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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
1) 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.
2) When a disc jockey is used at the premises, then he/she shall ask customers to leave the premises quietly.
PREVENTION OF PUBLIC NUISANCE
3) 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.
4) Suitable non-alcoholic beverages shall be equally available for consumption on the premises with or without food.
PROTECTION OF CHILDREN FROM HARM
5) 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)
6) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
7) The Designated 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 for inspection by Local Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
8) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. The programme shall be made available for inspection at the request of Local Authority Officers and Police.
9) The DPS or Premises Licence Holder shall conduct six 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
10) No persons under the age of 18 shall be admitted or allowed to remain in the public areas of the premises after 22.00.
11) When children are allowed on the premises, any entertainment offered on the premises shall be suitable for young persons.
12) 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
1) The Premises Licence holder will maintain and update a log of training given to all staff, including Door Supervisors, in order to demonstrate due diligence in the conduct and management of the premises. Such training to include responsible retailing of alcohol, underage drinking with the Challenge 21 Scheme and ID Awareness Scheme.
2) The Premises Licence holder will maintain a detailed log of numbers of customers refused entry due to failure to satisfy Challenge 25.
3) The Premises Licence holder will maintain an incident log book to record relevant incidents. This shall be in the form of a bound register.
4) All records shall be made available for inspection by a police officer or other licensed person.
5) A maximum capacity of 160 people will be allowed in the premises at any one time.
6) At all times when the premises are used for the purpose of the licence or Club Premises Certificate, the Premises Licence holder, a club official, manager or Designated Premises Supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall, if requested to do so, give that information to an authorised person.
7) The CCTV system will be maintained in conjunction with the Cheshire Constabulary CCTV Operating Requirements document. Sufficient staff shall be trained to enable to immediate review and downloading of images when necessary for the prevention and detection of crime.
8) The Designated Premises Supervisor will need to demonstrate that the CCTV system complies with the 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:-
a. recordings are fit for their intended purpose
b. good quality images are presented to the officer in a format that can be
c. replayed on a standard computer
d. the supervisor has an understanding of the equipment/training
e. management records are kept
f. maintenance agreements and records are maintained
g. Data Protection principles and signage are in place.
9) When the premise are open after 10pm:
There shall be employed at the premises not less than 2 Door Supervisors each of whom is registered with the Security Industry Authority and with the company’s best endeavours one of which is to be female. If a female Door Supervisor is not on duty the DPS must ensure that a female member of staff is available to assist door security when carrying out searches of female patrons. 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 licensing officers on demand.
This requirement shall not apply Monday to Thursday if the premises are not open for trading after 11.00pm.
10) A written record in the form of a hard-backed, bound register with consecutively numbered pages shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a Door Supervisor in a register kept for that purpose. That record shall contain the following details:-
a. the Door Supervisor's name, date of birth contact telephone number and home address;
b. their Security Industry Authority licence number;
c. the time and date he/she starts and finishes duty;
d. the time of any breaks taken whilst on duty;
e. each entry shall be signed by the door supervisor.
11) That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
12) All Door Supervisors are to wear yellow conspicuity jackets to an equivalent standard or better than those supplied by the local Crime and Disorder Partnership.
13) At least one Door Supervisor shall be equipped with a head-camera. The recordings shall be to a good standard and the battery life and memory shall be sufficient to last for at least one shift. The recordings shall be stored and made available as per the Cheshire Constabulary O.R. for CCTV.
14) 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.
15) No drink shall be removed from the premises in an unsealed container.
16) The Premises Licence holder shall be an active member of the town centre radio-link scheme.
17) At all times when the premises is open a Personal Licence holder must be on the premises.
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
2 November 2005.