ANNEXE 1 - MANDATORY CONDITIONS
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 - CONDITION CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
Door Supervisors
Any person exercising a security activity (as defined by paragraph 2(1)(a) of schedule 2 of the Private Security Industry Act 2001) shall be licensed by the Security Industry Authority.
Such a person will be employed at the premises at the discretion of the Designated Premise Supervisor/holder of the Premise Licence.
Any person as defined in condition (1) will clearly display his name badge at all times whilst on duty.
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.
Door supervisor staff are required to wear high visibility vests or jackets with a SECURITY logo/marking at all times when operational to ensure that they are easily distinguished from the public.
When staff are working inside the premises they may as an alternative wear a high visibility 'polo' shirt (i.e. with hi-vis stripes) or hi-vis vest in a colour other than black with the same logo/marking as the vests/jackets worn externally.
At least one member of the door staff shall be issued with and wear a body/ head cam whilst patrolling the premises. The images to be retained for a period of 21 days and supplied to the Police for the purposes of preventing and detecting crime.
Occupancy
Permitted numbers shall be no more than 900 on ground floor and 400 on first floor, there shall be an approved method agreed to ensure that capacities between the two floors is monitored and the duty manager is capable of providing those figures on request.
CCTV
There shall be a CCTV system that complies with the Cheshire Constabulary CCTV Operational Requirements document (attached) and the images shall be made available on request to the police for crime prevention and detection purposes.
Digital Recording CCTV systems record images onto a computer hard-drive. If such a system is installed it must incorporate a means of transferring images from the hard-drive to a format that can be used as evidence in Court. This can be achieved by transferring images to a Compact Recordable Disk or Digital Versatile Disk (CD-R or DVD-R). CD-R and DVD-R are often referred to as a WORM medium (Write Once Read Many).
The software required for viewing proprietary recorded formats must also be made available to the investigating officer, together with the recorded images so that the images can be replayed on a standard windows operating system. It is therefore advisable that any replay software required is automatically copied onto the WORM recording to enable the correct viewing of the file.
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 31 days.
Search Policy
The Premise Licence Holder shall put in place a search policy to cover both drugs and weapons for the premises, which shall be to the satisfaction of Cheshire Constabulary. The Premises Licence Holder or Designated Premises Supervisor shall then ensure that this search policy is complied with at all times when the premises are open for licensable activities. Conspicuous notices advising customers of the search policy shall be displayed at all entrances to the premises.
There shall be a suitable safe available for the safe storage of suspected drugs seized or found in the premises. The items to be placed within Police supplied drugs bags and appropriately labelled and sealed until handed over to the Police.
Dispersal Policy
The Premises Licence Holder shall put in place a dispersal policy to deal with the dispersal of customers, which shall be to the satisfaction of Cheshire Constabulary. The Premises Licence Holder or the Designated Premises Supervisor shall then ensure that this policy is complied with at all times when the premises are open for licensable activities.
Town Centre Radio Scheme
The Premises Licence Holder or Designated Premises Supervisor shall be an active member of the town centre radio scheme.
Incident Log
The Premises Licence holder shall implement and maintain an up-to-date register of incidents occurring on the premises. This register shall be made available to the Police or Authorised Officers on request.
Entry/Re-Entry
A last entry/re-entry time of 02.30 shall be impemented.
Terminal Hour
The terminal hour for the sale/supply of alcohol shall be 3am.
Striptease, Table Dancing and Similar Performances
No persons under the age of 18 shall be allowed on the premises whilst these types of performance are taking place.
Performers shall be aged not less than 18 years and shall perform only on the stage area or to seated customers. No audience participation in a performance shall be permitted. During the performance, performers shall not (A) touch customers, (B) climb onto furniture, (C) simulate sex acts. Notices setting out these restrictions shall be displayed at the premises. Performers not currently performing shall not be in any public part of the premises in a state of undress. There should be arrangements for restricted access to the dressing rooms used by the performers and such restricted access shall be maintained at all times until all performers using the dressing rooms have vacated the room. Performers should at all times wear at least a G-string covering the genitalia, which shall not be removed during the performance. The Premises Licence holder shall not permit a display outside the premise, photographs or other images, which indicate or suggest that striptease, table dancing or other similar performances take place at the premises. There shall be no physical contact between the performers and customers before, during or after the performance other than the placing of notes by the customers in a garter worn by the performer for that purpose.
Personal Licence Holder
There shall be a Personal Licence holder on duty at each bar whilst alcohol is being sold/supplied and in possession of a Radio Link to the door supervisors.
PUBLIC SAFETY
Bottlebins
There shall be a minimum of 13 bottle bins located within the premises at designated points. The bins shall be of such a design that bottles cannot readily be removed by customers.
These receptacles shall be maintained in good order and emptied on a regular basis.
Containers
The Premise Licence holder or Designated Premises Supervisor shall ensure that only polycarbonate drinking vessels shall be used in the premises.
The Premises Licence holder or Designated Premises Supervisor shall ensure that no free pour drinks shall be supplied from any bar, by staff service or otherwise, to be consumed in or on the premises other than in a container made from polycarbonate or plastic. For the avoidance of doubt this Condition does not prohibit the sale of alcoholic (and non-alcoholic) drinks in glass bottles.
No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.
Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.
PREVENTION OF PUBLIC NUISANCE
Notices
Where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly.
Noise
Noise or vibration shall not emanate from the premises so as to cause nuisance to nearby properties.
PROTECTION OF CHILDREN FROM HARM
Under 18's
No under 18 events to be held at the premises.
The DPS or Premises Licence Holder shall ensure that no arrangements are made nor bookings accepted for 18th birthday parties to be held on the premises. For the avoidance of doubt this does not prohibit such events where the Premises has no prior notice of the event.
No person under the age of 18 shall knowingly be permitted on the premises
Films
No films or videos of any description will be shown so that they can be viewed by persons under the age of applicable BBFC/Local Authority certification.
'Challenge 25'
A "Challenge 25" Policy shall be operated at the premises at all times.The only forms of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or other responsible authority).
Publicity materials notifying customers of the operation of the "Challenge 25" scheme shall be displayed at the premises.
Age Verification
The Premises Licence Holder shall install and maintain a membership marketing, identification and age verification system such as ID scan or similar.
Training
The Premises Licence Holder shall ensure that all staff in a position to sell, serve or deliver alcohol shall attend a training course to a standard that satisfies Police and Local Authority Officers.
The training shall be commenced within 21 days of an individuals employment start date.
All staff, before being put in a position to sell or serve alcohol, shall receive interim training (whilst awaiting the commencement of formal training).
The Premises Licence Holder shall improve training on Age Verification and deliver it to all staff (including Door Staff, Bar Staff and Glass Collectors) in order to reinforce the policy and make staff aware that the only forms of acceptable ID are a valid photo driving licence, a valid passport, a PASS approved card, H M Forces warrant card or other ID that has been authorised by the Police or other relevant authority at the time of use. This training is necessary to minimise the potential for under age individuals to gain entry and to be served.
The DPS or Premises Licence holder shall conduct 6-monthly training reviews with all members of staff authorised to sell, serve or deliver alcohol, in order to reinforce the training and to promote best practice. A written record shall be kept of the content of such reviews.
Refusals Register
The Designed Premises Supervisor or Premises Licence holder shall operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which shall be made available of inspection by Local Authority Officers and the Police. Alternatively, an electronic point-of-sale Refusals Log shall be kept.
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.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
4 October 2005.