Ko-Ko/Kabana Lounge

Town Hall Square, Packer Street, Rochdale, Lancashire, OL16 1NQ

Completed application 097527 which is a Minor Variation Application for Premises Licence from 30/01/2020 to indefinite

Applicant(s)

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol

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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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

   

  2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.-(1) The premises licence holder or club premises certificate 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.

   

  4. 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.

   

   

  The Licensing Act 2003 (Mandatory Conditions) Order 2014

  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×V)

   

  where-

   

  (i) P is the permitted price,

  (ii) D is the amount 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) “value 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.-(1) Sub-paragraph (2) 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.

   

  (2) 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.

   

   

  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. Licence is issued subject to Ko Ko Lounge/Kabana Lounge Operating Schedule (pages 1-2) dated 14th April 2009.

  2. The premises are to participate in the Pubwatch scheme with a requirement to attend 75% of meetings.

   

  Conditions 2,3,5,6 & 7 have been removed as they are now superseded by conditions Annex 3 following review of the Premises licence.

   

   

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

   

  1. Last entry to the Premises will be at 04:00hrs, and no re-admission after 04:00hrs.

  2. Monday - Wednesday 2 x SIA door supervisors to be present throughout any pre-booked functions from opening time to close.

  Thursday: 1 x SIA door supervisor from premises opening time to close.

  Additional 1 x SIA door supervisor from 00:00 hrs to close.

  Friday: 1 x SIA door supervisor form premises opening time to close.

  Additional 1 x SIA door supervisor from 23:00hrs to close.

  Additional 2 x SIA door supervisors from 00:00 to close.

  Saturday: 1 x SIA door supervisor from premises opening time to close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 3 x SIA door supervisors from 00:00 to close.

  Sunday and New Year's Eve

  1 x SIA door supervisor from premises opening time until close.

  Additional 1 x SIA door supervisor form 00:00 to close.

  All Sunday Preceding Bank Holiday Mondays:

  1 x SIA door supervisor from premises opening time until close.

  Additional 1 x SIA door supervisor form 23:00 to close.

  Additional 2 x SIA door supervisors form 00:00 to close.

  3. A log of SIA supervisors must kept and produced immediately upon request to Authorised Licensing Officers / Police. SIA Log must include the following:

  SIA Licence number and expiry date

  Name of SIA door supervisor

  Date of birth

  Duty commencement time

  Duty cessation time

  Signature of SIA door supervisor

  4. 1 x SIA door supervisor to be deployed at the front door of Premises at all times the Premises are open to public. This door supervisor is to wear a CCTV Bodycam, which must be in working order and operational at all times.    

  5. SIA door supervisors to conduct bag searches on all persons entering the Premises with bags

  6. A metal detecting “wand” to be used to check all persons entering the Premises

  7. All incidents of fighting, drugs, weapons will be reported to GMP immediately by phone

  8. All incidents are also to be reported in real time via town centre radio link

  9. All incidents are also to be reported immediately to the PLH by phone call and text

  10. A log of all incidents stating date, time, description of incident / offender / all other relevant information is maintained and produced immediately upon request to the Police

  11. CCTV footage of the incident is to be retained in accordance with CCTV conditions attached to this licence

  12. If any individual is found to be in possession of a small amount of drugs for personal use following a search, the SIA registered supervisor conducting the search will advise the individual that the drugs in question will not be returned to them and that the drugs will be handed to the police for destruction. The drugs seizure will be captured on the CCTV, in accordance with the CCTV condition herein. Following this the date, time and name of the person who seized the drugs, together with the suspected type of drug, will be recorded in a  ‘Drugs Book’ to be kept on the Premises and then secured within a safe on the Premises. Police Officers will attend on an agreed weekly or fortnightly basis to collect any drugs from the safe for destruction, and the Officers will sign the ‘Drugs Book’ to confirm the drugs have been removed from the Premises and handed to the Police.

  13. A digital hard drive CCTV system must be in operation

  14. CCTV cameras to cover internal and external areas of the Premises and all areas where customers have legitimate access (Excluding Toilets)

  15. One CCTV camera to be specifically positioned to capture facial images of any persons entering the Premises at the main entrance and all other entrances

  16. All areas to be sufficiently illuminated for the purposes of the recording of CCTV images

  17. All CCTV recorded images to have sufficient clarity/quality/definition to enable facial recognition. 

  18. CCTV images to be retained in an unedited format for a period of 31 consecutive days.

  19. Any person left in charge of the Premises must be trained in the use of any such CCTV equipment and able to produce/download/burn CCTV images.

  20. CCTV to be maintained on a regular basis and kept in good working order at all times and images shall be produced to the Police or Authorised Licensing Officers (Rochdale Council Licensing Service) immediately upon request.

  21. CCTV to be checked daily and if found not to be in good working order, alcohol will not be sold until such time as it is

  22. The CCTV system to record images at all times that any member of the public is at or on the Premises. For the purpose of this condition a “member of the public” is defined as is any person other than the DPS, Premises Licence Holder, Spouse, Partner or Employee thereof. 

  23. A TV monitor to be placed at the entrance relaying live images of all persons entering the Premises.  

  24. Posters, no smaller than A4 size, are to be clearly and prominently displayed at the entrance and exit of the Premises stating that CCTV is in operation and that images are being captured for the purposes of crime prevention and public safety

  25. Posters no smaller than A4 size clearly to be prominently displayed stating that bag searches are undertaken

  26. Posters no smaller than A4 size, to be clear and prominently displayed stating Premises operate a zero tolerance to drugs.

  27. All keg beers and ciders, wines, spirits and soft drinks must be served in polycarbonate drinking vessels

  28. A member of management who is a personal licence holder must be on the Premises at all times the Premises is open to the Public

  29. The Premises must have 24/7 mobile contact number working at all times.

  30. A list of all employees must be written and kept up to date each night showing names and dates of birth for each employee and the start and finish times of their work shift that day

  31. Challenge 25 policy to be in place

  32. Driving licences and or passports will be the only form of I.D accepted

  33. No persons under the age of 18 years permitted on the Premises at any time unless it is a family function

   

   

   

   

   

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

   

   

  Section E (Live Music)

   

  Seasonal Variations

   

  Times to include Good Friday, Easter Sunday, Christmas Eve, Boxing Day, New Year’s Eve and all other Bank Holiday Sundays.

  Christmas Eve, Christmas Day, Boxing Day as follows: 1 x SIA door supervisor from premises opening time until close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 2 x SIA door supervisors from 00:00 to close.

  New Year’s Eve, 1 x SIA door supervisor from premises opening time to close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 3 x SIA door supervisors fork 00:00 to close.

  Additional A minimum of 4 x SIA door supervisors to be deployed on any day, at the direction and instruction of Greater Manchester

  Police, if required, for prevailing Town Centre, and Local/ National issues or Events from premises opening time to close. (Excluding

  Feel Good Festival where normal SIA staffing levels will apply).

   

  Non-Standard Timings

  Live music to cease at 5am on all Bank Holidays, Sundays prior to Bank Holiday Monday's, Christmas Eve & New Year’s Eve

   

  Further Details 

  Music will be amplified.

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  Times to include Good Friday, Easter Sunday, Christmas Eve, Boxing Day, New Year’s Eve and all other Bank Holiday Sundays..

  Christmas Eve, Christmas Day, Boxing Day as follows: 1 x SIA door supervisor from premises opening time until close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 2 x SIA door supervisor from 00:00 to close.

  New Year’s Eve, 1 x SIA door supervisor from premises opening time to close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 3 x SIA door supervisors fork 00:00 to close.

  Additional A minimum of 4 x SIA door supervisors to be deployed on any day, at the direction and instruction of Greater Manchester

  Police, if required, for prevailing Town Centre, and Local/ National issues or Events from premises opening time to close. (Excluding

  Feel Good Festival where normal SIA staffing levels will apply).

   

  Non-Standard Timings

  Recorded music to cease at 5am on all Bank Holidays, Sundays prior to Bank Holiday Monday's, Christmas Eve & New Year’s Eve

   

  Further Details 

  Music will be amplified from 11:00 - 20:00 (background music)

  Music will be amplified from 20:00 - 04:10

   

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  Times to include Good Friday, Easter Sunday, Christmas Eve, Boxing Day, New Year’s Eve and all other Bank Holiday Sundays.

  Christmas Eve, Christmas Day, Boxing Day as follows: 1 x SIA door supervisor from premises opening time until close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 2 x SIA door supervisor from 00:00 to close.

  New Year’s Eve, 1 x SIA door supervisor from premises opening time to close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 3 x SIA door supervisors fork 00:00 to close.

  Additional A minimum of 4 x SIA door supervisors to be deployed on any day, at the direction and instruction of Greater Manchester

  Police, if required, for prevailing Town Centre, and Local/ National issues or Events from premises opening time to close. (Excluding

  Feel Good Festival where normal SIA staffing levels will apply).

   

  Non-Standard Timings

  To cease at 5am on all Bank Holidays, Sundays prior to Bank Holiday Monday's, Christmas Eve & New Year’s Eve

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  Times to include Good Friday, Easter Sunday, Christmas Eve, Boxing Day, New Year’s Eve and all other Bank Holiday Sundays.

  Christmas Eve, Christmas Day, Boxing Day as follows: 1 x SIA door supervisor from premises opening time until close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 2 x SIA door supervisor from 00:00 to close.

  New Year’s Eve, 1 x SIA door supervisor from premises opening time to close.

  Additional 1 x SIA door supervisor from 23:00 to close.

  Additional 3 x SIA door supervisors fork 00:00 to close.

  Additional A minimum of 4 x SIA door supervisors to be deployed on any day, at the direction and instruction of Greater Manchester

  Police, if required, for prevailing Town Centre, and Local/ National issues or Events from premises opening time to close. (Excluding

  Feel Good Festival where normal SIA staffing levels will apply).

   

  Non-Standard Timings

  To close at 5am on all Bank Holidays, Sundays prior to Bank Holiday Monday's, Christmas Eve & New Year’s Eve

   

  Further Details

  N/A