L icensing act 2003




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L

ICENSING ACT 2003


PREMISES LICENCE
Cyngor Sir Ceredigion County Council

P

PRM 0311 (Issued 07/01/2013)

remises licence number

Part 1 - Premises details


Postal address of premises, or if none, ordnance survey map reference or description
WHY NOT BAR & LOUNGE,

UPPER GREAT DARKGATE STREET,

Post town

ABERYSTWYTH

Post code

SY23 2LJ

Telephone number


01970 623 963


Where the licence is time limited the dates


LICENCE NOT TIME LIMITED

lICW



Licensable activities authorised by the licence
REGULATED ENTERTAINMENT:

LIVE MUSIC.

RECORDED MUSIC.

PERFORMANCES OF DANCE.

ANYTHING OF SIMILAIR DESCRIPTION TO LIVE or RECORDED MUSIC or PERFORMANCES OF DANCE.
FACILITIES FOR ENTERTAINMENT:

MAKING MUSIC

DANCING
LATE NIGHT REFRESHMENT

SALE BY RETAIL OF ALCOHOL






The times the licence authorises the carrying out of licensable activities
REGULATED ENTERTAINMENT:

LIVE MUSIC.

RECORDED MUSIC.

PERFORMANCES OF DANCE.

ANYTHING OF SIMILAIR DESCRIPTION TO LIVE or RECORDED MUSIC or PERFORMANCES OF DANCE.
FACILITIES FOR ENTERTAINMENT:

MAKING MUSIC.

DANCING.
SALE BY RETAIL OF ALCOHOL.

ALL ABOVE ACTIVITIES:

MON-SUN: 1100-0400 HRS.
LATE NIGHT REFRESHMENT:

MON-SUN: 2300-0400 HRS.
NON STANDARD TIMINGS:

New Years Eve: Terminal Hour: 0500 HRS.





The opening hours of the premises.
MON-SUN: 1100-0430 HRS.
NEW YEARS EVE: 1100-0530 HRS.




Where the licence authorises supplies of alcohol whether these are on and/ or off supplies


ON and OFF SALES.




Name, (registered) address, telephone number and email (where relevant) of holder of premises licence
MARK ANDREW PHILLIPS,

66 Y LANFA

TREFECHAN

ABERYSTWYTH

CEREDIGION

SY23 1AS


Registered number of holder, for example company number, charity number (where applicable)


Name, address and telephone number of designated premises supervisor where the premises licence authorises the supply of alcohol
Francine Marie Richards

24 Heol Dinas

Penparcau

Aberystwyth

SY23 3RT





Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol

CER 0768



CEREDIGION COUNTY COUNCIL


Annex 1 - Mandatory conditions


Mandatory conditions where licence authorises 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.
Mandatory condition where the premises licence includes a Condition that at specified times one or more individuals must be at the premises to carry out a security activity:
(1) Each such individual must be licensed by the Security Industry Authority.
(2) But nothing in (1) above requires such a condition to be imposed—

(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or

(b) in respect of premises in relation to—

(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
(3) For the purposes of this section—

(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and

(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010
With effect from 6th April 2010

1. (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children –

(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act );

(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;

(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

(i) the outcome of a race, competition or other event or process, or

(ii) the likelihood of anything occurring or not occurring;

(e) 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.
2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
With effect from 1st October 2010

4. (1) The premsies licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

(2) 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 a holographic mark.


5. The responsible person shall 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 avilable to customers in the following measures –

(i) beer or cider: ½ pint

(ii) gin, rum, vodka or whisky: 25ml or 35ml; and

(iii) still wine in a glass: 125ml; and

(b) customers are made aware of the avilability of these measures.



Annex 2 - Conditions consistent with the operating Schedule.
Premises Licence subject to embedded conditions converted under Licensing Act 1964
Promotion of Licensing Objectives:


  1. General – All four licensing objectives: Before any person is employed behind the bar to retail alcohol at this premises he/she must receive some form of training to enable him/her to recognise/prevent persons attempting to access alcohol whilst underage. The training must also include the duties included within the Licensing Act 2003 some of which are aimed at not selling alcohol to persons who are drunk, buying alcohol for those who are drunk and direct training/authority in how to refuse all such sales. The details of the trainer should be provided also times, date and duration of such training. This to be available for inspection at the premises at all times.

B Prevention of Crime and Disorder: CCTV must be fitted and maintained to

The satisfaction of Dyfed-Powys Police:



  • All footage must be of good quality and of a minimum performance capability sufficient to identify individuals.

  • System will be upgraded to full colour by 31.12.2012.

  • All footage during the duration of the licensable activities to be retained for a period of 14 days.

  • The CCTV system must operate continuously and if a defect arises the Police must be informed and immediate arrangements must be made to rectify the fault.

  • All footage must on demand be made available to a Police Officer and a copy of that footage made immediately available to a Police Officer.

  • At all times during the period of operation of the premises there must be a competent person on the premises capable of reply and be able to undertake the export of recordings quickly onto a removable storage medium. Only VHS tape, CD or DVD format is acceptable to the Police. The master copy will be available to the Police on demand.

  • The system must incorporate a means of transferring images from the hard drive to a format that can be played back on any Microsoft Windows compatible computer. The application software required to launch and view recorded images must either be included as part of the standard Microsoft operating system installed or be installed to the recorded media when the data is copied to that media.

  • The whole of the internal licensed area must be covered by cameras and there must not be any hidden or obscured areas.

S.I.A. licensed doorpersons requirement: 2 for first 100 customers and 1 per next 100 or part therof.

No glasses or glass bottles to be taken outside the premises but plastic bottles or glasses are exempted.

Cheap alcohol is not promoted as sole attraction with strict codes of conduct.

A register of any incidents, excluded troublemakers are available for staff along with staff signing in book. Drugs and dealing: Staff are aware of what to look for and who to report to. Last entry time: one hour prior to terminal hour.



  1. Public Safety: Capacity limit 325. Fire warning code for staff to use in evacuation procedure. All exits and emergency routes highlighted. Air condition units in public rooms.i.e. bar area. Electrical installations are approved annually by certificate. Duty supervisor ensures exits and passageways are unobstructed and functional. All conditions requested by the fire officer in the interests of health and safety adhered to. The licensee will maintain suitable and sufficient insurance in respect of fire and third party claims arising from the use of the premises.

  2. Prevention of Public Nuisance: People leaving in noisy or boisterous manner are escorted from the premises and if persistent are banned. People congregating at entrance are moved on. Last entry time one hour before terminal hour. Rear fire doors are not to be opened unnecessarily, a CCTV camera will be fitted to this area to supervise potential risk to public safety of the doorway becoming obstructred.

  3. Protection of Children from Harm: Nobody under 18 is allowed entry when alcohol is being served unless there is a private event when all children must be accompanied by an adult, unless working in the venue. (occasionally on a quiet night a non alcoholic disco is offered to under 18’s). On pole dancing or nudity occasions no one under 18 will be allowed in any circumstances. ID will always be checked using photographic evidence such as driving licences, passports, or cards with pass holograms and birth certificate with photo ID.


Annex 3 - Conditions attached after a hearing by the licensing authority/Mediation meeting.
Mediation Meeting held at Penmorfa, Aberaeron at 1000 hrs 19.9.05.

Present: M. Phillips, Applicant. Pc John Evans, Police Licensing Officer. Mr. Colin Parr, Licensing Project Officer.
MATTERS AGREED
In response to representations from Pc John Evans


  • Doorpersons ratios adjusted to levels contained in Annex 2.

  • CCTV – New digital system to be installed within 2 months of 2nd appointed day.


All above parties signed to confirm agreements, consequently representations withdrawn.

Further Mediation Meeting held at Belle Vue Royal Hotel, Marine Terrace, Aberystwyth. 1200 hrs 7.10.09.

Present: M. Phillips, Applicant. F. Richards, Premises Supervisor. Mr. John Evans, Police Licensing Officer. Mr. Mark Edwards, Licensing Officer CCC.
MATTERS AGREED (In response to application to Vary Premises Licence)


  • Consent of Margaret Groglith Phillips confirmed.

  • Remove Licensable Activity – FILMS.

  • Remove all non standard timings except New Years Eve.

  • Hours extended to 0400 for Licensable activities.

  • Open to Public 0430.

  • On and Off Sales of Alcohol.

  • Training Policy.

  • CCTV Protocol.

  • SIA requirements revised from application.

  • Restrictions on removal of glass reseptacles.

  • Requirement for First Aiders removed.

  • Noise disturbance. Fitting of CCTV camera to rear fire exit.



Annex 4 – Plans




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