Liverpool City CouncilLicensing & Public Protection

Yukti

381-387 Prescot Road, Old Swan, Liverpool, Merseyside, L13 3BS

Completed application 131538 which is a N/A for Premises Licence from 04/04/2018 to 16/03/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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.              Minimum of one high resolution, minimum of 450tvl colour day/night camera, complete with an auto iris vari-focal lens, fitted in a heated weatherproof external housing, for external coverage of entrances.

   

  2.              Minimum of one high-resolution colour camera complete with an auto iris vari-focal lens shall be fitted to cover each public entrance/exit. Door entrance cameras must be capable of providing good quality head and shoulder images of person’s entering/leaving the premises.

   

  3.              There must be sufficient cameras able to cope with the normal operating illumination, located within the premises to cover all public areas.

   

  4.              Lighting in the foyer and outside must be of sufficient brightness to complement the quality of the camera images.

   

  5.              In addition to the control equipment an additional high-resolution 15” monitor must be sited in or near the bar area or foyer entrance. This will give customers and staff visible reassurance on the installation and quality of images provided.

   

  6.              All equipment shall have constant time/date generation, which, must be checked, for accuracy on a daily basis.

   

  7.              DVD SYSTEM

   

  8.              Although it will be acceptable for images to be recorded using conventional time lapse analogue video recorders, it is recommended that if a digital multiplex recorder is installed it must meet the following requirements:

   

  9.              The unit shall have an on board CD/DVD re-writer, for evidence recovery.

   

  10.              If a CD/DVD is used to transfer the digital CCTV images from a digital hard drive CCTV system then a write once CD-R/DVD-R medium must be used. The disc containing the recorded images needs to be able to be played back on either Windows 2000 Professional or Windows XP.

   

  11.              The playback software needs to written to the CD-R/DVD-R at the same time of writing the CCTV images. This software must be able to playback the images at full screen resolution with forward, reverse replay, including pause and slow motion.

   

  12.              There must be a ‘SAVE AS’ feature so that a still image can be saved and exported to an external system in either BITMAP or a JPEG format.

   

  13.              The system must be capable of downloading/copying all the stored CCTV footage to another medium in its native format. I.e. an external hard drive that can be played back via a windows based computer.

   

  14.              Proprietors must contact the Data Commissioner to register the CCTV system under the Data Protection Act if the cameras move and are capable of recording different public locations. Static cameras that are used for general observations do not need to be registered. The Data Commissioner can be contacted on Helpline 01625 545740 or the website at www.dataprotection.gov.uk <http://www.dataprotection.gov.uk> or www.ico.gov.uk <http://www.ico.gov.uk>.

   

  15.              There shall be sufficient members of trained staff available during the hours of operation to be able to download evidence at the request of the police or an authorised officer.

   

  16.              CCTV warning signs shall be fitted in public areas and at the entrance to the premises. This will only need to be of A4 size.

   

  17.              The installing company must provide a certified letter of compliance to the specification, a copy of which must be provided to the Licensing Authority and the Police

   

  18.              The CCTV system must be maintained and checked every twelve months, with the installing company producing a letter of compliance. The installing company must supply a test recording to the area CCTV Investigation Unit to ensure that the images provided meet the required evidential standards. The unit can be contacted on 0151 777 4890/1.

   

  19.              Recordings must be kept for a minimum of 31 days. This period may be reduced for premises that have a large number of cameras, long recording times with high-resolution recordings that will make it impossible for the premises to adhere to the 31 days. Police Licensing Section must be consulted in these circumstances.

   

  20.              Recordings of incidents at the premises must be protected and made secure for inspection by the Police. Any recordings taken by the Police must be signed for with the name and station of the officer concerned.

   

  21.              An Authorised Officer may at any time request a recording. Failure to comply with this request will be regarded as a serious breach of this condition.

   

  22.              Unauthorised persons should not be allowed access to the system or allowed to view personal data as it could contravene the Data Protection Act or compromise any criminal investigation

   

  23.              The Designated Premises Supervisor or Premises Licence holder must be able to demonstrate that they have devised a recording management system that prevents recordings being tampered with, stolen, misplaced or failure to record. Recording equipment shall be housed in a secure room/cabinet where access and operation is strictly limited to authorised persons.

   

  24.              In the event of a system malfunction, the Designated Premises Supervisor or Premises Licence Holder must immediately notify the Licensing Authority 0151 225 3478 and Police Licensing Department 0151 777 4830 or 07725 141915. Details of this malfunction must be recorded in the premises incident book. Arrangements for its repair must be made without delay. The Licensing Authority and Police Licensing must be notified when the system is again operational.

   

  25. No adult entertainment at any time.

   

  26. Alcohol to be removed from the premises in sealed containers only.

   

  27. Notices asking customers to leave quietly.

   

  28. Any external seating to be monitored by staff and not used after 8.00 p.m. and kept clean and tidy at all times.

   

  29. DPS to conduct regular risk assessments of noise coming from the premises and to take staps if it disturbs neighbours. No extrnal speakers.

   

  30. Premises to have house rules for children and to be the responsiblilty of the DPS. Challenge 21 scheme in place. Persons under 21 to produce recognised photographic proof of age cards.

   

   

•  

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

   

  Not applicable

•  

  Annex 4 - Plans

   

  See unreferenced plan deposited with the premises licence Minor Variation application dated 28th January 2013 and retained by the Licensing Unit.