Danielle's Bar

5 Yorkshire Street, Rochdale, Lancashire, OL16 1BH

Completed application 045658 which is a Request for Removal of Premises Supervisor for Premises Licence from 09/08/2010 to indefinite

Applicant(s)

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• the sale by retail of alcohol
• an indoor sporting event
• 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
• entertainment facilities for making music
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing

Additional Conditions

• Annex 1

   

  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.

   

  On Licence

   

   

  Licensing Act 2003 Mandatory Conditions

   

  Mandatory conditions where licence authorises the 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)              The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

   

  (1)              The responsible person shall take all responsible 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 dependant 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 disability).

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

   

  From 1st October 2010 these conditions will also apply

   

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

                (b) 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 available to customers in the following measures -

                (i) beer or cider: ½ pint;

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

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

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

   

   

  Mandatory conditions where Door Supervisors are provided

   

  All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)

   

• ANNEX 2 - Conditions Consistent with the operating schedule

   

  1) CCTV is to be installed, operational and maintained at all times the premises are open to the public. The images are to be retained for a period of 31 days & made available to any Police Officer or Authorised person from Rochdale MBC Licensing department upon request.

   

  2) Any person left in charge of the premises must be trained in the use of any such CCTV equipment and be able to produce / download / burn CCTV images upon request by a person from a Responsible Authority or the Police.

   

  3) The system will cover the public areas of the premises and will capture a clear head and shoulders view of the persons entering the premises.

   

  4) The system will be maintained in proper working order and CCTV signage will accompany the system indicating that CCTV is in operation in the premises.

   

  5) There will be a zero tolerance drugs policy at the premises.

   

  6) SIA door staff will be on duty on Thursdays, Fridays and Saturdays from 8.00pm until the premises close to the public.

   

  7) A record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor.

   

  8) The record shall contain the following details (i) Name and address (ii) Date of birth (iii) Security Industry Authority License Number (iv) Time commenced duty and time terminated duty.

   

  9) Records shall be available for inspection on demand by an Authorised person, Security Industry Authority, or a Police Officer.

   

  10) Door supervisors will ensure that no customers shall enter or leave the premises from / to the public highway or public place with any open bottle, glass or container except by way of trade delivery.

   

  11) There will be frequent collection of container and glassware to avoid accumulation.

   

  12) Glasses will be shatterproof where commercially available.

   

  13) The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.

   

  14) There shall be placed at all exits from the premises in a place where they can be easily seen notices requiring customers to leave the premises quietly when regulated entertainment is taking place.

   

  15) External doors and windows shall be closed at all times that Live Entertainment takes place except for the purpose of access or egress or in an emergency.

   

  16) Children will not be permitted on the premises after 19:00 hrs unless attending a pre- arranged function.

   

  17) The premises operate a 'Challenge 21' proof of age system as a minimum and those appear to be under the age of 21 years must provide one of the following forms of identification:

  a) a 10-year passport or;

  b) a photocard driving licence or;

  c) An approved PASS logo proof of age card.

   

  18) British Beer and Pub Association and / or trading standards, challenge 21 posters/ notices shall be prominently displayed at the premises.

   

  19) An incident book will be maintained in which recordings will be made of all instances of crime and disorder; refused sales to suspected under age / drunken persons; a record of persons refused admission or asked to leave the premises; details of the occasions on which the police are called to the premises; the use or discovery of drugs. That book shall be available for inspection by a Police Officer or Authorised Person.

   

  20) There shall be no drinks promotions which would contravene the British Beer and Pub Association Standards for the management of responsible drinks promotions including Happy Hours or the social responsibility standards for the production and sale of alcoholic drinks in the United Kingdom.

   

  22) The premises are to take part in the local pub watch scheme and attend 75% of all meetings.

   

  23) All door staff whether inside or out, to wear as a minimum standard of dress a fluorescent waistcoat over their normal working clothes.

   

  24) Noise emanating from the premises shall be inaudible at the curtilage of the nearest residential property.

   

  25) All staff are to be trained at least twice a year and written records made available to authorised authorities on request.

   

  26) To provide training, at least once a year to new and existing staff, on the law relating to underage sales of alcohol.

   

  27) To provide training for all new staff on the sale of age-restricted products.

   

  28) To attend training seminars organised by the Trading Standards service as and when requested to do so.

   

  29) To inform all staff of changes in the law relating to age-restricted products as and when required.

   

  30) To keep written records of all training provided in respect of the law relating to underage sales of alcohol.  Staff to sign and date records to confirm that the training has been received and understood.

   

  31) To notify staff of any reports of alleged underage sales incidents that have been brought to your attention by Trading Standards.

   

  32) To keep a log of such notifications on file, ready for inspection by Authorised Officers of Rochdale MBC, if required.

   

  33) To record any remedial action on a report from Trading Standards of an alleged underage sale from the premise.

   

  34) To produce a copy of the ‘Record of Remedial Action’ if requested by an Authorised Officer of Rochdale MBC.

   

   

   

   

   

   

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

   

  1. Customers will not be permitted to smoke in the area in front of the premises between the opening of the premises and 20:00 hours. Notices will be places at the front of premises asking customers to smoke at the rear. After 20:00 hours customers will be permitted to smoke at the front of premises.

  2. Customers will not be permitted to take any drink outside.

  3. There will be two SIA registered door staff on duty at the premises on Thursdays, Fridays, Saturdays and Sundays from 20:00 hours to closing time.

  4. There will be a person appointed as a floor walker to be on duty when the premises are open to the public for the sale of alcohol to identify customers who may be drunk and arrange to identify them to staff and implement procedures to arrange the removal of the individual. This floorwalker is no to be one of the two door staff in condition 3.

  5. Within two months of this hearing (by 11th August 2010) or for new staff within two months of commencement of employment at the premises, staff who do not hold personal licences will commence and complete NVQ Level 2 Food and Drink Service course. Failure to complete the said course will constitute grounds for dismissal.

  6. The Designated Premises Supervisor will for a minimum of six months from this date attend monthly meetings with the current Police Licensing Officer to review the progress in the premises. Those meetings to continue if the Police Licensing Officer considers necessary.

  7. During the FIFA World Cup there will be two SIA door staff on duty from one hour before kick off to close of premises to the public. This to only apply to games involving England football team.

   

   

• ANNEX 4 - SEASONAL VARIATIONS, NON-STANDARD TIMINGS AND FURTHER DETAILS.

   

   

  Section A (Plays)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section B (Films)

   

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

   

  Further Details 

  The showing of films will consist only of moving pictures on the video screens and/or video karaoke screens which are not exempt under part 2, schedule 2 of the Licensing Act 200

   

   

  Section C (Indoor Sporting Event)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  The playing or exhibition of traditional pub games such as pool and darts which may be played in the presence of an audience or spectators, partly or wholly entertaining one or more members of the public

   

   

  Section D (Boxing or Wrestling Entertainment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section E (Live Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  Any performance of live music involving a maximum of performers resulting from the risk assessment per event

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  Recorded music to accompany live performers. Music played through electronic devices other than exempting incidental music under Part 2, Schedule 1 of the Licensing Act 2003 and recorded backing music to karaoke or other forms of entertainment

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  Any dancing by live performers detailed at E above

   

   

  Section H (Anything of a similar description to that falling within (e), (f) or (g)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  Anything considered similar to the activities including karaoke, music quizzes, comedy acts involving music but no striptease od lap dancing

   

   

  Section I (Provision of facilities for making music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details

  Any facilities for making music including the provision of a karaoke machine, microphone and amplifiers for performers; open mike nights, etc

   

   

  Section J (Provision of facilities for dancing)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  The facilities for dancing may include a dance floor or the clearing of an area in the premises in order that patrons who wish to spontaneously dance may do so

   

   

  Section K (Provision of facilities for entertainment of a similar description to that falling within (i) or (j))

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details 

  Facilities referred to above for activities similar to those at I and J but not involving striptease or lap dancing

   

   

  Section L (Late Night Refreshment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  On all public holidays, Christmas, Boxing Day, New Year and British Summertime late night refreshment will be available Sundays to Wednesdays inclusive from 23:00 to 0:00 and Thursdays to Saturdays inclusive for an extra hour on these occasions

   

  Further Details

  The provision of hot food and hot drinks, particularly to provide hot beverages to customers who do not drink alcohol or are designated drivers. Also including hot drinks that may contain alcohol above 0.5 ABV

   

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  For an extra hour on all Public Holidays, Xmas, Boxing Day, New Year and British Summertime

   

  Further Details

  N/A