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).
Permitted Hours
Alcohol shall not be sold or supplied except during the times this licence authorises the carrying out of licensable activities.
The above restrictions do not prohibit:
(a) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
(d) 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;
(e) the taking of alcohol from the premises by a person residing there; or
(f) 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
(g) 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.
) 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/INDOOR SPORTS 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.
Permitted numbers
The maximum number of persons permitted to use the Premises at any one time shall not exceed for all purposes 1,100 or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
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.
THEATRE LICENCE
The premises shall not be open to the public in connection with the performance of a play after 11.45 pm
No play shall be performed publicly on the premises on Sundays between the hours of 2am and 2pm or on Christmas Day or Good Friday.
The total number of persons who may be allowed in the premises at any one time during the public performance of a play shall not exceed such a number as can safely be accommodated.
No person shall give at the premises (otherwise than as provided by Section 5 of the Hypnotism Act, 1952) any exhibition, demonstration or performance of Hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
The Premise Licence holder shall take all due precautions for the safety of the public, the performers, and the employees, and except with the approval of the licensing authority in writing, shall retain control over all portions of the premises.
The Premise Licence holder shall be responsible for the maintenance of good order
and conduct on the premises both during and also immediately before and after any public performance.
The Premise Licence holder or some responsible person nominated by him in writing shall be in charge of and upon the premises during the whole of the time they are open to the public and shall not be engaged on any duties which will prevent him from exercising general supervision, and there shall be during that time a staff of competent attendants on duty on such premises of such number as is considered sufficient by the Licensing Authority.
The number of such attendants or stewards on duty at any performance shall not be less than that 9, and of those attendants or stewards the number of males not be less than 2.
For the purpose of the foregoing condition persons solely engaged in the sale of chocolates or refreshments and persons employed in pay boxes, restaurants etc., shall not be regarded as attendants or stewards.
All public toilets on the premises shall be kept properly cleansed ventilated and disinfected and supplied with all proper requisites.
No alterations or additions, whether permanent or temporary to the structure, the lighting, electrical, heating, ventilating, mechanical or other installations, or to the seating, gangways or other arrangements at the premises, shall be made except with the consent of the Licensing Authority in writing, and in accordance with the conditions of such consent. Notice in writing shall be given to the Warrington Borough Council (Licensing Authority) of any alterations or additions proposed to be made, and such notice shall be accompanied by full details, and if necessary, by drawings (in duplicate). Provided that this regulation shall not require notice to be given to the Licensing Authority of any work which is necessary for the efficient
maintenance of the premises, and of the electrical and other installations as approved by the Licensing Authority.
The means of ingress and egress of all exits, passageways and gangways shall, during the whole time the public are present, be kept free and unobstructed.
All curtains or drapings covering doorways shall be hung so as to slide easily, one-half to each side of the doorway and so that the bottom of the curtain shall be at least 6 inches from the floor.
In premises regularly used for the purpose of regulated entertainment unless some other arrangement has been specifically approved by the Licensing Authority all doors affording a means of exit shall be made to open outwards i.e. in the direction of exit travel, or to swing both ways, and shall not be equipped with any fastenings other than automatic bolts so arranged that the doors will open readily on slight pressure from within, such doors to be clearly marked “PUSH BAR TO OPEN” or other suitable inscription, as appropriate.
The word “EXIT” or words “WAY OUT” in letters not less than 6 inches in depth shall be kept exhibited at, or over, each exit door approved by the Licensing Authority. Each exit indication notice shall be clearly illuminated throughout the whole time members of the public are present.
Unless the external street doors (and gates if any) are made to open outwards, they shall be locked back in the open position both during and also immediately before and after the public performance.
No mats, fixed or loose obstructions, shall be allowed to remain in any of the passageways or corridors.
No inflammable cotton wool or other inflammable material shall be used for any decoration of the premises. Seven days notice in writing shall be given to the Licensing Authority if it is proposed to use, for stage effects or other purposes, explosives or other highly inflammable materials, and such explosives or other highly inflammable materials shall not be used unless the consent in writing of the Licensing Authority has first been obtained.
The electrical installation must comply with any approved Rules and Regulations affecting the use of electricity for the time being in force within the district in which the premises are situated, and shall be fitted to the satisfaction of the Licensing Authority. Any examination of the installation by a representative of the Licensing Authority will not relieve the licensee of his primary responsibility for the safety of the building.
An independent system of safety lighting shall be provided and maintained to the satisfaction of the Licensing Authority.
No alteration or addition to the electrical installation nor any work of maintenance thereon shall be made other than by an authorised electrician.
Such fire appliances as are provided on the premises shall be in charge of a person who has been trained in their use, and who shall be on the premises both during, and also immediately before and after any public performance.
A notice giving instructions as to the mode of summoning the Fire Brigade shall be displayed in the room in which any public performance takes place. Any outbreak of fire, however slight, shall immediately be reported to the Fire Brigade.
All open fires and stoves in Dressing Rooms, on the stage, or in any part of the premises to which the public has access shall be protected to the satisfaction of the Licensing Authority.
Adequate gangways of not less than 42 inches in width intersecting the rows of seating, and at the front and rear of the room in which the performance is to be given, shall be formed and maintained to the satisfaction of the Licensing Authority.
In any room accommodating more than 200 persons, if chairs are used for seating they shall be fastened together at a distance of not less than 1 foot 6 inches from centre to centre and in lengths of not less than four or more than twelve chairs in any one section, and so arranged that no seat shall be more than 12 feet from any gangway. A plan of the seating in all premises under this condition shall be submitted to the Licensing Authority for approval.
Stage curtains and draperies shall be of a material not readily inflammable.
Where scenery is used it shall be treated with a fire retardant solution to the satisfaction of the Licensing Authority.
Footlights shall be adequately screened in order to prevent contact with curtains or any inflammable materials.
Smoking on any part of the stage shall be prohibited during the public performance of a play, except where essential to the action of the play being performed, and notices stating that smoking is prohibited shall be posted in suitable positions in the wings and behind the stage.
Free admission to any part of the premises in respect of which the licence is granted shall be given at all reasonable times to any authorised officer of the Licensing Authority or Police Officer or Officer of the County Fire Brigade, and any Police Officer shall have power to eject any person causing or likely to cause a disturbance or breach of the peace.
The Premises Licence holder shall be responsible for observing any conditions not otherwise referred to which may be imposed by the Licensing Authority on the recommendation of the County Chief Fire Officer.
C) 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
PROTECTION OF CHILDREN FROM HARM
Films
All films, plays and entertainment aimed at adult audiences to be advertised stating age restrictions. Ticket sales and admission to be monitored by staff.
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.
ANNEX 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.
Drawing number A145-A.16 dated 24.08.09
ANNEXE 5 - DATE LICENCE FIRST GRANTED
23rd September 2005