ANNEXE 1 - MANDATORY CONDITIONS
A) 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 215 persons
Or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
B) 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 (6);
(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(7).
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
Drugs Policy
The Premises Licence holder shall put in place a drugs policy for the premises. 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 to the public.
CCTV
CCTV equipment must be fitted and shall be maintained in good working order in accordance with the manufacturers instructions and shall be operational at all times when a licensable activity takes place on the premises.
An effective CCTV system should be designed and installed in accordance with the Cheshire Constabulary’s CCTV guidance document called 'CCTV in Licensed Premises - An Operational Requirement'. It must also include a colour monitor not less than 24'' screen size clearly visible to customers showing them as they enter.
The Designated Premises Supervisor/Premises Licence holder will need to demonstrate that their CCTV system complies with their operational requirements.
A commissioning test must be carried out with the Licensing and CCTV Liaison Officers before completion and hand over of the system. The commissioning test will need to demonstrate the following:-
1. recordings are fit for their intended purpose
2. good quality images are presented to the officer in a format that can be replayed on a standard computer
3. the supervisor has an understanding of the equipment/training
4. management records are kept
5. maintenance agreements and records are maintained
6. Data Protection principles and signage are in place.
Door Supervisors
When door supervisors are employed at the premises:
The number of door staff shall be determined by the DPS following a full risk assessment for the premises and shall be assessed on a dynamic basis. A copy of the assessment shall be made available to the Police and Council Officers at any reasonable time.
A written record in the form of a hard-backed, bound register with consecutively numbered pages shall be kept on the premise by the Designated Premises Supervisor of every person employed as a door supervisor in a register kept for that purpose. That record shall contain the following details:-
(i) the door supervisor's name, date of birth and home address;
(ii) his/her Security Industry Authority licence number;
(iii) the time and date he/she starts and finishes duty;
(iv) the time of any breaks taken whilst on duty;
(v) each entry shall be signed by the door supervisor;
(vi) Where they are employed through an agency the full details of the agency shall be recorded within the register.
That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
All Door Supervisors will wear yellow or orange hi-vis conspicuity jackets with the legend Security on the front and rear to the minimum standard supplied by the local Crime and Disorder Partnership.
Search, drugs and weapons policy
The Premises 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 drugs 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.
Town Centre Radio Scheme
The Premises Licence holder or their representative shall be an active member of the Town Centre radio scheme.
Containers
With the exception only of drinks which are available solely in glass bottles, the Licensee 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, paper or shatterproof glass.
There shall be provided at the premises sufficient number of bottle bins of a type with a 'non -returnable' aperture, as to prevent empty bottles being deposited around the interior of the venue. At least one such bin should be located at each point of exit from the premises. The Designated Premises Supervisor or nominated member of staff shall ensure that all unattended empty bottles are disposed of into these bins and that when full, they are emptied and the contents taken to an area which the public has no access.
No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.
No drink shall be removed from the premises in an unsealed container.
Dispersal
There shall be a clear written policy to assist in the safe and quiet dispersal of customers at the end of the evening.
PREVENTION OF PUBLIC NUISANCE
Noise
The Premises Licence holder or their representative shall conduct regular assessments of the noise coming from the premises and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents. A written record of those assessments and the remedial action taken shall be kept and will include the date, time of the checks and the name of the person carrying out the checks. Details of the remedial action will also be recorded.
There shall be placed at all exits of the premises in a place where they can be seen and easily read by the public [or members and their guests] notices requiring customers to leave the premises quickly and quietly. This condition also extends to car parks where car radios and members of the public may cause disturbance to local residents.
No external speakers shall be used outside the building, this will include any beer garden or outside drinking area or car park at a level which would cause disturbance to the nearest noise sensitive dwelling. External speakers shall not be used after 22.00.
The use of any outside area will cease at 23.00.
There shall be no emissions from the premises of any offensive smells or odours, which may cause disturbance or nuisance.
No light from on the premises and any other light under control of the premises shall be provided where that light causes a disturbance to any nearby residents.
Music level shall be reduced after 04.30.
PROTECTION OF CHILDREN FROM HARM
Challenge 25
There shall be in place for the premises a written policy that employees challenge all persons purchasing alcohol who appear to be under 25 years of age. That policy shall be operated at the premises at all times.
The policy shall require any person who appears to be under the age of 25 years to produce a recognised proof of age card. The only forms of ID that should be accepted as proof of age are a valid passport, photographic driving licence or a PASS approved proof of age card. No other form of identification shall be accepted without the authority of the management. Publicity Materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
Persons who appear to be under the age of 25 years shall be required to produce proof of age. The only forms of ID that should be accepted as proof of age are a valid passport, Photographic driving licence or a PASS approved proof of age card. No other form of identification shall be accepted.
Register of Refusals
The Designated Premises Supervisor 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 for inspection by Trading Standards, Licensing Authority Officers and the Police. Alternatively an electronic point of sale refusals log to be kept.
A Personal Licence holder or the Designated Premises Supervisor shall be present on the premises when they are open for the sale of alcohol.
Training
A documented training scheme shall be introduced for all staff in a position to sell alcohol. The scheme shall be made available for inspection at the request of Trading Standards, Licensing Authority Officers and Police.
The DPS shall conduct quarterly reviews with members of staff authorised to sell alcohol in order to reinforce the training and to promote best practice. Written record shall be kept of the content of such reviews.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Door Supervisors
At least one of the door supervisors must be female.
Staff Training
All staff to be trained-retrained as appropriate to their role. This is to include inputs on aspects of public safety which will be provided by Warrington Community Safety Partnership.