ANNEX 1 - MANDATORY CONDITIONS
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.
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.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME & DISORDER
CCTV
The CCTV control shall be located in such a location that the Premises Licence Holder, the DPS and any other nominated person always have the ability to immediately view and download images in a format that allows the images to be viewed without specialist equipment or software.
The CCTV system will adequately cover the public areas, including the beer garden. The recording and replay format will be such that footage supplied can be viewed on a standard computer.
Survey shall be completed in conjunction with the Police Crime Reduction Officer and the location of each CCTV camera shall be marked on a plan and attached to the Premises Licence.
Staff Training
Every member of staff involved in the sale of alcohol will be retrained to ensure that they are aware of their responsibilities under the Licensing Act 2003, especially in relation to identifying drunken customers, identifying underage customers and how to deal with them. The minimum standard shall be BII Level 1 or equivalent.
Containers
Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.
No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.
Town Centre Radio Link
The Premises Licence holder or the Designated Premises Supervisor shall be an active member of the Town Centre Radio Link scheme.
Door Supervisors
There shall be a minimum of 2 door supervisors employed at the premises on each Friday, Saturday and Sunday Evening commencing at 8pm until the premises closes to the public.
Any person exercising a security activity shall clearly display his/her name badge at all times whilst on duty.
All door supervisors whilst on duty shall wear yellow or orange "hi-vis" conspicuity waistcoats or jackets with the legend "security" on the front or rear.
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 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.
Conflict
All members of staff must successfully complete a conflict management course.
PUBLIC SAFETY
Containers
With the exception only of drinks which are available solely in glass bottles, the Premises Licence holder or Designated Premises Supervisor shall ensure that no drinks shall be sold from a bar or by staff service or otherwise, to be consumed in or on the premises, other than in a container made from non-splintering plastic, paper or shatterproof glass.
PREVENTION OF PUBLIC NUISANCE
Notices
Where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.
Noise
Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.
THE PROTECTION OF CHILDREN FROM HARM
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.
Training
A documented training scheme shall be introduced for all the staff in a position to sell alcohol. The training shall be implemented within a reasonable period of time but no longer than one month after the first date of employment. The scheme shall be made available for inspection at the request of Local Authority Officers and Police.
Documentary evidence of all training must be supplied to the Licensing Authority within one week of the training being completed.
The DPS or Premises Licence holder shall conduct six monthly reviews with all members of staff authorised to sell alcohol to reinforce the training and to promote best practice. A written record shall be kept of the content of such reviews for a minimum period of twelve months. the record shall be made available for inspection at the request of the Local Authority Officers and Police.
Children
Children under the age of 16 shall not be permitted to enter the premises after 21.00hrs.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
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