ANNEXE 1 - MANDATORY CONDITIONS
CONDITIONS REPRODUCING THE EFFECT OF CONDITIONS SUBJECT TO WHICH THE RELEVANT EXISTING LICENCE HAD EFFECT (PARAGRAPH 6(6) OF SCHEDULE 8 TO THE LICENSING ACT 2003).
1 Public Entertainment Licence - Permitted numbers
The maximum number of persons permitted to use the Premises at any one time shall not exceed for all purposes 320 persons or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
2. Public Entertainment Licence - Standard Conditions
The Premises Licence is subject to all the standard conditions contained in the previous Public Entertainment Licence issued under the Local Government (Miscellaneous Provisions) Act 1982 as amended.
MANDATORY CONDITIONS UNDER THE LICENSING ACT 2003
Supply of Alcohol
No supply of alcohol may be made under the premises licence:
() at a time when there is no designated premises supervisor in respect of the premises licence, or
() at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Drinks Promotions
(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).
Water
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Age Verification
(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.
Measures
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.
Permitted Price
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 x V)
where -
(i) P is the permitted price
(ii) D is the rate 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.
Door Supervision
All persons employed at the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or entitled to carry out that activity by virtue of section 4 of that Act.
Exhibition of films
The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by the British Board of Film Classification, where the film has been classified by that Board.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
Search, drugs and weapons policy
The Premises Licence holder shall put in place a written search, drugs and weapons policy for the premises which shall be to the satisfaction of Cheshire Constabulary. The Premises Licence holder or other nominated person shall then ensure that this drugs policy is complied with at all times when the premises are open for public entertainment. Conspicuous notices advising customers of the search policy shall be displayed at all entrances to the premises.
Dispersal
There should be a clear written policy to assist in the safe and quiet dispersal of customers at the end of the evening.
Town Centre Radio Link
The premises licence holder shall be an active member of the Town Centre Radio Link scheme. Furthermore, at all times the premises are open to the pubilc, one registered door supervisor must have the radio on their person and the radio must be switched on.
CCTV
CCTV equipment shall be maintained in good working order in accordance with the manufacturer’s instructions and shall be operational at all times when a licensable activity takes place on the premises.
CCTV images shall be made available to be viewed on the premises by a Police Officer or other authorised officer on immediate request, following any incident that has taken place on or at the premises. Any request for a hard copy of CCTV images/footage, shall be made in writing by the Police or other authorised officer to the Premises Licene Holder, who must ensure that such footage is delivered within two working days of the request. The Premises Licence Holder shall ensure that all Duty Managers, the Premises Licence Holder themselves and the Designated Premises Supervisor are trained on the full usage, including the downloading of images, of the CCTV system.
The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.
Door Supervisors
Door Supervisors are to be used at all times that the premises are open to the public. All Door Supervisors shall be registered with the Security Industry Authority.
Where any person is employed on or about the Premises as a Door Supervisor the Premises Licence Holder shall maintain a register in a form approved by the Licensing Authority showing in respect of each period of duty of that person:-
(a) the name, date of birth, badge or licence number and residential address of that person;
(b) the time at which he commenced the period of duty, with a signed acknowledgement by that person;
(c) the time at which he finished the period of duty, with a signed acknowledgement by that person;
(d) any time during the period of duty when he was not on duty; and
(e) if that person is not an employee of the Premises Licence Holder, the name of the person by whom that person is employed, or through whom the services of that person were engaged.
The register shall be of hardback construction with consecutive numbered pages.
The register shall be kept on the Premises at all times and shall be available for inspection by an authorised officer of the Licensing Authority or a Police Officer.
The Premises Licence Holder shall keep a log of all incidents that occur on the Premises.
Door supervisors shall be required to wear a reflective waistcoat to an approved standard.
The reflective waistcoats shall:-
1) be a specified colour
2) have the approved wording "SECURITY" on the front and rear and
3) have a clear plastic pocket to display the SIA badge securely in a prominent position.
Further details of the reflective waistcoat can be obtained from Cheshire Constabulary's Force Licensing Officer.
Waste Receptacles
The Premises Licence holder shall install within the public areas of the premises, a sufficient number of receptacles for the safe disposal of glass bottles by patrons and staff. These receptacles shall be maintained in good order and emptied on a regular basis.
External bottle bins to be kept secure and away from the front of the building to prevent their use as weapons of opportunity.
Containers
With the exception only of drinks which are available solely in glass bottles, the Premises Licence holder or Designated Premises Supervisor shall ensure that no drinks shall be sold from a bar or by staff service or otherwise to be consumed in or on the premises other than in a container made from non-splintering plastic or shatterproof glass.
Seating
There shall be a minimum of 60 seats in the premises.
Drugs
There shall be a zero tolerance to drugs.
THE PREVENTION OF PUBLIC NUISANCE
Notices
There shall be placed at all exits from the premises prominent, clear and legible notices that can be easily read by the public requiring customers to leave the premises and the area quietly.
Doors
No doors shall be propped open after 00.00 to ensure noise levels are contained.
Litter
The Designated Premises Supervisor or other nominated person shall ensure that the area around the premises is cleared of bottles, glasses and rubbish each day when the premises close.
THE PROTECTION OF CHILDREN FROM HARM
Challenge 25
The only forms of ID that shall be accepted as proof of age are a valid passport, driving licence or a PASS approved proof of age card. No other form of identification shall be accepted unless agreed with Trading Standards, Local Authority Licensing Officers or the Police.
Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
Quarterly Reviews
The DPS shall conduct quarterly reviews with all members of staff authorised to sell alcohol in order to reinforce the training and to promote best practice. A record shall be made of the content of such reviews.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
THE PREVENTION OF CRIME & DISORDER
Alcohol Sales
A Personal Licence holder shall be present on the premises to supervise alcohol sales at all times.
Designated Premises Supervisor
The new Designated Premises Supervisor to be interviewed and approved by the police prior to the premises re-opening, such approval not to be unreasonably delayed.
Should the Designated Premises Supervisor leave within the first 6 months the above condition shall apply.
Door Staff
A minimum of 2 door staff to be employed at the premises from 8pm every day the premises are open to the public. One of which must be positioned within the inside of the premises.
A minimum of 4 door staff to be employed at the premises from 10pm every Tuesday, Thursday, Friday & Saturday. Two of which must be positioned within the inside of the premises.
Refusals Log
The Premises Licence holder shall keep refusal logs for door entry and bars.
Staff Training
All staff must be suitably trained and have knowledge of the licensing objectives and a written record must be kept of training which is readily available for inspection by Cheshire Constabulary and the Licensing Authority Enforcement Officer and Trading Standards.
Contact Number
A 24 hour contact telephone number shall be given to Cheshire Constabulary and the Licensing Authority.
Last Entry Policy
No person(s) to be allowed entry or re-entry into the premises after 02.00am.
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
21st December 2005