Bury CouncilLicensing Office

Indigo Restaurant

703 Manchester Road, Bury, Lancashire, BL9 9SS

Completed application 024575 which is a Transfer Application for Premises Licence from 12/04/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• LICENSING ACT 2003

   

   

  CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE

   

   

  This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003,  Embedded Conditions carried across on conversion of your previously held Justices Licence, Conditions Converted from any previously held Public Entertainments Licence, Conditions volunteered on the application form to be undertaken by the applicant and  where necessary, Conditions imposed by the Licensing Authority in order to promote the Licensing Objectives.

   

  1.               Mandatory Conditions:

   

  a              No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended.

   

  b              Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.

   

  c              Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA).

   

  d.              In respect of the exhibition of films as mentioned below:

   

  1              The admission of children to the exhibitions of any film is restricted as follows:

  2              Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.

  3              Where:-

  (a)              the film classification body is not specified in this licence, or

  (b)              the licensing authority has notified the holder of the licence that this subsection applies to the film in question,

  the admission of children is restricted in accordance with any recommendation made by the licensing authority.

  4              In relation to the above:

  “children” means persons under the age of 18 years; and

  “film classification body” means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984.

   

  2.              Additional Mandatory Conditions pursuant to The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010,

   

                (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

   

  (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;

   

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

   

  (e) 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.

   

  3.               The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  4.               The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

   

  5.              The following two conditions take effect as from 1st October 2010.

   

                (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  6.               The responsible person shall 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;

  (iii) still wine in a glass: 125 ml; and

  (b) customers are made aware of the availability of these measures.

   

  7.              Definition:

   

  Responsible person - as defined by section 153 (4) Licensing Act 2003 -

   

  (a)              In relation to a licensed premises -

   

                (i)              the holder of a premises licence in relation to a premises

                (ii)              the designated premises supervisor (if any) under such a licence

  (iii)              any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor.

   

  (b)              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 him to prevent the supply in question.

   

  Appendix C

  Additional Conditions

  1.              Staff to be continually trained in relation to the licensing objectives and requirements of               the Licensing Act 2003.

  2.              CCTV will continue to be installed and tapes to be safely retained for a minimum period               of 28 days for viewing purposes by the authorities including the police.

  3.              All emergency lighting, fire exits, fire safety equipment including fire alarms, electrical and               gas installations should be regularly checked to ensure that they are properly maintained               and in good working order.

  4.              Proof of identity/age should be required and satisfied before allowing entry of person(s)               who appear may be under 18 years of age and wish to purchase/consume alcohol.