   

  19. A designated smoking area shall be for ‘smoking only’.

   

  20. If patrons are to be allowed to use the area for smoking, then the following conditions must apply:

                • any bottle or bin stores located near an external smoking facility shall be enclosed, where possible, or locked and secured.

                • the area must be permanently monitored by Door Supervisors and CCTV during opening hours to ensure that patrons do not cause a nuisance, patrons do not obstruct access to adjoining               premises.

                • the Premises Licence Holder or nominated person will take reasonable steps to prevent the consumption of any drinks in this area.

                • suitable receptacles will be provided for cigarette litter within the designated smoking area.

                • the area must be provided with suitable ashtrays/bins, the use of which is monitored by door supervisors.

                • the area must be regularly swept to remove cigarette ends.

                • arrangements must be made to prevent overcrowding or disorder on the square, particularly if patrons exiting towards the smoking area whilst others are queuing for entrance in/on the               square.

                • the premises licence holder or nominated person shall ensure that the smoking area is regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.

   

  21. The licence holder shall ensure that sufficient measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises:

                • where necessary, the premises licence holder shall ensure that adequate measures are in place to provide customers with sufficient receptacles for the depositing of waste materials such               as food wrappings, drinks containers.

                • the Premises Licence Holder, or nominated person, shall ensure that measures shall be put in place to remove litter or waste arising from customers and to prevent such litter from               accumulating in the immediate vicinity of the premises or neighbouring premises.

   

  22. The Premises Licence Holder shall ensure that all packaging provided with takeaway food is marked in some way as to show its point of origin.

   

  23. Where a mobile unit is regularly removed from site, the premises licence holder shall ensure that site is properly cleaned and that any accumulations of surface grease are properly cleansed and removed from the site.

   

  24. The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 08:00 hours or after 23:00 hours when the noise generated could cause a nuisance particularly outside the buildings.

   

  25. All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid (as in condition 19).

   

  26. The ‘collection and removal of litter’ shall be taken to include the satisfactory disposal of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.

   

  THE PREVENTION OF CHILDREN FROM HARM:

   

  27. Any persons under 18 are excluded from any entertainment of an adult nature.

   

  28. The premises will display signage about the laws relating to children and alcohol.

   

  29. All staff to receive training before they commence concerning underage sales of alcohol including (as in condition 2):

                • 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, proof of age card carrying               a Pass Logo or Ministry of Defence ID.  Training to be recorded in a register, records to be kept for a minimum of 12 months and made available to Merseyside Police.

                •no persons under the age of 18 are to be permitted on the premises after 21:00hrs daily.

                •persons under the age of 18 are to be accompanied by a responsible adult, at all times.

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not applicable

• Annex 4 - Plans

   

  See undated plan drawing numbers 001 Licence Plan and 002 Licence Plan Basement, deposited with the premises licence grant application received on 26th of July and retained by Licensing and Public Protection.