C1. 14.12.10 Premises Licence part A

APPENDIX C1

 
 


PREMISES LICENCE

 

The Licensing Act 2003

Schedule 12, Part A

 

Premises Licence Number

10/03893/LAPRE

Part 1 – Premises Details

Postal address of premises , or if none, ordnance survey map reference or description, including Post Town & Post Code

Beluga Bar

73 Bank Street

Maidstone

Kent

ME14 1SN

 

 

Telephone number

 01622 761300

 

 

 

Where the licence is time limited the dates

Not Applicable

 

Licensable activities authorised by the licence

Films

Live music

Recorded music

Performances of dance

Facilities for making music

Facilities for dancing

Sale or Supply of Alcohol

Late Night Refreshment

 

 

Times the licence authorises the carrying out of licensable activities

 

Films

                                    Every Day                                 10:00 - 03:30   Indoors only

 

Live music

                                    Every Day                                 10:00 - 03:30   Indoors only

 

Recorded music

                                    Every Day                                 10:00 - 03:30   Indoors only

 

Performances of dance

                                    Every Day                                 10:00 - 03:30   Indoors only

 

Facilities for making music

                                    Every Day                                 10:00 - 03:30   Indoors only

 

Facilities for dancing

                                    Every Day                                 10:00 - 03:30   Indoors only

 

Sale or Supply of Alcohol

                                    Every Day                                 10:00 - 03:30

 

 

Late Night Refreshment

                                    Every Day                                 23:00 - 03:30

 

 

The opening hours of the premises

 

 

Every day

10:00 - 04:00

 

 

 

The non-standard opening hours of the premises

None

 

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

Alcohol is supplied for consumption both on and off the premises.

 

 

Part 2

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

Hamid Javadi

234 Forest Road

Tunbridge Wells

Kent. TN2 5HS

Tel: 07973 188608

 

Majid Javadi

The Barn

Oak Lane

Blackham

Nr Tunbridge Wells

Kent. TN3 9UB

 

Tel: 07973 112060

Email: majidjavad@aol.com

 

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

N/A

 

 

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

Ms Sylwia Oleszkiewicz

Flat 4

72 Bank Street

Maidstone

Kent. ME14 1SN

 

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

Licence Number:           10/03773/LAPER

Licensing Authority:       Maidstone Borough Council

 

 

 

Neil Harris

Democratic Services Manager

Maidstone Borough Council


Annex 1 – Mandatory conditions

 

Where a premises licence authorises the sale and or supply of alcohol, the licence must include the following conditions:-

 

No sale or supply of alcohol may be made under the premises licence -

 

(a) at a time where 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.

 

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

 

Mandatory Conditions in force from 06 April 2010

 

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.

 

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.

 

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).

 

The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

 

The premises 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.

 

           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.

 

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 available to customers in the following measures -

(i) beer or cider: ˝ pint;

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

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

 

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

 

 

Exhibition of films

 

Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

 

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.

 

In this section -

 

"children" means person 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 premises which includes a condition that door supervisors must be at the premises to carry out a security activity, shall ensure that each such person is licensed to conduct such activities by the Security Industry Authority.

 

They shall display or be able to display at least one of the following articles upon request by the Licensing Authority, the Police Authority, a responsible authority, and any other relevant authority including the Security Industry Authority (S.I.A.)

 

(i)         A Security Industry Authority (S.I.A.) name badge.

 

(ii)        Proof of registration to the Security Industry Authority (S.I.A.) scheme allowing them to carry out security activities at licensed premises.

 

Annex 2 – Embedded conditions

 

Not applicable

 

Annex 3 – Conditions consistent with the Operating Schedule

 

All staff shall be trained in Licensing Law and this training supervised and recorded.

 

CCTV shall be fitted to a standard agreed to by the Police that complies with the CCTV code of practice (2008 edition) produced by the Information Commissioners Office, with all public areas, including all access and egress points covered.  This shall also to include any exit doors, alleyways or any other areas use for the ejection of customers.

 

The CCTV system shall be maintained and serviced on a regular basis and records kept to that effect.

 

CCTV shall be operational at all times that members of the public and/or staff are on the premises.

 

Images shall be retained for a period of at least one calendar month by whatever means the licence holder deems appropriate.

 

The Police or Local Authority shall have access to these images at any reasonable time and in any case within 48 hours of the request for the image being made.

 

The Police or Local Authority shall be allowed to take a recording by way of tape, CD Rom or any other means of the image within 48 hours on the initial request being made by either the Police or Local Authority.

 

Staff shall be fully trained in the CCTV system and there shall be at least one member of staff on duty during the trading hours who is able to provide a recording of any incident at the request of the police or local authority.

 

A personal Licence Holder shall be present at all times that the premises are trading for the sale of alcohol.

 

Door Supervisors shall be employed at the premises from 20:00hrs, or start of trading whichever is the earlier, until close of trading.

 

A sufficient number of door staff shall be employed at the premises to provide sufficient safety and security for the capacity. The recommended number is 1 per100 customers.

 

All security staff shall wear a reflective jacket or tabard.

 

All security staff shall display their name badges by way of a reflective armband.

 

A logbook shall be kept detailing all incidents that occur at the premises. This will be a bound book which will detail the following

 

            The day, date and time of the incident

            The member of staff making the entry

            All members of staff involved in the incident

            An account of the incident

            Details of any persons injured and the injuries sustained

           Any other details thought relevant

 

A register shall be kept of all security staff working at the premises for every time that the premises are open for trading. This register shall be a bound book and it will contain the following information:-

 

a)         Day and date of entry

b)         Time that member of security staff starts and finishes work

c)         Full name

d)         SIA registration number

e)         Signature of the member of security staff

 

 

A drugs policy shall be produced by the premises licence holder and agreed with the police.

 

The toilets shall be designed in such a way as to discourage drug use within them, i.e. all flat surfaces will be eliminated or kept to a minimum.

 

Regular checks shall be made in the toilets in order to discourage drug use within them. These checks shall be a minimum of every 20 minutes during trading hours and will be logged.

 

Access shall be given at all reasonable times to the police in order for swabs to be taken for the ION Track Drug Testing machine.

 

Police shall be permitted to use the Ion Track Drug Testing machine as a condition of entry at all reasonable times during trading hours.

 

Toughened or Polycarbonate glass shall be used at the premises.

 

Drinks promotions shall not be permitted allowing unlimited supply of alcohol for a set price.

 

A representative of the premises licence holder shall actively participate in the Nite Net radio system and shall also be a member of the Night Time Economy Forum, attending all meetings in person or sending an appropriate representative. This person would normally be the Designated Premises Supervisor.

 

A responsible person at the premises shall monitor the Nite Net radio at all times the premises are trading.

 

No open vessels, bottles or other type of container shall be allowed outside of the licensed premises other than the area marked ‘Beer Garden’ on the submitted plans.

 

All staff shall be fully trained in their responsibilities under the Licensing Act and the training shall be fully auditable and available to any responsible authority on request.

 

The Licence Holder, Manager or Premises Supervisor in situ shall ensure that all existing Health and Safety, Fire and Electrical risk assessments or tests will be carried out, and that all existing policies that ensure the care and safety of patrons are observed.

 

When the premises are open to the public, there shall be an adequate number of staff on duty to ensure the care and safety of all persons on the premises. The numbers of staff on duty shall be disclosed to a member of the Licensing Authority or local Police Authority on request.

 

Safety appliances, Fire Equipment and Electrical systems shall be tested at least once in any 12 month period, and certification obtained stating that the appliances tested are in a satisfactory condition. Relevant certificates shall be retained and presented for inspection at the request of an officer of the Licensing Authority, Local Police or Fire Authority or any other relevant person. 

 

The manager, DPS or other responsible person shall ensure that no unruly, violent or aggressive behaviour is permitted in or around the premises. Persons behaving in this manner will be asked to leave the premises immediately. 

 

The premises shall be shut promptly at all times that are directed in the Premises Licence schedule. Any licensable activities shall also cease at the stated hours, and shall not exceed any of the times that are indicated.

 

The premises shall be adequately soundproofed and any air conditioning units shall be used and directed so as not to cause disturbance to surrounding properties.

 

Sound limiters shall be used to prevent noise nuisance.

 

Litter and cigarette bins shall be provided and made available for use inside and outside the premises.

 

It shall be the responsibility of the Designated Premises Supervisor to ensure that any queue forming at the entrance to the premises is orderly and supervised in such a way so that it does not cause a nuisance to other nearby businesses, passing pedestrians and traffic.

 

A auditable system shall be used to record the number of customers within the premises whenever it is open for trading.

 

Persons under the age of 16 years shall only be permitted entry at the premises when trading if accompanied by an adult.

 

No persons under the age of 18 years shall be allowed on the premises in any case after 2300hrs unless attending a private pre booked function or event.

 

All staff will be fully trained in ‘Challenge 25’ and the training shall be fully auditable and available to any responsible authority on request.

 

Notices to advise customers that ‘Challenge 25’ is in force shall be displayed in prominent areas.

 

The only proof of age that will be accepted shall be a passport, photographic driving licence or an accredited ‘PASS’ marked proof of age card.

 

Annex 4 – Conditions attached after a hearing by the licensing authority

 

The maximum number of persons (not including staff) permitted on the premises during licensable activities and thereafter until closing on that day shall be 1150.

 

No licensable activities shall take place on the premises until such time as the Building Control Officer has confirmed completion of the premises in accordance with the plans.

 

No licensable activities shall take place on the premises until such time as the Kent Fire and Rescue Service have confirmed in writing that they are satisfied with capacity for various floors, numbers of staff to supervise evacuation, including their training and the management strategy for control of numbers and evacuation.

 

Further CCTV will be fitted to the premises ton the satisfaction of the Police so that all areas are covered by a camera and are able to be monitored on the CCTV system;

 

All door staff will carry their radios by way of a harness or attached to uniform and not by hand and will use earpieces and “push and talk” buttons

 

An electronic system will be installed at the premises that accurately counts how many persons are in the premises. This system will be installed with the agreement of the police and the fire safety officer. It will be available for inspection by any responsible authority at any time that the premises is open to staff or members of the public.

 

The club shall not be opened to the public at any time that the electronic system is not installed and operating.

 

Annex 5 – Plans

 

Please see attached