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 permitted hours.
The above restrictions do not prohibit:
() 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.
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).
1 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 200 persons or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
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.
Door Supervision
Individuals employed at the premises to undertake a security activity must be licensed by the Security Industry Authority.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
CCTV
A CCTV system shall be installed at the premises to the satisfaction of Cheshire Police to cover all public areas.
An overt CCTV camera will be placed within the male toilets to act as deterrent to customers from partaking in any drug-related activities. Notices will be displayed throughout the venue (including the toilets) alerting customers to the use of CCTV within the premises.
Those cameras covering main entry points shall be capable of facial recognition. The system shall be maintained and in use at all times that the premises are open to the public. The CCTV images will be stored for a minimum of 28 days and be available to an authorised officer of the Council or Cheshire Police on demand or within a reasonable period of time.
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 (CD’s, DVD’s, and Flash Drives as appropriate).
A plan of the location of CCTV cameras at the premises will be made available to Cheshire Police & the Licensing Authority.
Door Supervision
Security personnel shall be on the premises when regulated entertainment takes place.
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.
Door Supervisors shall be required to wear reflective waistcoats or jackets to approved standard- to be a specified colour, with approved lettering "security" front and rear and a clear plastic pocket to display the SIA badge in a prominent position.
On Friday & Saturday nights (until closure of the premises) a minimum of two door supervisors will be on duty from the commencement of licensable activities and two further door supervisors will commence duty at midnight. An additional door supervisor to be employed whenever the capacity in the premises exceeds 100.
At least one member of the door staff shall be issued with and wear a body/head cam whilst patrolling the premises. The images to be retained for a period of 21 days, and supplied on request to the Police in a viewable format for the purposes of preventing and detecting crime.
There shall be a register kept recording the times that Door Supervisors are on duty including a nominal register including the name, address and badge number of each Door Supervisor employed, together with details of the company employing them. These shall be kept for a minimum of 12 months and made available to the Police at all reasonable times for the purpose of crime prevention and detection.
Personal Licence Holder
At least one Personal Licence Holder will be on duty at all times the premises are open to the public.
Sealed Containers
Alcohol shall not be removed from the curtilage of the premises unless in a sealed container.
Town Centre Radio Scheme
The premises licence holder or their representative shall be an active member of the town centre radio scheme.
Search, drugs and weapons policy
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 Cheshire Constabulary. The Premises Licence Holder or Designated Premises Supervisor shall then ensure that this drugs policy is complied with at all times when the premises are open for licensable activities. Conspicuous notices advising customers of the search policy shall be displayed at all entrances to the premises.
A random search policy will be implemented at the premises, and 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.
There shall be a dedicated search area to include ultra-lighting, amnesty bins, evidence collection kits provided by the police, search log and appropriate information leaflets.
The DPS and/or a nominated member of staff shall carry out searches of the premises before the premises open and at closing. Any relevant items recovered e.g. illegal drugs, lost property etc. shall be managed in accordance with company procedures.
A bound record book shall be kept of 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. Cheshire police will be contacted at the earliest opportunity in order that any suspected illegal drugs can be collected and disposed of in accordance with Cheshire police policy. A record of the time and date, including the officers/police staff details will be made in the record book.
Dispersal Policy
The premises licence holder will observe the dispersal policy on Friday and Saturday subject to amendments being made to it from time to time in agreement with Cheshire Constabulary.
Last admittance is thirty minutes before cessation of licensable activities. Last orders will be called at 4.45am, which will be announced by the DJ. Music volume and tempo will be lowered from last orders and house lighting shall also be lifted.
Once the music has finished and the bar closed, tap water will still be available until close of the premises. Bottled water will be given to customers who request it.
From 5am one member of the door staff will begin to ask customers to leave starting at the rear of the venue making their way towards to front doors.
Two members of door staff will usher any customers away from outside the front of the premises, advising them to go home quickly and quietly, ensuring that no alcohol is being taken off the premises.
If necessary, customers will be searched on the way out of the premises by the door staff.
Customer Toilets
1. Whenever a member of the public is present within the MALE toilet areas to have a member of staff on rotation on Friday & Saturday until closing time to provide a constant presence in the toilets making sure no drug activity is taking place and in radio contact with other staff.
2. The above condition also applies from 4am to closing time on any other day of the week on which the premises are open to the public.
PUBLIC SAFETY
Waste Receptacles
The Premises Licence Holder or Designated Premises Supervisor shall 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.
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, shatterproof glass, polycarbonate, toughened, laminated or a similar standard of safety glass.
No open containers to leave the premises.
Training
All staff shall be trained in recognising signs of drunkenness, how to refuse service, the premises’ policies, action to be taken in the event of an emergency and conditions in force under the Premises Licence. 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.
All staff shall be briefed and made aware of their responsibilities and the relevant company operating procedures before they commence paid duty at the premises.
Capacity
Total capacity of the venue to be a maximum of 200 including staff. An appropriate means on counting system to be employed and must be available at all times for inspection to Responsible authorities.
Staff Patrols
Staff members will conduct regular walkthroughs to monitor all areas to ensure that no problems arise.
Staff will regularly remove bottles, glasses and remove any breakages immediately to reduce risk of injury.
PREVENTION OF PUBLIC NUISANCE
Noise
The Premises 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.
After 3am the licence holder or their representative shall conduct regular assessments of noise where it is likely to cause disturbance to local residents. A written record of these assessments and the remedial action taken shall be kept and shall include the date, time of the checks and the name of the person carrying out the checks. Details of any remedial action shall also be recorded.
There shall be placed at all exits of the premises, in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises quickly and quietly. This condition also extends to car parks where car radios and members of the public may cause disturbance to local residents.
All music to be reduced to low background music from 4.45am
Noise Limiting Device
All music generated at the Premises shall be controlled by the use of electronic noise limiting device.
PROTECTION OF CHILDREN FROM HARM
Children
No children shall be allowed in the premises.
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 or passport.
Refusals Log
A bound refusals book shall be kept at the premises and retained for at least 12 months after the last entry and made available upon request to a Police Officer or an authorised officer of the Council. The record should include the date and
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.
Dated 25 August 2004.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
11 July 2005.