Edwin Waugh

10-12 Market Street, Heywood, Lancashire, OL10 4LY

Completed application 025180 which is a Change of Supervisor for Premises Licence from 17/10/2006 to indefinite

Applicant(s)

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• any playing of recorded music

Additional Conditions

• ANNEX 1

   

  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.

   

   

  On and Off Licence Conditions

   

  Embedded Conditions

   

  The above restrictions do not prohibit:

  (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;

  (e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (f) the sale of alcohol to a trader or club for the purposes of the trade or club;

  (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’s naval, military or air forces;

  (h) the taking of alcohol from the premises by a person residing there; or

  (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

  (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.

   

  The above restrictions do not prohibit:

  (b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (c) the sale of alcohol to a trader or club for the purposes of the trade or club;

  (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’s naval, military or air forces;

   

  Credit Sales

  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;

  (a)              with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  (b)              for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  (c)              to a canteen or mess;

   

   

  On-licensed premises with children’s certificates

  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;

  (1)              He is the child of the holder of the premises licence;

  (2)              He resides in the premises, but is not employed there;

  (3)              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;

  (4)              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;

  (5)              (a) He is in an area shown on the plan attached to the licence;

  (b) Meals and non-alcoholic beverages are available for sale for consumption in that area;

  (c) He is in the company of a person aged18 years or over;

                (d) He is there prior to 9 p.m.

   

  In this condition “bar” 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.

   

  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.

   

  Mandatory Condition where the licence permits the performance of Films

   

  Where a programme includes a film in the 12A, 15 or 18 category, as classified by the British board of Film Classification, no person appearing to be under the age of 12 (and unaccompanied in that case),15 or 18 as appropriate shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms-

   

   

  PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME

   

  Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.

   

  This condition does not apply to members of staff under the relevant age while on duty provided the prior written consent of the person’s parents or legal guardian has first been obtained.

   

  Immediately before each exhibition of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds a in such a manner that it can be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the category of the film

   

   

  Mandatory conditions where Door Supervisors are provided

   

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

   

  Mandatory Conditions for club Premises with off sales

   

  1) The supply of alcohol for consumption off the club premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.

   

  2) Any alcohol supplied for consumption off the premises must be in a sealed container.

   

  3) That any supply of alcohol for consumption off the premises must be made to a member of the club in person.

   

   

   

   

   

   

• ANNEX 2 - Conditions Consistent with the operating schedule

   

  1) The operation of the premises will be undertaken with strict compliance to the law.

  2) Risk assessments will be undertaken to ensure compliance with Health & Safety Legislation.

  3) Section A,B,C,D,E,F,G,I,T and L of JD Wetherspoons overview of operations, as in force on 13.06.2005 will apply to this licence.

  4) Credit Sales are permitted.

   

   

   

   

   

   

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

   

  1) All children will be required to vacate the bar by 18:00 hrs unless they are eating in which case they will be required to vacate the bar by 18:30 hrs.

  2) Conditions attached to the Justices On Licence No 290 granted by Rochdale Magistrates Court on the 17/12/2004 do not apply to this Premises Licence.

  3) Sections 168, 168A and 171 of the Licensing Act 1964 do not apply to this Premises Licence.

   

   

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

   

  Section L (Late Night Refreshment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  In line with the hours mentioned under non standard timings in Box M

   

  Further Details

  N/A

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  For the avoidance of doubt Good Friday and Christmas Day are included within the standard timings shown in this part.  However the position in relation to New Year's Eve remains as existing under Licensing Act 1964 (ie on New Year's Eve alcohol sales may continue until the start of trading hours on New Year's Day).

   

  Non-Standard Timings

  On Christmas Eve until 02:00am

  On Boxing Day until 02:00 am

   

  For an additional hour to the finish times on the following days:-

   

  Burns Night - 25 January

  Australia Day - 26 January

  St David's Day - 1 March

  St Patrick's Day - 17 March

  St George's Day - 23 April

  St Andrew's Day - 30 November

   

  For an additional 30 minutes to the finish times on the following days:-

   

  Thursday immediately preceding Good Friday

  Sunday immediately preceding a Bank Holiday

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  In line with the hours mentioned under non standard timings in box M plus an additional hour.

   

  For an additional hour on the morning of the day the clocks go forward (in order to negate the effect of the change from British Summer Time to Greenwich Meantime).

   

  Notwithstanding these usual opening times, the premises, in accordance with the converted right, may choose to open to the public at any time  for non-licensable activities/purposes.

   

  Further Details

  N/A