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
CCTV
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.
A CCTV system shall be installed at the premises to the satisfaction of Cheshire Police to cover all public areas.
An overt CCTV camera will be placed within the male toilets to act as deterrent to customers from partaking in any drug-related activities. Notices will be displayed throughout the venue (including the toilets) alerting customers to the use of CCTV within the premises.
Those cameras covering main entry points shall be capable of facial recognition. The system shall be maintained and in use at all times that the premises are open to the public. The CCTV images will be stored for a minimum of 28 days and be available to an authorised officer of the Council or Cheshire Police on demand or within a reasonable period of time.
There shall be a member of staff on duty trained to operate the system and capable of retrieving and supplying the data in a readable forma when requested by the authorised officer of the Council or Cheshire Police. There shall be sufficient stock of materials available (CD’s, DVD’s, and Flash Drives as appropriate).
A plan of the location of CCTV cameras at the premises will be made available to Cheshire Police & the Licensing Authority.
Door Supervision
Security personnel shall be on the premises when regulated entertainment takes place.
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.
Door Supervisors shall be required to wear reflective waistcoats or jackets to approved standard- to be a specified colour, with approved lettering "security" front and rear and a clear plastic pocket to display the SIA badge in a prominent position.
On Saturday nights a minimum of 5 door staff will be employed at the venue. One doorman will be employed to monitor the male toilets, and will carry out regular checks throughout the evening.
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 on request to the Police in a viewable format for the purposes of preventing and detecting crime.
There shall be a register kept recording the times that Door Supervisors are on duty including a nominal register including the name, address and badge number of each Door Supervisor employed, together with details of the company employing them. These shall be kept for a minimum of 12 months and made available to the Police at all reasonable times for the purpose of crime prevention and detection.
Personal Licence Holder
At least one Personal Licence Holder will be on duty at all times the premises are open to the public.
Sealed Containers
Alcohol shall not be removed from the curtilage of the premises unless in a sealed container.
Town Centre Radio Scheme
The premises licence holder or their representative shall be an active member of the town centre radio scheme.
Incident Log
A bound incident log shall be kept at the premises and retained for at least 12 months from the last entry and made available upon request to a Police Officer or an authorised officer of the Council. The log will record any incidents including the seizure of any drugs, weapons, fraudulent ID or other items, and will be signed off by the Manager.
The Premises Licence Holder and/or Designated Premises Supervisor will carry out a review of any incidents at the premises. Such reviews will be documented and conducted at least quarterly. The review will include details of any remedial action identified and implemented. Copies of the security review will be made available upon request by a Responsible Authority, Police Officer or authorised officer of the Council.
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.
A random search policy will be implemented at the premises, and notices will be displayed at the entrance informing customers that it is a condition of entry that they agree to be searched and that the Police will be informed if anyone is found to be in possession of controlled substances or weapons.
The DPS and/or a nominated member of staff shall carry out searches of the premises before the premises open and at closing. Any relevant items recovered e.g. illegal drugs, lost property etc. shall be managed in accordance with company procedures. A bound record book shall be kept of such seizures and retained for a period of 12 months and made available for inspection on request to a Police Officer or an authorised officer of the Council.
Customer Toilets
Checks of the male customer toilets will be carried out by a male door supervisor at 15-minute intervals when the premises are open to the public.
Checks of the female customer toilets will be carried out by a female member of the bar staff at 30-minute intervals when the premises are open to the public.
All checks will be documents. The record shall be retained for a period of 12 months and made available for inspection on request to a Police Officer or authorised officer of the Council.
PUBLIC SAFETY
Waste Receptacles
The Premises Licence Holder or Designated Premises Supervisor shall install within the public areas of the premises, a sufficient number of receptacles for the safe disposal of glass bottles by customers and staff. These receptacles shall be maintained in good order and emptied on a regular basis.
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 be consumed in or on the premises other than in a container made from non-splintering plastic, paper, shatterproof glass, polycarbonate, toughened, laminated or a similar standard of safety glass.
Training
All staff shall be trained in recognising signs of drunkenness, how to refuse service, the premises’ policies, action to be taken in the event of an emergency and conditions in force under the Premises Licence. Documented records of training shall be kept for each member of staff. Training will be refreshed at no greater than 6-monthly intervals. Training records shall be made available for inspection upon request by a Police Officer or an authorised officer of the Council.
All staff shall be briefed and made aware of their responsibilities and the relevant company operating procedures before they commence paid duty at the premises.
THE PREVENTION OF PUBLIC NUISANCE
Noise
All doors and windows shall be kept closed (except to allow ingress and exit) when any amplified or unamplified music or voices are being played within the premises and at any time after 3am until closing.
After 3am the licence holder or their representative shall conduct regular assessments of noise where it is likely to cause disturbance to local residents. A written record of these assessments and the remedial action taken shall be kept and shall include the date, time of the checks and the name of the person carrying out the checks. Details of any remedial action shall 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, 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.
PROTECTION OF CHILDREN FROM HARM
Children
No children shall be allowed in the premises.
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 who appear to be under the age of 21 years shall be required to produce proof of age by way of 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.
Refusals Log
A bound refusals book shall be kept at the premises and retained for at least 12 months after the last entry and made available upon request to a Police Officer or an authorised officer of the Council. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale.
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
11 July 2005.