ANNEXE 1 - MANDATORY CONDITIONS
A) 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 - Permitted numbers
The maximum number of persons permitted to use the Premises at any one time shall not exceed for all purposes 250 persons or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
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.
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.
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.
CCTV images must be able to be downloaded on to CD Rom or similar standard immediately on demand.
Door Supervisors
Where any Door Supervisors are used at the premises they shall be registered with the Security Industry Authority.
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:-
(a) the name, date of birth, badge or licence number and residential address of that person;
(b) the time at which he commenced the period of duty, with a signed acknowledgement by that person;
(c) the time at which he finished the period of duty, with a signed acknowledgement by that person;
(d) any time during the period of duty when he was not on duty; and
(e) if that person is not an employee of the Premises Licence Holder, the name of the person by whom that person is employed, or through whom the services of that person were engaged.
The register shall be of hardback construction with consecutive numbered pages.
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.
The Premises Licence Holder shall keep a log of all incidents that occur on the Premises.
Search, drugs and weapons policy
The Premises Licence holder shall put in place a search, drugs and weapons policy for the premises which shall be to the satisfaction of Cheshire Constabulary. The Licensee shall then ensure that this drugs policy is complied with at all times when the premises are open for public entertainment. Conspicuous notices advising patrons of the search policy shall be displayed at all entrances to the premises.
Dispersal Policy
The Premises Licence holder shall put in place a dispersal policy which shall be to the satisfaction of Cheshire Constabulary. The Premises Licence holder or Designated Premises Supervisor shall then ensure that this policy is complied with at all times when the premises are open for licensable activities.
Town Centre Radio Scheme
The premises licence holder or their representative shall be an active member of the town centre radio scheme.
PUBLIC SAFETY
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.
Waste Receptacles
The Premises Licence holder shall within one month 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.
PREVENTION OF PUBLIC NUISANCE
Noise
All doors and windows must be kept closed when any amplified or unamplified music or voices are being played within the premises, other than for ingress and exit.
The licence holder or their representative shall conduct regular assessments of the noise coming from the premises and shall take steps to reduce the level of noise 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 will include the date, time of the checks and the name of the person carrying out the checks. Details of the remedial action will also be recorded
There shall be placed at all exits from the premises prominent, clear and legible notices that can be easily read by the public requiring customers to leave the premises and the area quietly. The 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
Proof of Age Schemes - 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.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
PREVENTION OF CRIME AND DISORDER
CCTV
CCTV in the premises shall comply with the Cheshire Constabulary Operational Guidelines for CCTV.
CCTV equipment 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 (eg. video tape, 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.
CCTV images shall be made available to the Police or an authorised officer on request for crime prevention/detection purposes. The premises licence holder or Designated Premises Supervisor shall ensure that there are sufficient staff trained on the premises who can download CCTV images at the time of a request to maximise the effectiveness of any police inquiry to detect and prosecute offenders.
Staff Training
All staff including door staff shall be trained or retrained to a standard approved by the licensing authority to include training in the identification of and dealing with drunkenness and violence and conflict management.
Last Entry Policy
There shall be a last entry policy into the premises of 1 hour before the terminal hour.