ANNEXE 1 - MANDATORY CONDITIONS
A) 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.
B) 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 - Seasonal Variations
The premises shall not (without the written consent of the Council) be opened or used for the licensed purposes on Good Friday [except between the hours of 21.00 to 00.00].
The premises shall not (without the written consent of the Council) be opened or used for the licensed purposes on Christmas Day.
2 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 185 persons or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
3. 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.
C) 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).
3 Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours mean:
() On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10.00 to 23.00
() On Sundays, other than Christmas Day or New Year’s Eve, 12.00 to 22.30
() On Good Friday, 12.00 to 22.30
() On Christmas Day, 12.00 to 15.00 and 19.00 to 22.30
() On New Year’s Eve, except on a Sunday, 10.00 to 23.00
() On New Year’s Eve on a Sunday, 12.00 to 22.30
() On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 on 31 December).
The above restrictions do not prohibit:
() during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
() during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken away in an open vessel;
() during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as an ancillary to their meals;
() 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.
2. Children in Bars
No person under fourteen shall be in the bar of the premises during the permitted hours (set out in condition 1 above) unless one of the following applies:
(1) He is the child of the holder of the premises licence
(2) He resides in the premises, but is not employed there
(3) He is in the bar solely for the purpose of passing to or from some part of the premises, which is not a bar and to or from which there is no other convenient means of access or egress
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In the condition 'bar' includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME AND DISORDER
1) Facilities of the premises will be available for hire by members of the general public. Where such hire includes the retail sale of alcohol:-
Condition :
- Such bookings shall only be accepted with no less than 48 hours’ notice.
- Such bookings shall be recorded in a register kept for this purpose and shall be made available for inspection by Police or other authorised officer.
- Name, Address and Contact details of the person making the booking to be recorded and retained in accordance with GDPR.
- A personal licence holder to be on duty at all times when there is a private function held at the premises.
- Floor Walkers to be employed when there is a private function at the premises they will be responsible for collecting glasses and monitoring intoxication levels and alerting the DPS/Bar staff/door staff of any persons who are intoxicated.
2) All drinks sold on the premises must be decanted by a member of staff.
3) No full 70cl or 1-litre bottles of alcohol to be sold to patrons of the hotel or to anyone attending any private hire functions at the premises.
4) A CCTV system shall be used and shall be designed and installed in accordance with the Cheshire Constabulary’s CCTV guidance document called ‘CCTV in Licensed Premises - An Operational Requirement’. This system shall be in operation at all times when licensable activities are taking place.
5) Recorded CCTV images will be maintained and stored for a period of twenty-eight days.
6) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to provide a Police officer or an authorised officer of the licensing authority data or footage upon request. All requests for footage are to be provided within a reasonable time scale.
7) Designated supervisors will need to demonstrate that their CCTV system complies with their Operational requirements. They will need to be able to demonstrate the following:-
- Recordings are fit for their intended purpose,
- Good quality images are presented to the officer in a format that can be replayed on a
standard computer
- The supervisor has an understanding of the equipment/training,
- Management records are kept,
- Maintenance agreements and records are maintained,
- Data Protection principles and signage are in place.
8) When there is any specific event or pre-booked private function, the Premises Licence Holder or Designated Premises Supervisor shall conduct an assessment of the need for door supervisors, taking into account any advice offered by the Police.
9) Where the assessment shows that door supervision is required, supervisors shall be engaged at such times and ratios as are assessed to be necessary.
10) When such Door supervision is employed:-
A written record 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:-
- The door supervisor's name, date of birth, contact telephone number and home address;
- His/her Security Industry Authority licence number;
- The time and date he/she starts and finishes duty;
- The time of any breaks taken whilst on duty;
- Each entry shall be signed by the door supervisor.
- Record of all incidents taking place in the venue
The register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
PUBLIC SAFETY
None.
THE PREVENTION OF PUBLIC NUISANCE
None.
THE PROTECTION OF CHILDREN FROM HARM
11) A 'Challenge 25' policy shall be operated at the premises at all times.
12) 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 an Officer of the Local Authority)
13) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
14) 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.
15) The Designated Premises Supervisor or other responsible person shall check and sign the register once a week.
16) Alternatively an electronic point of sale refusals log shall be kept.
17) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. A written record for each member of staff shall be kept of the content of such training and shall be made available for inspection at the request of Local Authority Officers and Police.
18) The Designated Premises Supervisor 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 for each member of staff shall be kept of the content of such reviews and shall be made available for inspection at the request of Local Authority Officers and Police.
19) A list of persons authorised to sell alcohol shall be kept on site and made available for inspection at the request of Local Authority Officers and Police.
20) Clearly visible signage is to be displayed at the entrances and at points of sale indicating it is illegal to sell alcohol to people under the age of 18.
21) Under 18’s events will not take place without prior consultation with the Police and Local Authority Officers. The consultation shall take place not less than 10 days before any planned event.
22) Young people under the age of 18 shall not be permitted to remain of the premise after 10.00 p.m. unless attending a pre-booked private function.
23) A diary of privately booked functions shall be kept and shall be made available for inspection at the request of Local Authority Officers and Police.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE GRANTED
31st October 2005.