Ko-Ko/Kabana Lounge

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

Completed application 109069 which is a Minor Variation Application for Premises Licence from 14/04/2022 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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.

   

   

  Off 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) (Amendment) Order 2014

   

  (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.

   

   

  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.

   

• 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.

   

  3.  RE: Deployment of SIA door supervisors

  Monday - Wednesday: 1 x SIA door supervisors to be present from 21 :00 hrs to close.

   

  Thursday: 1 x SIA door supervisor from 21 :00hrs to close.

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

   

  Friday: 1 x SIA door supervisor form 21 :00hrs 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 21 :00hrs 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 Day:

  1 x SIA door supervisor from 21 :00hrs to close.

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

   

  All Sunday Preceding Bank Holiday Mondays:

  1 x SIA door supervisor from 21 :0Ohrs to close.

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

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

   

  Seasonal Variations

  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 from 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).

  At least 1 x SIA door supervisor is to be positioned at the front entrance to the

  premises, from commencement of SIA duties, and must wear a CCTV Bodycam at all times. That Bodycam must be operational and in good working order at all

  times.

   

  Off sales are permitted during opening hours of the premises under the following conditions -

   

  Sale/supply of alcohol for consumption on and off premises.

   

  4. To ask for appropriate identification of proof of age with a photograph of the person displayed on the I.D. Appropriate identification is limited to a passport, photo driving licence or a 'PASS' proof of age card.

  5. An ID Log is to be kept to record dates and times where ID has been requested and to record the type of ID shown.

  6. A copy of this ID Log will be made available immediately upon request to authorised officers of Rochdale Borough Council.

  7. A Refusals Log is to be kept to record dates and times of all refusals to retail alcohol to underage persons.

  8. A copy of the Refusals Log will be made available immediately upon request of authorised officers of Rochdale Borough Council.

   

  9. Challenge 25 posters to be clearly and prominently displayed.

   

  10. To attend training seminars organised by the Trading Standards Service as and when requested to do so.

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

  12. To provide training for all new staff on the law relating to underage sales of alcohol.

   

  13. To provide refresher training, at least once a year, to existing staff, on the law relating to underage sales of alcohol.

  14. To keep written records of all training provided in respect to the law relating to underage sales of alcohol. Staff to sign and d.at e records to confirm that the training has been received and understood.

  Deliveries of alcohol are permitted to take place under the following conditions -

  15. A verbal age check conducted at the point of order

  16. Where a customer appears to be under the age of 25, alcohol will only be passed to the purchaser upon the production of valid photographic age verification, limited to a passport, driving licence or other proof of ID which includes the PASS logo

  17. Local delivery (deliveries made directly by KOKOs):

  18. A minimum of 4 hours between ordering and delivery for orders containing drinks only. All local deliveries completed by 22:00 hours.

  19. Orders for courier delivery would be a minimum of next day delivery from ordering.

  20. For national / out of area courier deliveries, all alcohol items will be packaged and clearly labelled to show that the package contains age restricted items (e.g. over 18s only).

  21. For local deliveries an experienced senior member of staff who is well versed in age restrictions to act as designated delivery person from KOKO's.

  22. All alcohol products will be delivered to persons aged 18 or above and will be signed for.

  23. A "Challenge 25" process will be adopted on delivery, with age verification using Passport, Driving License or Proof of Age Scheme Card which carries the PASS Hologram.

  24. The point of sale dispatch address for alcohol will always be the premises as shown on the license.

  25. A record of all sales and deliveries will be kept, including ID verification procedures. In respect of Courier Services and upon request for information, this will be in line with the companies GDPR and data protection compliance policies. In respect of local sales and deliveries those records will be made available to Police or other relevant authority for inspection.

  Temporary Restrictions until Relaxation of Covid - 19 Legislation

  26. No large alcohol deliveries will take place to any address which will break up to date/current Government Covid Legislation at the time the order is made.

  27. There will be a minimum of 18 hours between alcohol deliveries at the same address.

  28. In place of a signature, the name of the person accepting the delivery will be provided.

  29. Dress code - Customers are not permitted entry to the premises if wearing any of the following: (On Friday / Saturday Nights).

  Track Suits

  Hooded Tops

  Caps

  30. A notice is displayed at the entry to the premises stating strict dress code in operation.

  31. S.I.A door supervisor permanently deployed in the upstairs bar area from 00:00hrs to closing time on Friday, Saturday and Sunday. (The only exception being if they have to support colleagues with an incident on ground floor area).   

  32. No persons permitted to consume drinks or be in possession of ANY drinking vessels / bottles on the dance floor at any time.

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

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

   

  1.No admissions or re-admission of customers after 03:30 hours on any day.

   

  2. 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

   

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

   

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

   

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

   

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

   

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

   

  8. 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

   

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

   

  10. 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.

   

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

   

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

   

  13. 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

   

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

   

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

   

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

   

  17. 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.

   

  18. 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.

   

  19. 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

   

  20. 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. 

   

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

   

  22. 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

   

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

   

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

   

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

   

  26. 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

   

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

   

  28. 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

   

  29. Challenge 25 policy in place.

   

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

   

  31. 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.

  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..

  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.

   

  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.

  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