The Empire

Town Hall Square, Rochdale, Lancashire, OL16 1NJ

Completed application 096174 which is a Minor Variation Application for Premises Licence from 02/11/2019 to indefinite

Applicant(s)

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol
• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment

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  The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.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.  CCTV installed and fully operational, images to be retained for a minimum of one calender month

  2. SIA approved Door Supervisors

  3. Active Pub Watch member

  The below conditions agreed upon between GMP and Premises Licence Holder following Variation Application submitted in February 2012;

   

  4. All staff employed at the premises must be trained within one month of commencement of work

  5. Training records to be kept and produced to the police and/or RMBC upon request

  6. All staff to be given refresher training every 12 months and records to be kept and produced upon request to police and/or RMBC

  7. A refusals log to be maintained and produced upon request by police and/or RMBC

  8. An incident log to be maintained and produced upon request by police and/or RMBC

  9. The premises must employ its door staff through an SIA registered company (the Security Industry Approved contractors scheme)

  10. All door staff to complete a signing in log which must contain the full badge number, full name, date of birth and times they commence and finish duty

  11. The premises must hold details of the door staffs home address and contact numbers and make them available immediately upon request to the police and/or RMBC

   

   

   

   

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

   

   

   

  The below conditions to be remove after Mnor Variation Application October 2019

   

  Removed condition 10. A minimum of 4 door staff to be employed on Friday, Saturday and Sunday and replaced with 10 and 10A

   

  1. The premises will not operate drinks promotions that encourage the irresponsible consumption of alcohol.

   

  The below conditions to be remove after Variation Application 2017

   

  2.Perasons under the age of 16 permitted on the premises.

  Monday to Sunday - 11.00hrs ro 21.00hrs

  Subject to the following - Conditions

                1. That indiviual must be accompanied by a responsible adult over the age of 18.

                    The responsible adult is not permitted to have more than three individuals in their charge.

                OR:

  Monday to Sunday - 11.00hrs to 23.00

                2. That Individual is chaperoned, as part of a pre-booked event, by the event organiser(s) who must be over the age 25. The event organiser is presentthroughout the event.1 X charperone for each 25 individuals who are under the age of 18.

                3. CCTV is of evidential quality.

                4. CCTV images include facial recongnition

  3. All door staff, whether inside or out, to wear as a minimum standard of dress, a fluorescent waistcoat over their normal working clothes.

   

  The below conditions updated by GMP and agreed by Premises Licence Holder following Variation Application submitted February 2012;

   

  4. CCTV system is maintained, images retained for a period of 31 days & made available to any Police Officer or authorised officer from Rochdale Metropolitan Borough Council Licensing section upon request.

  5. Premises to adopt the "Challenge 21" scheme as adopted by the British Beer & Pub Association

   

  Updated to;

   

  4. CCTV to be fully operational recording at all times the premises is open to the public and/or licensable activities are taking place. Images must be retained for a minimum of 31 days and made available immediately upon the request of the police and/or RMBC

  5. Premises to adopt the Challenge 25 scheme

   

  The below conditions added at hearing following Variation application submitted February 2014;

   

  6. Playing of recorded music (indoors) Monday to Sunday 11:00 - 04:00

  7. Provision of facilities for dancing (indoors) Monday to Sunday 11:00 - 04:00

  8. The sale by retail of alcohol for consumption ON & OFF the premises Monday to Sunday 11:00 - 04:00

  9. The opening hours of the premises Monday to Sunday 11:00 - 04:20

  10. 2 x SIA door staff to be on duty from 21.00hrs on Friday and Saturday until premises close, An additional 2 X SIA door staff to be on duty from 23.00hrs Friday and Sunday until premises close

  10.( A) . 2 X SIA door staff to be on duty from 21.00hrs on Sunday until premises close.

  11. A reduction of 30% in the volume of music Monday to Sunday between the hours of 03:00 - 04:00

  12. Dispersal Policy (attached) in operation. In accordance with said Policy, taxi freephone service installed that operates a ring back system

   

   

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

   

   

  Section E (Live Music)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details 

  N/A

   

   

  Section F (Recorded Music)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details 

  N/A

   

   

  Section G (Performances of Dance)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details 

  N/A

   

   

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

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details 

  N/A

   

   

  Section I (Provision of facilities for making music)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details

  N/A

   

   

  Section J (Provision of facilities for dancing)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details 

  N/A

   

   

  Section K (Provision of facilities for entertainment of a similar description to that falling within (i) or (j))

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details 

  N/A

   

   

  Section L (Late Night Refreshment)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details

  N/A

   

   

  Section M (Supply of Alcohol)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details

  N/A

   

   

  Section O (Hours premises are open to the public)

   

  Seasonal Variations

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays preceding bank holiday Monday from 23.00hrs until premises close.

  An additional 2 X SIA door staff on duty from 23.00hrs on ALL Sundays in December and the first Sunday in January until premises close.

  4 X SIA door staff to be deployed on any Sundays, at the direction and instruction of Greater Manchester Police, if required, for prevailing Town centre, and Local/National issues or Events.

   

  Non-Standard Timings

  Additional hour on all Bank Holiday Sunday's

   

  Further Details

  N/A

   

   

   

• Plan submitted 05.05.2017