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).
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.
JUSTICES' LICENCE
There shall be no sale or supply of intoxicating liquor for consumption off the premises.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME & DISORDER
1) 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
2) The register shall be of hardback construction with consecutive numbered pages.
3) 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.
4) The Premises Licence Holder shall keep a log of all incidents that occur on the Premises.
5) The Premises Licence holder shall ensure before the premises are open to the public for licensable activities, all door supervisors will be checked with the SIA to ensure they are registered.
PUBLIC SAFETY
None
THE PREVENTION OF PUBLIC NUISANCE
6) Where flyers are used there should be a policy in place to ensure that they do not create a littering problem.
THE PROTECTION OF CHILDREN FROM HARM
None.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
THE PREVENTION OF CRIME & DISORDER
1) There shall be a last entry time of 1 hour before the terminal hour.
2) A maximum capacity of 250 shall be implemented.
3) The Premises Licence holder shall keep refusal logs for the door entry and bars.
4) Checks will be made hourly at intervals for all public areas and washrooms to ensure that the house drugs policy is being adhered to.
5) The Designated Premise Supervisor or their Deputy shall use the Town Centre radio link.
ANNEXE 3a - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY (15th April, 2019)
THE PREVENTION OF CRIME & DISORDER
1) 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 the Cheshire Constabulary. The Premises Licence Holder or Designated Premises Supervisor shall then ensure that these policies are complied with at all times when the premises are open for licensable activities
2) A random search policy will be implemented at the premises, and conspicuous 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.
3) There shall be a dedicated search area at the main entrance which will be covered by CCTV in order to visually record any searches which take place. The search area will include amnesty bins, evidence collection kits provided by the police, a search log and appropriate information leaflets.
4) Searches will be conducted with the aid of a search wand if appropriate as an additional aid/deterrent.
5) A bound record book shall be kept of all 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. A clear auditable trail should be maintained of items seized; the record will detail what was seized, at what time and date by which member of staff and include the details of the officer the items were subsequently handed too. Cheshire police will be contacted at the earliest opportunity in order that any suspected illegal drugs can be collected and disposed of lawfully.
6) There shall be a CCTV system installed and operating that complies with the Cheshire Constabulary CCTV Operational Requirements document.
7) The images shall be made available on request to either the Police or authorised officer of the council for crime prevention and detection purposes. 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 format when requested by the authorised officer of the Council or Cheshire Police. There shall be sufficient stock of materials available to facilitate this. (CD’s, DVD’s, and Flash Drives as appropriate).
8) CCTV 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.
9) 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.
10) The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.
11) All staff shall be trained in recognising signs of drunkenness, how to refuse service, action to be taken in the event of an emergency and conditions in force under the Premises Licence, including premise policies. 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.
12) All staff shall be briefed and made aware of their responsibilities and the relevant company operating policies and procedures before they commence paid duty at the premises.
13) The premises licence holder or their representative shall be an active member of the town centre radio scheme.
14) The DPS or PLH shall operate and maintain a bound register with consecutively numbered pages detailing Refusals of Sale of Alcohol, indicating the date, time and reason refused. This shall retained for12 months and be made available for inspection by Trading Standards, Licensing Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
15) The DPS or PLH shall operate and maintain an up to date bound logbook with consecutively numbered pages recording all incidents which occur in and around the premise. This shall retained for12 months and be made available for inspection by Trading Standards, Licensing Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
THE PROTECTION OF CHILDREN FROM HARM
16) A "Challenge 25" policy shall be operated at the premises at all times.
17) 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)
18) Publicity materials notifying customers of the operation of the "Challenge 25" scheme shall be displayed at the premises.
19) The Designated Premises Supervisor / 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. The DPS or other responsible person shall check and sign the register once a week. Alternatively an electronic point of sale refusals log shall be kept..
20) Posters notifying adults that it is an offence to purchase alcohol for under 18’s shall be displayed at the venue.
21) 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.
22) 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 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.
23) 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.
24) 18th birthday parties and 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.
25) Young people under the age of 18 shall not be permitted to remain on the premise after 10.00 p.m. unless attending a pre-booked private function. A diary of privately booked functions shall be kept on the premise and shall be made available for inspection at the request of Local Authority Officers and Police
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence. Updated March 2018 WBC/LP0478/2.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
21st November 2005.