ANNEXE 1 - MANDATORY CONDITIONS
A) CONDITIONS REPRODUCING THE EFFECT OF RESTRICTIONS IMPOSED ON THE USE OF THE PREMISES FOR THE EXISTING LICENSABLE ACTIVITIES (PARAGRAPH 6(8) OF SCHEDULE 8 TO THE LICENSING ACT 2003).
Permitted Hours
Alcohol shall not be sold or supplied except during the times the licence authorises the carrying out of licensable activities.
The above restrictions do not prohibit:
() consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises;
() the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
() the sale of alcohol to a trader or club for the purposes of the trade or club;
() 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;
() the taking of alcohol from the premises by a person residing there; or
() 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
() 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 alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
) 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 300 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.
Special Additional Conditions Imposed on the Public Entertainment Licence
DOORS AND WINDOWS - The Licensee shall ensure that the external doors and windows are kept closed at all times whilst public entertainment is taking place. Fire exits must be unlocked and available at all material times in the case of emergencies. In ward opening door to be locked back in the open position when the premises are occupied. Suitable means of ventilation to be maintained as approved by the Director of Environment and Regeneration.
LIST OF EVENTS - The Licensee must submit to the Licensing Authority at list of events giving dates and times at least one month before the event.
C) 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.
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 search, drugs and weapons policy for the premises which shall be to the satisfaction of Cheshire Constabulary. The Licensee shall then ensure that this drugs policy is complied with at all times when the premises are open to the public. Conspicuous notices advising patrons of the search policy shall be displayed at all entrances to the premises.
Door Supervisors
Where any Door Supervisors are used at the premises they 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:-
() the name, date of birth, badge or licence number and residential address of that person;
() the time at which he commenced the period of duty, with a signed acknowledgement by that person;
() the time at which he finished the period of duty, with a signed acknowledgement by that person;
() any time during the period of duty when he was not on duty; and
() 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.
Disc Jockey
Where a disc jockey is used at the premises, then he/she shall ask customers to leave the premises quietly.
CCTV
Where CCTV equipment is fitted, it 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.
A written record shall be kept of images that are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. The record shall identify the person responsible for the recording and shall be signed by him/her. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc), a secure storage system to store those recording mediums shall be provided.
The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days.
Incidents of Crime and Disorder
All instances of crime and disorder shall be reported to the police and details shall be kept in an incident logbook.
Containers
The Licence holder shall ensure that drinks in pint or half pint glasses sold from the bar by bar staff service or otherwise, which are to be consumed in or on the premises, are in a container made from non-splintering plastic, paper or toughened glass.
PREVENTION OF PUBLIC NUISANCE
Staff patrols
When entertainment is being offered on the premises, members of staff shall undertake additional patrols of the premises, both internally and externally, to limit any noise pollution.
Drivers shelf - soft drinks
Suitable non-alcoholic beverages shall be equally available for consumption on the premises with or without food.
PROTECTION OF CHILDREN FROM HARM
Proof of Age Schemes - Challenge 21
There shall be in place for the premises a written policy that employees challenge all persons purchasing alcohol who appear to be under 21 years of age. That policy shall require any person who appears to be under the age of 21 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.
Persons who appear to be under the age of 21 years shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.
Entertainment
When children are allowed on the premises, any entertainment offered on the premises shall be suitable for young persons.
Supervision
Children shall be required to be supervised by an accompanying adult at all times.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
Drawing number 5913/P0298/01 dated 19th November 2004.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
25th October 2005.