Application Details

Application Number:
69413
Licence Number:
447
Licence Description:
Licensing Act 2003
Licence Type:
Premises Licence
Application Type:
Full Variation
Status:
In progress
Licensee:
Tyne Moulds & Machinery Company Limited
Agent:
Sarah Smith
Trading Name:
Biscuit Factory
Licence Address:
16 Stoddart Street
Newcastle Upon Tyne
NE2 1AN
Received Date:
11-06-2021
Consultation End Date:
09-07-2021
 

  Application Specifics

Premises Licence

Details of Proposed Application / Variation:
Variation application to:

1. Vary the layout of the premises as set out in the plans submitted with the application to include extended café area, new meeting room and garden room.

2. Vary the wording of Condition 2 of Annex 2 of the licence to read:-

"Alcohol may only be sold or served within the premises to persons attending a pre-arranged bona fide function or event at the premises OR to persons who are seated or who have a seat reserved within the premises".

Performance of a Play:
Yes
Plays Start Monday:
10:00
Plays End Monday:
01:00
Plays Start Tuesday:
10:00
Plays End Tuesday:
01:00
Plays Start Wednesday:
10:00
Plays End Wednesday:
01:00
Plays Start Thursday:
10:00
Plays End Thursday:
01:00
Plays Start Friday:
10:00
Plays End Friday:
01:00
Plays Start Saturday:
10:00
Plays End Saturday:
01:00
Plays Start Sunday:
10:00
Plays End Sunday:
01:00
Seasonal Variations:
The licensable activities specified in this licence may be provided from the end of the specified finish times on any day which is New Year's Eve to the beginning of the start times on the following day (New Year's Day).For an additional hour on the day that GMT becomes BST
Exhibition of a Film:
Yes
Films Start Monday:
10:00
Films End Monday:
01:30
Films Start Tuesday:
10:00
Films End Tuesday:
01:30
Films Start Wednesday:
10:00
Films End Wednesday:
01:30
Films Start Thursday:
10:00
Films End Thursday:
01:30
Films Start Friday:
10:00
Films End Friday:
01:30
Films Start Saturday:
10:00
Films End Saturday:
01:30
Films Start Sunday:
10:00
Films End Sunday:
01:30
Indoor Sporting Event:
No
Boxing or Wrestling :
No
Performance of Live Music:
No
Playing of Recorded Music:
No
Performance of Dance:
No
Anything of a similar description to that falling within (E), (F) or (G):
No
Provision of Late Night Refreshment:
Yes
Provision of Late Night Refreshment Start Monday:
23:00
Provision of Late Night Refreshment End Monday:
01:30
Provision of Late Night Refreshment Start Tuesday:
23:00
Provision of Late Night Refreshment End Tuesday:
01:30
Provision of Late Night Refreshment Start Wednesday:
23:00
Provision of Late Night Refreshment End Wednesday:
01:30
Provision of Late Night Refreshment Start Thursday:
23:00
Provision of Late Night Refreshment End Thursday:
01:30
Provision of Late Night Refreshment Start Friday:
23:00
Provision of Late Night Refreshment End Friday:
01:30
Provision of Late Night Refreshment Start Saturday:
23:00
Provision of Late Night Refreshment End Saturday:
01:30
Provision of Late Night Refreshment Start Sunday:
23:00
Provision of Late Night Refreshment End Sunday:
01:30
Sale of Alcohol by Retail :
Yes
Sale of Alcohol by Retail - Alcohol Consumption:
Both on and off the premises
Sale of Alcohol by Retail Start Monday:
10:00
Sale of Alcohol by Retail End Monday:
00:00
Sale of Alcohol by Retail Start Tuesday:
10:00
Sale of Alcohol by Retail End Tuesday:
00:00
Sale of Alcohol by Retail Start Wednesday:
10:00
Sale of Alcohol by Retail End Wednesday:
00:00
Sale of Alcohol by Retail Start Thursday:
10:00
Sale of Alcohol by Retail End Thursday:
00:00
Sale of Alcohol by Retail Start Friday:
10:00
Sale of Alcohol by Retail End Friday:
00:00
Sale of Alcohol by Retail Start Saturday:
10:00
Sale of Alcohol by Retail End Saturday:
00:00
Sale of Alcohol by Retail Start Sunday:
10:00
Sale of Alcohol by Retail End Sunday:
00:00
Opening Hours Start Monday:
08:00
Opening Hours End Monday:
01:30
Opening Hours Start Tuesday:
08:00
Opening Hours End Tuesday:
01:30
Opening Hours Start Wednesday:
08:00
Opening Hours End Wednesday:
01:30
Opening Hours Start Thursday:
08:00
Opening Hours End Thursday:
01:30
Opening Hours Start Friday:
08:00
Opening Hours End Friday:
01:30
Opening Hours Start Saturday:
08:00
Opening Hours End Saturday:
01:30
Opening Hours Start Sunday:
08:00
Opening Hours End Sunday:
01:30
Late Night Levy:
No

Licence Activity

Licence Activity Type:
Performance of Live Music and Similar
Standard Start Monday:
10:00:00
Standard End Monday:
01:00:00
Standard Start Tuesday:
10:00:00
Standard End Tuesday:
01:00:00
Standard Start Wednesday:
10:00:00
Standard End Wednesday:
01:00:00
Standard Start Thursday:
10:00:00
Standard End Thursday:
01:00:00
Standard Start Friday:
10:00:00
Standard End Friday:
01:00:00
Standard Start Saturday:
10:00:00
Standard End Saturday:
01:00:00
Standard Start Sunday:
10:00:00
Standard End Sunday:
01:00:00
Licence Activity Type:
Playing of Recorded Music and Similar
Standard Start Monday:
10:00:00
Standard End Monday:
01:30:00
Standard Start Tuesday:
10:00:00
Standard End Tuesday:
01:30:00
Standard Start Wednesday:
10:00:00
Standard End Wednesday:
01:30:00
Standard Start Thursday:
10:00:00
Standard End Thursday:
01:30:00
Standard Start Friday:
10:00:00
Standard End Friday:
01:30:00
Standard Start Saturday:
10:00:00
Standard End Saturday:
01:30:00
Standard Start Sunday:
10:00:00
Standard End Sunday:
01:30:00
Licence Activity Type:
Performance of Dance and Similar
Standard Start Monday:
10:00:00
Standard End Monday:
01:00:00
Standard Start Tuesday:
10:00:00
Standard End Tuesday:
01:00:00
Standard Start Wednesday:
10:00:00
Standard End Wednesday:
01:00:00
Standard Start Thursday:
10:00:00
Standard End Thursday:
01:00:00
Standard Start Friday:
10:00:00
Standard End Friday:
01:00:00
Standard Start Saturday:
10:00:00
Standard End Saturday:
01:00:00
Standard Start Sunday:
10:00:00
Standard End Sunday:
01:00:00

Conditions

The admission of children (ie. persons under 18 years of age) to the exhibition of any film must be restricted in accordance with any recommendation made by:a) the British Board of Film Classification;b) a film classification body designated from time to time under section 4 of the Video Recordings Act 1984; or;c) the Licensing Authority; following notification to the licence holder that section 20 (3) of the Licensing Act 2003 applies to the film in question.
Each of the individuals employed on the Premises to carry out a security activity must be licensed for that purpose by the Security Industry Authority.
(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 ofdisability).
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(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.
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.Responsible person is defined in Section 153(4) of the Licensing Act 2003.
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.
The premises operate as an art gallery with function /conference facilities; restaurant and café. There will be no change to the brand or operating style of the premises without prior written notification to the licensing authority; which shall include details of the brand or operating style proposed. The licensing authority shall advise within 21 days whether a formal application for variation or a new licence is required and the licence holder shall comply with that direction.
Alcohol may only be sold or served within the premises to persons attending a pre-arranged bona fide function at the premises; save for within the areas hatched blue on the approved plan; where alcohol may also be sold or served to persons who are seated or who have a seat reserved within that area.
The Operator shall ensure that at all times when the premises are open for any licensable activity; there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the Licence and for preventing crime and disorder.
4.The Operator and Designated Premises Supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events and shall:-i) At all times; deemed necessary by the said risk assessment; ensure an appropriate number of Door Supervisors (as defined in the Private Security Industry Act 2001) are on duty. Such risk assessments shall be made available to the Police as soon as practicable upon receipt of a formal written request.
The Designated Premises Supervisor or other responsible person; appointed by the DPS from time to time; shall ensure that on each day that Door Supervisors are engaged for duty at the premises that their details (names and licence numbers) are recorded in an appropriate form and kept at the premises. In conjunction with this record; the Designated Premises Supervisor or other responsible person; appointed by the DPS from time to time; shall also keep a record of incidents. These records must be available for inspection by the Police and Authorised Officer at all times when the premises are open.
No patrons shall be allowed to leave the premises whilst in the possession of any drinking vessel or open glass bottle; whether empty or containing any beverage. This condition shall not apply to patrons who have purchased beverages for consumption off the premises with the express consent of the Designated Premises Supervisor or responsible person so authorised to do so by the Designated Premises Supervisor.
There shall be no sales of alcohol for consumption off the premises between the hours of 2300 hours and 1000 hrs save for to those persons who have attended a pre-arranged bona fide function or who have taken a meal at the premises.
No licensable activities will take place outdoors between the hours of 2300 hrs and 1000 hrs.
The lobby doors at the premises must be kept closed after the hour of 2100 hrs except for access and egress.
Lighting provided externally to promote advertising of the premises or activities associated with the premises shall not be of an intensity such as to cause nuisance to neighbouring or adjoining properties.
No glass or material or bottles shall be deposited in any skip; bin or other container or a like nature; located in the open air outside of the premises; between the hours of 2200 hrs and 0800 hrs and any such skip; bin or container shall not be removed from the premises between those hours.
Sound resulting from regulated entertainment shall not be at such levels so as to cause a nuisance to members of the public situated outside of the premises.
All members of staff at the premises including Door Supervisors shall seek credible photographic proof of age evidence from any person who appears to be under the age of 18 years who is seeking to purchase or consume alcohol on the premises. Such credible evidence; which shall include a photograph of the customer; will either be a passport; photographic driving licence; or Proof of Age card carrying at PASS logo.
Where entertainment is provided wholly or mainly for unaccompanied children:i) There must be at least one attendant per 50 children or part thereof of who must be on duty in the area (s) occupied by the children and stationed in the vicinity of each exit and at the head of each stairway. ii) Attendants must wear distinctive clothing or suitable armbandsAttendants must be present throughout the entertainment and while the audience is entering and leaving the building.
A CCTV system shall be designed; installed and maintained in proper working order to the satisfaction of; and in connection with; Northumbria Police. Such a system shall: (i) be operated by properly trained staff (ii) be in operation at all times the premises are open to the public (iii) ensure coverage of all public entrances and exits to the licensed premises (iv) ensure coverage of such other areas as may be required by the Licensing Authority and Northumbria Police (v) provide continuous recording facilities for each camera to a good standard of clarity. Such recordings shall be retained on CCTV or otherwise may be put on disc or otherwise for a period of 28 days; and shall be supplied to the Licensing Authority or Police Officer on request.