The Rochdale

81 Drake Street, Rochdale, Lancashire, OL16 1SD

Completed application 071218 which is a Review of Licence/Certificate for Premises Licence from 04/02/2016 to indefinite

Applicant(s)

Permitted Activities

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

Additional Conditions

• Annex 1

   

  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.

   

  On Licence

   

  Embedded Conditions

   

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means:

   

  a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10 a.m. to 11 p.m.

  b. On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.

  c. On Good Friday, 12 noon to 10.30 p.m.

  d. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  e. On New Year’s Eve, except on a Sunday, 10 a.m. to 11 p.m.

  f. On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m

  g. On New Year’s Eve from the end of permitted hours on New Year’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 31st December).

   

  The above restrictions do not prohibit:

  (a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  (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;

  (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;

  (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.

   

  Off Sales

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means:

  a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.

  b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.

  c.  On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  d. On Good Friday, 8 a.m. to 10.30 p.m.

   

  The above restrictions do not prohibit:

  (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;

  (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-licence, no children’s certificate

  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;

  (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 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 “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.

   

  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.

   

  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. No irresponsible sales promotions of alcoholic beverages shall be offered to customers.

  2. No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public.

  3. A sign will be displayed on the premises indicating the standard hours during which the sale of alcohol is permitted.

  4. The DPS will be a member of the local Pubwatch.

  5. All fire doors will be maintained effectively self closing and shall not be held open other than by approved devices.

  6. Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summoned, are to be prominently displayed.

  7. A sign will be located at the exit(s) requesting that customers leaving the premises do so quietly and with consideration to neighbours.

  8. No one under the age of 18 will be allowed to enter or remain on the premises.

  9. Anyone who appears to be under the age of 21 and who is attempting to buy alcohol must be required to produce proof of age before such a sale is made.

  10. To participate in any such put and club watch scheme.

   

  The following conditions updated following Variation application commencing 13/09/2011;

   

  11. To fit CCTV and recording system in the same premises.

  12. To use and maintain any such CCTV and recording system as may be fitted.

  13. To change the tapes as may be required and retain for one calendar month.

  14. To produce the tapes upon request to a police officer.

   

  Updated to;

   

  11. CCTV images recorded.

  12. CCTV equipment fully operational and maintained.

  13. CCTV images to be retained in unedited format for 30 days.

  14. CCTV cameras cover the external area immediately to the front of the premises.

  15. CCTV cameras cover all indoor public areas of the premises.

  16. CCTV images produced to the Police and Authorised Officers of RMBC upon request.

   

  The following conditions updated following Minor Variation application commencing 14/05/2013;

   

  17.  Provision of two SIA Registered Door Supervisors, Friday and Saturday from 20:00 - 00:30 hrs

  18. Two SIA Registered Door Supervisors on the Sunday preceeding a Bank Holiday 20:00 - 00:30

  19. CCTV Cameras to be installed to the rear of the premises

  20. Two SIA Registered Door Supervisors will be deployed for football matches if deemed necessary.

   

  The above conditions amended by way for Minor Variation application submitted 04/07/2013 to;

   

  17. Provision of two SIA Registered Door Supervisors, Friday and Saturday from 21:00 - 00:30 hrs

  18. Two SIA Registered Door Supervisors on the Sunday preceeding a Bank Holiday Monday from 21:00 - 00:30 hrs

   

  The following conditions added as agreed at Magistrates Court Hearing on 04/02/2016;

   

  1. Remove the current DPS

  2. No customers carrying open or sealed glass bottles admitted to the premises at any time that the premises are open to the public

  3. Sign displayed on the premises indicating the standard hours during which the sale of alcohol is permitted

  4. Sign(s) located at the exit(s) requesting that customers leaving the premises do so quietly and with consideration to neighbours

  5. No one under the age of 18 allowed to enter or remain on the premises from 20:00 until close

  6. Challenge 25 scheme in operation at the premises in relation to age verification for alcohol sales and other age-restricted products. Signs and/or posters displayed in prominent positions inside the premises to inform customers of this condition

  7. Refusals book kept at the premises and used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premises, any refusals to sell such items to underage persons or persons who appear underage must be recorded. The details recorded are as follows;

  (i) Time, day & dates of refusal

  (ii) Item refused

  (iii) Name & address of customer (if given)

  (iv) Description of customer

  (v) Details of I.D offered (if shown)

  The refusals book made available for inspection by responsibly authorities on request

  8. A written age policy on the premises at all times and produced immediately to GMP or an authorised officers of the Local Authority upon request

  9. A tamper-proof digital colour CCTV system installed and maintained at the premises to the satisfaction of GMP

  10. The system runs and records continuously for 24hrs a day, 7 days per week and recorded footage stored for a minimum of 28 days

  11. The system provides a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by GMP

  12. Recorded footage provided to a representative of any responsible authority on request. Such footage provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media kept on the premises at all times

  13. A member of staff trained to operate the system and supply footage present at the premises at all times when licensable activities are taking place

  14. The Designated Premises Supervisor (DPS) ensures the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time and date. A written record of these checks kept, including a signature of the person carrying out the check. This written record kept on the premises at all times and made available to a representative of any responsible authority on request

  15. Suitable signage informing customers that a CCTV system is in operation placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act

  16. The DPS provides the police with the contact details of at least two members of staff (or other person(s)) who are trained and familiar with the operation of the equipment so that they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data within a reasonable period of time of the request

  17. The premises licence holder or the DPS must notify the licensing officer or the police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 24 hours

  18. All members of staff performing a door supervisory function must belong to an SIA approved contractor status company

  19. A minimum of 2 SIA registered door supervisors employed at the premises on Friday and Saturday nights and any day preceding a public holiday from 21:00 until 30 minutes after the premises closes. Door supervisors will wear high visibility armbands.

  20. A minimum of 2 SIA registered door supervisors shall also be employed at the premises on any day where an event is advertised by anyone associated with the operation of the premises and which is to take place at the premises (such as birthday parties and other special occasions etc.), from the advertised start time until 30 minutes after the premises closes and must give no less than 48 hours notice of such events to GMP

  21. Door supervisor policy produced and implemented by management to include details of disciplinary procedures, and the managements expectations as to the behaviour and professionalism of the door staff. This policy submitted to GMP and the Licensing Manager on first implementation and following any subsequent changes to the policy

  22. A door supervisor log correctly maintained at the premises. This will include the following details;

  (i) The door staffs names, dates of birth and home addresses

  (ii) Full details, name, address and contact number of employment agency used

  And for each individual period of trading:

  (iii) The name of the individual member of door staff

  (iv) His/her Security Industry Authority licence number

  (v) The time and date he/she starts and finishes duty

  (vi) The time of any breaks taken whilst on duty

  (vii) Each entry signed by the door supervisor, DPS or nominated person

  23. An incident book (with the pages numbered sequentially) kept on the premises and made available for inspection by responsible authorities. The incident book must be used to record the following;

  (i) Any incident of violence or disorder on or immediately outside the premises

  (ii) Any incident involving controlled drugs (supply/possession/influence) on the premises

  (iii) Any other crime or criminal activity on the premises

  (iv) Any refusal to serve alcohol to persons who are drunk (on sale and off sale premises only)

  (v) Any refusal to serve alcohol to under 18's or anyone who appears to be under 18

  (vi) Any call for police assistance to the premises

  (vii) Any ejection from the premises

  (viii) Any first aid/other care given to a customer

  24. Any staff employed at the premises trained by the DPS on first appointment and at least every three months thereafter. Training will include input on preventing underage sales, sales of alcohol to people who are drunk, application of the drugs policy and any other relevant matters. A written record kept of all training carried out. This record must be kept on the premises and made available for inspection by any responsible authority.

  25. A personal licence holder present on the premises at all times licensable activities, live music (amplified or unamplified), recorded music or any other types of entertainment (amplified or unamplified) are taking place

  26. The premises must not sell, supply, advertise or keep as stock any type of "new psychoactive substances" (NPS) commonly known as "legal highs". This includes any substance which mimics the effects of illegal drugs, irrespective of whether the substance is labelled as "not for human consumption" and also includes nitrous oxide in any form

  27. In addition, any other substance, item or other thing which may, from time-to-time be identified as having an intoxicating effect by the police or local authority must not be sold, supplied or advertised or kept in stock

  28. Mr Mark Poyner and Mr Nick Germani will not have any links or involvement with the management or running of the premises

  29. The premises licence holder must arrange for the premises to be visited at least every three months by a suitable qualified person. Such person must carry out a full audit to ensure that the premises remains fully compliant with the premises licence and all conditions therein. A record of these audies kept at the premises and made available for inspection on request of a representative of any responsible authority

   

   

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

   

  N/A

   

   

• 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

  N/A

   

  Further Details 

  N/A

   

   

  Section C (Indoor Sporting Event)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  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

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details 

  N/A

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details 

  N/A

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details 

  N/A

   

   

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

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details 

  N/A

   

   

  Section I (Provision of facilities for making music)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details

  N/A

   

   

  Section J (Provision of facilities for dancing)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details 

  N/A

   

   

  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

  N/A

   

  Further Details 

  N/A

   

   

  Section L (Late Night Refreshment)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  N/A

   

  Further Details

  N/A

   

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  N/A

   

  Non-Standard Timings

  Christmas Eve, Boxing Day, St Georges Day, St Patricks Day, the Thursday preceeding Good Friday and Friday, Saturday & Sunday of every Bank Holiday Weekend - an additional hour

   

  Further Details

  N/A