Schedule 12
Part A Regulation 33, 34
Premises Licence
Brighton and Hove City Council
|
Premises Licence Number |
1445/3/2022/04412/LAPREV |
Part 1 – Premises Details
|
Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code
Saint James 16 Madeira Place Brighton East Sussex BN2 1TN
|
|
|
Telephone number |
01273 606900 |
|
Licensable activities authorised by the licence
Exhibition of a Film Indoor Sporting Event Performance of Live Music Performance of Recorded Music Anything of a similar description to live music, recorded music or performance of dance Late Night Refreshment Sale by Retail of Alcohol
|
|
Times the licence authorises the carrying out of licensable activities
Exhibition of a Film - Indoors Sunday to Thursday 09:00 - 00:00, Friday and Saturday 09:00 - 01:00. PLUS: When hours for sale of alcohol are extended on Bank Holidays and ‘Event Days’, these hours are also extended.
Indoor Sporting Event Sunday to Thursday 09:00 - 00:00, Friday and Saturday 09:00 - 01:00. PLUS: When hours for sale of alcohol are extended on Bank Holidays and ‘Event Days’, these hours are also extended. To permit pub games which attract an audience, whether by advertisement or spontaneously.
Performance of Live Music - Indoors Live Acoustic/Amplified music and amplified voice all performances will be limited to end at 23:00 to minimise nuisance.
Performance of Recorded Music - Indoors Sunday to Thursday: 09:00 – 00.00, Friday and Saturday: 09.00 – 01.00. PLUS: When hours for sale of alcohol are extended on Bank Holidays and ‘Event Days’, these hours are also extended.
Anything of a similar description to live music, recorded music or performance of dance Sunday to Thursday 09:00 - 00:00, Friday and Saturday 09:00 - 01:00. PLUS: When hours for sale of alcohol are extended on Bank Holidays and ‘Event Days’, these hours are also extended. Comperes for quiz and similar events comedians and similar performances in any case using voice amplification.
Late Night Refreshment - Indoors Sunday to Thursday 23:00 to 00:30, Friday and Saturday 23:00 to 01:30. PLUS: When hours for sale of alcohol are extended on Bank Holidays and ‘Event Days’, these hours are also extended. Provision of hot drinks and bar snacks, particularly during 'wind down' period.
Sale by Retail of Alcohol Sunday to Thursday 09:00 to 00:00, Friday and Saturday 09:00 - 01:00. PLUS: 09.00 New Year's Eve to the start of permitted hours on the following day. 09:00 - 01:00 the following morning on Friday, Saturday, Sunday and Monday on Bank Holiday weekends, Christmas Eve, and Boxing Day. PLUS: 09:00 - 01:00 the following morning on up to 12 other events days per annum, 'at my discretion' ("occasionals") |
|
The opening hours of the premises Sunday - Thursday: 08.00 - 00.30, Friday - Saturday: 08.00 - 01.30 08.00 New Year's Eve to the start of permitted hours on the following day. 08:00 - 01:30 the following morning on Friday, Saturday, Sunday and Monday on Bank Holiday weekends, Christmas Eve and Boxing Day 08:00 - 01:30 the following morning on up to 12 other events days per annum, 'at my discretion' ("occasionals") |
|
Where the licence authorises supplies of alcohol whether these are on and / or off supplies
Alcohol is supplied for consumption both on and off the Premises. |
Part 2
|
Name, (registered) address, telephone number and email (where relevant) of holder of premises licence
Saint James Tavern Limited Businex Accountants 104 High Street Colliers Wood London SW19 2BT |
Registered number of holder,
for example company number, charity number (where applicable) 12826801
|
Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol
Victoria Bennett REDACTED |
|
Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol
Party Reference: REDACTED Licensing Authority: Brighton & Hove City Council
|
Annex 1 - Mandatory conditions
S 19; mandatory conditions where licence authorises 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, or
b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence
3. (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 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 must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (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.
6. 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.
Minimum Drinks Pricing
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+(DxV)
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.
S 20; mandatory condition: exhibition of films
1. Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
2. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation by that body.
3. Where –
(a) The film classification body is not specified in the licence, or
(b) The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
4. In this section –
“children” means any person aged under 18; and
“film classification body” means the person or persons designated as the authority under Section 4 of the Video Recordings Act 1984(c39) (authority to determine suitability of video works for classification).
S 21; mandatory condition: door supervision
1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001: or
b) Be entitled to carry out that activity by virtue of section 4 of the Act.
2. But nothing in subsection (1) requires such a condition to be imposed:
a) In respect of premises within paragraph 8 (3)(a) of Schedule 2 to the Private Security Industry act 2001 (c12) (premises with premises licences authorising plays or films): or
b) In respect of premises in relation to:
I. Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence) or
II. any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
3. For the purposes of this section:
a) “Security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for purposes of that Act, (see Section 3(2) of that Act) and
b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Embedded Conditions:
On Licences
1. Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
1) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10 a.m. to 11 p.m.
2) On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.
3) On Good Friday, 12 noon to 10.30 p.m.
4) On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
5) On New Year’s Eve, except on a Sunday, 10 a.m. to 11 p.m.
6) On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m
7) 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.
Restrictions
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours the consumption of alcohol on the premises;
b) during the first twenty minutes after the above hours, the taking of 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 alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) consumption of 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 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 alcohol 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.
2. Premises with no children’s certificate-
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) 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.
d) The bar is in 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 alcohol. 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.
Source Section 168,171 and 201 Licensing Act 1964
4. Late Night Refreshment
The Licence may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above, and on New Years Eve until 5am on New Years Day.
5. Recorded Music
Premises licensed for the sale and supply of alcohol may provide, at any time, regulated entertainment by the reproduction of wireless, including television broadcast and of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.
Source Section 182 Licensing Act 1964
Variations to Embedded Conditions:
1. Remove all embedded restrictions inherent in the Licensing Act 1964, the Cinematograph (Safety) Regulations 1955 and the Children and Young Persons Act 1933.
2. Extend the hours alcohol is sold and provision of regulated entertainment.
Annex 2 - Conditions consistent with the Operating Schedule:
General:
1. Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.
2. Not less than 5 working days written notice will be provided to police when “event” days are planned.
3. Subject to permitted opening hours on the licence, the first floor can be used to provide a breakfast service if no licensable activities are taking place within that area.
4. In relation to the first floor, between the hours of 12:00 – 20:00 licensable activities can take place on a Sunday for a “Sunday Roast” or alternative main meal offering. Alcohol served within this area is ancillary to a table meal, waiter/waitress service and no vertical drinking. The area will be closed to customers no later than 20:30 when operating under this condition.
5. In relation to the first floor and when not operating under Annex 2 Condition 4, this area will only be used for licensable activities when it has been pre booked at least 72 hours in advance for an exclusive private hire event or for private dining. Events organised by the venue itself is not permitted i.e., New Years, Christmas, Pride, Halloween parties etc. All attendees will be in possession of a valid ticket or listed in a guest list.
6. In relation to the first floor and when not operating under Annex 2 Condition 4, details of bookings will be recorded and be available on the premises for inspection by police and authorised officers of the Licensing Authority. The details will include at a minimum bookers name and contact information, date of booking, numbers of attendees and the event details i.e., birthday, wedding, and timings. The log will be kept for a minimum of 12 months.
7. Excluding when utilising Annex 2 Condition 4, unless both ground and first areas have been booked out for a single private hire event, the two areas will not intermingle.
8. In relation to the first floor area when this is being used under the conditions of the licence, a member of staff will be always within this area.
Prevention of crime and disorder:
9. Subject to GDPR guidance and legislation:
(a) Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrances/exits to the premises as well as any outside space. The system shall be on and recording at all times the premises licence is in operation.
(b) The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.
(c) CCTV footage will be stored for a minimum of 31 days
(d) The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.
(e) The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.
(f) The management of the premises will ensure that key staff are fully trained in the operation of the CCTV and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Police e.g., USB) or provide footage via an online link as initiated by Police, without difficulty or delay and without charge.
(g) Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.
(h) In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.
10. SIA licensed door supervisors shall be employed on any other occasions when a requirement is identified by the licence holder's written risk assessment or requested by Sussex Police in writing at least 48 hours in advance. The written risk assessment will be reviewed at least once every calendar year. The written risk assessment will take into account information or guidance offered by the police, and also taking into account busy periods such as Bank Holidays, Season Variations and other City Centre Events e.g. Pride. The written risk assessment will be available on the premises for inspection by police and authorised officers of the Licensing Authority.
11. At all times the premises is open to the public, the management will contract the backup services of an approved mobile support unit (MSU) 24 hours a day, with a minimum of 2 SIA registered Door Supervisors operating from it. A copy of the MSU contract will be retained at the premises and made available for immediate inspection upon request by Sussex Police or Council Officials. The MSU will be accredited by the Brighton Business Crime Reduction Partnership (BCRP) or other similar organisation approved by Sussex Police should the BCRP not be in existence.
12. The premises will become a member of the Business Crime Reduction Partnership or similar scheme approved by the Licensing Authority. The scheme must operate, subject to local coverage, radios and additionally an exclusion/banning scheme of named individuals within both the day and night-time economy.
13. (a) An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week.
(b) The logbook should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence.
(c) Any refusals made for alcohol service e.g., underage, will also be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of 24 months.
Public safety:
N/A
Prevention of public nuisance:
14. The noise limiter in place restricting decibel output to an agreed level must be maintained to operate at the level set. Any changes to level must be agreed with by an Environmental Health Officer.
Protection of children from harm:
15. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID, biometric residence permit cards or proof of age cards bearing the ‘PASS’ mark hologram. The list of recommended forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.
16. Signage advertising the “Challenge 25” policy will be displayed in prominent locations in the premises.
17. (a) The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:
*The lawful selling of age restricted products
*Refusing the sale of alcohol to a person who is drunk *Refusing the sale of alcohol for consumption off the premises to people who may have alcohol dependency issues
(b)Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
(c)All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.
Annex 3 - Conditions Attached after a hearing of a Licensing Panel
(1) All doors and windows to be closed by 23.00 hours.
(2) The license holder shall ensure that noise or vibration does not emanate from the premises so as to cause a nuisance to nearby properties after 23.00 hours.
(3) No live or amplified music after 23.00 hours.
(4) The license holder shall ensure that prominent, clear and legible notices are displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
(5) The license holder shall ensure that people on or leaving the premises conduct themselves in an orderly manner at all times and do not in any way cause annoyance to residents and people passing by the premises.
(6) Bottling up into recycling bins shall not occur from 23.00 hours to 07.00 hours Sunday to Thursday. 23.00 hours to 09.00 hours on Friday and Saturday.
(7) All bottles/containers leaving the premises as off sales will be sold sealed.
Annex 4 – Plans
