ANNEX 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.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
Radio Scheme
The Premises Licence holder or Designated Premises Supervisor shall be an active member of the town centre radio scheme.
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 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.
Door Supervisors shall carry with them proof of their registration with the SIA and shall wear their name badges at all times.
Door Supervisors shall wear a reflective waistcoat or jacket in yellow or orange. It shall bear the legend Door Supervisor on the front and rear and it shall contain a clear pocket on the chest to dispaly the SIA badge.
Admittance
No person who is drunk or disorderly shall be allowed access to the premises.
No person who is the subject of a Court banning order shall be allowed in the premises, provided that the details of such person have been provided to the premises by the police.
Metal detectors (if any) at the premise will be kept in good working order. Agreement shall be reached with the Police regarding the storage of drugs or weapons recovered from customers and their delivery to the police.
No customer shall be allowed to leave the premises with any bottle or glass other than where such bottle has been given to a customer as a prize.
Search 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 shall ensure that this search policy is complied with at all times when the premises are open for licensable acitivites. Conspicuous notices advising patrons of the search policy shall be displayed at all entrances to the premises.
Glasses
Tables shall be cleared of all empty bottles and glasses on a regular basis.
Any glasses into which drink is dispensed shall be made from toughened, shatterproof glass.
CCTV
CCTV shall be provided on the premises and shall be kept in good working order.
A notice shall be displayed at the enterance to the premises advising that CCTV is in operation in the premises.
The CCTV system shall comply with the Cheshire Police CCTV OR document (attached) and images shall be made available to the Police for crime prevention and detection purposes.
Sufficient staff shall be trained to operate the system to ensure that such images shall be available as required.
Crime and disorder
An incident book shall be kept at the premises in which all incidents of crime and disorder shall be recorded. This book shall be reviewed by the manager and area manager.
Glasses
Tables shall be cleared of all empty bottles and glasses on a regular basis.
Any glasses into which drink is dispensed shall be made from toughened, shatterproof glass.
PUBLIC SAFETY
Occupancy
The maximum capacity for the premises shall be:-
Ground Floor 400
First Floor 200
An accurate record shall be kept of the number of persons admitted to each part of the premises. Such records shall be retained for 12 months and made available to the Police, Fire and Licensing Authorites.
PREVENTION OF PUBLIC NUISANCE
Noise
Where a disc jockey is used at the premises, then he/she shall ask customers to leave the premises quietly.
All doors and windows must be kept closed when any amplified or unamplified music or voices are being played within the premises.
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.
Refuse, including bottles, shall not be removed from the building for disposal between the hours of 23.00 and 07.00.
Dispersal Policy
The Premises Licence holder shall put in place a dispersal policy which shall be to the satisfaction of Cheshire Constabulary. The Premises Licence holder or Designated Premises Supervisor shall then ensure that this policy is complied with at all times when the premises are open for licensable activities.
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 under the age of 18 shall not be admitted to the premises.
No performance involving nudity or striptease shall take place at the premises.