Rochdale BCNumber One Riverside

Infinity Restaurant & Bar

1 Market Place, Middleton, Lancashire, M24 6AE

Rejected application 093263 which is a Variation Application for Premises Licence

Applicant(s)

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Error creating document during RTF to HTML: Exception of type 'System.OutOfMemoryException' was thrown. - Original RTF was "{\rtf1\fbidis\ansi\ansicpg1252\deff0\deflang2057\deflangfe2057{\fonttbl{\f0\fswiss\fprq2\fcharset0 Arial;}} \viewkind4\uc1\pard\ltrpar\qj\ul\b\f0\fs22 Annex 1\par \par \pard\ltrpar\qc\ulnone\fs24 The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.\par \pard\ltrpar\qj\ul\fs22\par \par \pard\ltrpar\ulnone On and Off Licence Conditions\par \par \pard\ltrpar\keepn\ul Embedded Conditions\par \pard\ltrpar\qj\tx8522\ulnone\b0\par Alcohol shall not be sold or supplied except during permitted hours.\par In this condition, permitted hours means:\par \par a. On weekdays, other than Christmas Day, Good Friday or New Year\rquote s Eve, 11 a.m. to 11 p.m.\par b. On Sundays, other than Christmas Day or New Year\rquote s Eve, 12 noon to 10.30 p.m.\par c. On Good Friday, 12 noon to 10.30 p.m.\par d. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.\par e. On New Year\rquote s Eve, except on a Sunday, 11 a.m. to 11 p.m.\par f. On New Year\rquote s Eve on a Sunday, 12 noon to 10.30 p.m\par g. On New Year\rquote s Eve from the end of permitted hours on New Year\rquote s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31\super st\nosupersub December).\par \par The above restrictions do not prohibit:\par (a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;\par (b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;\par (c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;\par (d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;\par (e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;\par (f) the sale of alcohol to a trader or club for the purposes of the trade or club;\par (g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty\rquote s naval, military or air forces;\par (h) the taking of alcohol from the premises by a person residing there; or\par (i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or\par (j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.\par \par \pard\ltrpar\qj\b\par Off Sales \par \b0 Alcohol shall not be sold or supplied except during permitted hours.\par In this condition, permitted hours means:\par a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.\par b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.\par c. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.\par d. On Good Friday, 8 a.m. to 10.30 p.m.\par \par The above restrictions do not prohibit:\par (a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;\par (b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;\par (c) the sale of alcohol to a trader or club for the purposes of the trade or club;\par (d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty\rquote s naval, military or air forces;\par \pard\ltrpar\keepn\qj\b\par Credit Sales \par \pard\ltrpar\qj\b0 Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied;\par \pard\ltrpar\fi-360\li720\qj\tx720 (a)\tab with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;\par \pard\ltrpar\fi-360\li720\qj (b)\tab for consumption by a person residing in the premises or his guest and paid for together with his accommodation;\par (c)\tab to a canteen or mess;\par \pard\ltrpar\qj\par \par \pard\ltrpar\keepn\qj\b On-licence, no children\rquote s certificate\par \pard\ltrpar\qj\b0 No person under 14 years of age shall be in the bar of the licensed premises during the permitted hours unless one of the following applies;\par \pard\ltrpar\fi-360\li720\qj\tx720 (1)\tab He is the child of the holder of the premises licence;\par \pard\ltrpar\fi-360\li720\qj (2)\tab He resides in the premises, but is not employed there;\par (3)\tab He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress;\par (4)\tab The bar is in the railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary. In this condition \ldblquote bar\rdblquote includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.\par \pard\ltrpar\qj\par \pard\ltrpar\keepn\qj\b\par On-licensed premises with children\rquote s certificates\par \pard\ltrpar\qj\b0 No person under 14 years of age shall be in the bar of the canteen during the permitted hours unless one of the following applies;\par \pard\ltrpar\fi-360\li720\qj\tx720 (1)\tab He is the child of the holder of the premises licence;\par \pard\ltrpar\fi-360\li720\qj (2)\tab He resides in the premises, but is not employed there;\par (3)\tab He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress;\par (4)\tab The bar is in the premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary;\par (5)\tab (a) He is in an area shown on the plan attached to the licence;\par \pard\ltrpar\li720\qj (b) Meals and non-alcoholic beverages are available for sale for consumption in that area;\par \pard\ltrpar\fi360\li360\qj (c) He is in the company of a person aged18 years or over;\par \pard\ltrpar\qj\tab (d) He is there prior to 9 p.m.\par \par In this condition \ldblquote bar\rdblquote includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.\par \ul\b\par \par Licensing Act 2003 Mandatory Conditions \par \ulnone\par Mandatory conditions where licence authorises the supply of alcohol\par \pard\ltrpar\qj\tx534\tx9399\par \pard\ltrpar\qj\tx534\tx1101\tx9399\b0\par \pard\ltrpar\qj (1)\tab No supply of alcohol may be made under the premises licence -\par \pard\ltrpar\qj\tx534\tx1101\tx9399\par \pard\ltrpar\li720\qj (a)\tab at a time when there is no designated premises supervisor in respect of the premises licence, or\par \pard\ltrpar\fi-720\li1440\qj (b)\tab at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.\par \pard\ltrpar\qj\tx534\tx1101\tx1601\tx9399\par \pard\ltrpar\fi-720\li720\qj\tx0\tx720\tx1101\tx9399 (2)\tab The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.\par \pard\ltrpar\qj\tx534\tx1101\tx9399\par \b The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010\par \b0\par \pard\ltrpar\b 1.\b0 -(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.\par \par (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-\par \par (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-\par (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\par (ii) drink as much alcohol as possible (whether within a time limit or otherwise);\par \par (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;\par \par (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;\par \par (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;\par \par (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).\par \par \b 2.\b0 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.\par \par \b 3.\b0 -(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.\par \par (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.\par \par (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-\par \par (a) a holographic mark, or\par (b) an ultraviolet feature.\par \par \b 4.\b0 The responsible person must ensure that-\par \par (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-\par (i) beer or cider: \'bd pint;\par (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and\par (iii) still wine in a glass: 125 ml;\par \par (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and\par \par (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.\par \pard\ltrpar\qj\tx534\tx1101\tx9399\par \pard\ltrpar\qc\b\par \pard\ltrpar\ul The Licensing Act 2003 (Mandatory Conditions) Order 2014\par \pard\ltrpar\qj\ulnone\b0 1.\b \b0 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.\par \par 2.\b \b0 For the purposes of the condition set out in paragraph 1-\par (a) \ldblquote duty\rdblquote is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;\par (b) \ldblquote permitted price\rdblquote is the price found by applying the formula-\par \par \i P \i0 = \i D \i0 + (\i D\i0\'d7\i V\i0 )\par \par where-\par \par (i) P is the permitted price,\par (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were\par charged on the date of the sale or supply of the alcohol, and\par (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;\par \par (c) \ldblquote relevant person\rdblquote means, in relation to premises in respect of which there is in force a premises licence-\par (i) the holder of the premises licence,\par (ii) the designated premises supervisor (if any) in respect of such a licence, or\par (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;\par \par (d) \ldblquote relevant person\rdblquote 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\par \par (e) \ldblquote value added tax\rdblquote means value added tax charged in accordance with the Value Added Tax Act 1994.\par \pard\ltrpar\par \pard\ltrpar\qj 3.\b \b0 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.\par \par 4.-(1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (\ldblquote the first day\rdblquote ) would be different from the permitted price on the next day (\ldblquote the second day\rdblquote ) as a result of a change to the rate of duty or value added tax.\par \par (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.\par \pard\ltrpar\keepn\qj\b\par \par Mandatory conditions where Door Supervisors are provided\par \pard\ltrpar\qj\par \pard\ltrpar\qj\tx534\tx1101\tx9399\b0 All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)\par \par \par } "

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.  Late night refreshment is provided in accordance with food safety requirements.

  2.  No activity of an adult nature on the premises.

  3.  Licence is issued subject to all statements contained within ' J.W Lees - Operating Plan' issue June 2005 (pages 1-5 inclusive) dated 16.07.2005, as attached to the Premises Licence application

   

  The following conditions added by Minor Variation submitted April 2014;

   

  4. CCTV cameras will capture images of main trading areas during times the premises are open to the public

  5. CCTV images to be retained in an unedited format for 31 consecutive days

  6. CCTV images to be readily available to GMP and authorised officers of RMBC

  7. A member of staff trained and capable to download CCTV images present during trading hours and by appointment thereafter

  8. CCTV equipment to be tested daily to ensure system is operating. In the event of CCTV not operating both GMP and RMBC notified with details of repairs schedule

  9. A minimum of 2 SIA registered door supervisors on duty from 22:00 hours on Friday and Saturday until 15 minutes after premises is closed to the public. Condition 9 also applicable on Bank Holidays, Good Friday, Easter Sunday and on other Bank Holidays for Sunday prior to a Bank Holiday Monday. Christmas and New Years Day excluded

  10. Log of SIA door supervisors names, addresses, SIA Licence numbers, duty commencement times, duty finish times and signature maintained

  11. SIA log retained on the premises, produced on request to GMP and authorised officers of RMBC

  12. SIA door supervisors employed from a registered SIA company licensed for that purpose

  13. Incident log maintained for all incidents involving theft, threats, anti-social behaviour, violence or aggression

  14. Incident log produced immediately upon request to GMP or authorised officers of RMBC

  15. Premises DPS or nominated deputy will attend a minimum of 75% where practicable of the Middleton Pub Watch meetings as long as body remains in existence

   

   

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

   

  N/A

   

   

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

   

   

  Section C (Indoor Sporting Event)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details 

  Darts, Pool and Snooker Exhibitions and Competitions.

   

   

  Section E (Live Music)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details 

  Acoustic and amplified.

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details 

  Amplified.

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details 

  N/A

   

   

  Section I (Provision of facilities for making music)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details

  Karaoke. To be performed occasionally.

   

   

  Section J (Provision of facilities for dancing)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details 

  A defined area.

   

   

  Section L (Late Night Refreshment)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details

  In accordance with food and safety requirements.

   

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  Christmas Eve and Boxing Day - An additional hour.

   

  Non-Standard Timings

  An additional hour for all Bank Holiday weekends, Friday to Sunday and St Patricks Day.

   

  Further Details

  N/A

   

   

• CHANGES TO LICENCE / PLAN FOLLOWING VARIATION / MINOR VARIATION:

   

  Plan Submitted 7th February 2019 attached to Licence to supersede all other plans following changes made by submission of Minor Variation application 07th february 2019.

   

  Plan No. 2451.3 dated November 2013 attached to Licence to supersede all other plans following changes made by submission of Variation application 20th November 2013.

  _______________________________________________________________________

   

  See attached plan - Ref No. 002 which supersedes all other plans. To open up passageway between public lounge and games room, reducing the size of the gents toilets.

   

  Submitted by Minor Variation and granted 7th March 2012.