ANNEXE 1 - MANDATORY CONDITIONS
A) 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).
1 Permitted Hours
Alcohol shall not be sold or supplied except during the times the licence authorises the carrying out of licensable activities.
In this condition, permitted hours mean:
The above restrictions do not prohibit:
() 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.
B) 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.
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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
CCTV
(1) The business operator shall install and maintain a suitable CCTV system at site which accords with operational requirement document for Cheshire Constabulary. The system shall meet the following minimum standards
Images shall be maintained for a minimum of 21 days.
Images shall be accurately date and time stamped.
The system shall be in operation at all times the bar is open to the public, save for periods of maintenance or repair. If the system is to be offline for more than 4 hours (when open to the public), Cheshire Constabulary's Licensing Officer shall be notified and provided with an estimated time of reinstatement.
The business operator shall ensure suitably trained staff are present at all times the bar is open to members of the public who are capable of providing playback of recorded images at site.
The business operator shall ensure that copies of the recorded images can be prepared at site:
A suitably trained member of staff, capable of operating the CCTV system, shall be on duty at site whenever the bar is open to members of the public.
The business operator shall ensure sufficient hardware is available at site to provide up to 24hours of footage.
Such hardware shall be surrendered to any responsible authority officer upon receipt of an appropriate request.
The business operator shall ensure that the system provides comprehensive coverage of all areas where the sale, supply or consumption of alcohol occurs.
(2) The Premise Licence plans shall include the location of all CCTV cameras operated by the premises.
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 or shatterproof glass.
Door Supervisors
All persons employed at the premises to carry out security activities must be registered with the Security Industry Authority (SIA).
When door supervisors are employed at the premises they shall wear yellow or orange hi-vis clothing waistcoats or jackets.
There shall be a hardback nominal register recording the details of each door supervisor employed including name, address, telephone contact number and SIA badge number and where employed via an agency, the full details of the agency.
There shall be a register recording the times that each door supervisor is on duty incorporating their name, start time, the finish time, signature, SIA Badge number and any times in between that they are not on duty. The registers shall be retained for a minimum of 12 months and be made available to the police and Council Licensing Officer’s on request.
Incidents
The Premises Licence Holder shall keep a log of all incidents of violence that occur on the premises.
Halliwell Jones Stadium
When there is a first team match or international match planned at the Halliwell Jones Stadium, the Premises Licence Holder or DPS shall liaise with the police to assess the potential disorder impact on the premises and take the appropriate action(s) on the day
PREVENTION OF PUBLIC NUISANCE
Notices
Notices shall be displayed internally at exits and also in key areas, requesting the public to respect the needs of local residents by keeping noise to a minimum when using the outside areas of the premises. All such signs must be in a permanent form, prominently placed and legible.
Prominent, clear and legible signs must be displayed at all exits and in key areas, requesting the public to respect the needs of the local residents and to leave the premises and area quickly and quietly.
Assessments & Inspections
The Designated Premises Supervisor (DPS) or their representative shall conduct assessments of the noise emanating from the premises and shall take steps to reduce the level of notice where it is likely to cause disturbance to local residents. A written record of those assessments and the remedial action taken shall be kept and shall include the date, time of checks and the name of the person carrying out the checks.
The Designated Premises Supervisor (DPS) or their representative shall conduct inspections of the outside areas, within the vicinity of the premises, to assess for noise associated with the use of the area by patrons, and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents. A written record shall be kept of the assessments and the remedial action taken. This is to include the date and time of the checks and details of the person carrying out the checks.
Noise Limiter
The conservatory function room area to the rear of the premises shall be fitted with a noise-limiting device, the model of which shall be agreed by an officer of the Local Authority prior to installation. All live and recorded music and voices played within this area of the premises shall pass through the noise limiting device. The activation level of the noise limiting device shall be set and sealed by an officer of the Local Authority.
Refuse, including bottles, shall not be removed from the building for disposal between the hours of 23.00 and 07.00.
PROTECTION OF CHILDREN FROM HARM
Proof of Age Schemes - Challenge 21
A “Challenge 21” 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),. Publicity materials notifying customers of the operation of the “Challenge 21” scheme shall be displayed at the premises.
Register of Refusals
The Designated Premises Supervisor 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.
Training
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.
The DPS shall conduct six monthly 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.
Adult Entertainment
When a strippagram is required this will be at the discretion of the management and there will be no risk to children.
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
2nd August 2005