ANNEXE 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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME AND DISORDER
1) The premises shall install and maintain a comprehensive digital CCTV system, taking into consideration any advice provided by Cheshire Constabulary. The system shall be capable of providing pictures of evidential quality in all lighting conditions and in particular facial recognition.
2) All public areas of the licensed premises, including all public entry and exit points, and the street environment shall be covered, enabling facial identification of every person entering in any light condition.
3) Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order and numbered sequentially. The cameras shall continually record while the premises are open to the public, the recordings shall be retained in an unedited format for a minimum of 28 days and be provided to the Police on request.
4) A staff member who is conversant with the operation of the CCTV system shall be present on the premises at all times when they are open to the public and must be able to produce/download/ burn CCTV images upon request by a Police Officer or an Authorised Officer of the licensing authority, with the absolute minimum of delay.
5) Any footage provided must be in a format that can be played back on a standard personal computer or standard DVD player.
6) The recording equipment shall be kept in a secure environment under the control of the Designated Premises Supervisor or other responsible named individual. An operational daily log report must be maintained and endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.
7) When there are events held at the premises or when there is any specific local event, the Premises Licence Holder or Designated Premises Supervisor shall conduct an assessment of the need for door supervisors, taking into account any advice offered by the Police. Where the assessment shows that door supervision is required, supervisors shall be engaged at such times and ratios as are assessed to be necessary.
8) When such door supervision is employed:-
A written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:-
· The door supervisor's name, date of birth, contact telephone number and home address;
· His/her Security Industry Authority licence number;
· The time and date he/she starts and finishes duty;
· The time of any breaks taken whilst on duty;
· Each entry shall be signed by the door supervisor.
· Record of all incidents taking place in the venue
That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
9) The Designated Premises Supervisor shall ensure that at times when the premises are used for any licensable activity there shall be sufficient competent staff on duty for the purposes of fulfilling the terms and conditions of the licence and for preventing crime and disorder.
10) The Designated Premises Supervisor shall ensure that all staff will undertake training in relation to their responsibilities to the sale of alcohol. Records of training will be kept.
PUBLIC SAFETY
11) Emergency exit and signs are checked regularly and records of these checks hsall be kept and can be produced upon request.
12) Notices detailing the actions to be taken in the event of fire or other emergency sahll be prominently displayed and maintained in good condition.
13) Access shall be maintained for emergency vehicles and kept clear from obstruction at all times.
14) There sahll be at least one trained first aid staff on duty when the public are present.
15) With regards to the sale of alcohol in an outdoor area 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 to be consumed in the external areas, other than in a container made from non-splintering plastic, paper or shatterproof glass.
THE PREVENTION OF PUBLIC NUISANCE
16) The Premise Licence Holder or their representative shall conduct regular assessments of the noise coming from the premises during any events 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 shall include the date, time of the checks and the name of the person carrying out the checks. Details of any remedial action taken shall also be recorded.
17) When any outdoor amplified music or voice events are proposed at the premises then a noise management plan for the event shall be submitted to the Local Authority not less that 15 working days before the start of the event. Once agreed, all identified measures within the noise management plan shall be implemented for the duration of the event.
18) Speakers will face away from local residences.
19) Prominent, clear and legible signs must be displayed at all exits to temporary structures and in key areas along the exit routes from the premises, requesting the public to respect the needs of the local residents and to leave the premises and area quickly and quietly.
20) The Premise Licence holder shall ensure that the premises are vacated promptly and where car parks are used noise levels are kept to a minimum.
THE PROTECTION OF CHLDREN FROM HARM
21) There shall be in place for the premises a written policy that employees challenge all persons purchasing alcohol who appear to be under 25 years of age. That policy shall require any person who appears to be under the age of 25 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, accredited student card or H.M. Warrant card.
22) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
23) The Designated Premises Supervisor or Premises Licence Holder 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. The Designated Premises Supervisor or other responsible person shall check and sign the register once a week. Alternatively an electronic point of sale refusals log shall be kept.
24) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. A written record for each member of staff shall be kept of the content of such training and shall be made available for inspection at the request of Local Authority Officers and Police.
25) The Designated Premises Supervisor or Premises Licence Holder shall conduct six monthly training 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 for each member of staff shall be kept of the content of such reviews and shall be made available for inspection at the request of Local Authority Officers and Police.
26) A list of persons authorised to sell alcohol shall be kept on site and made available for inspection at the request of Local Authority Officers and Police.
27) Where events with age restrictions are taking place, for example an open air film screening of a film with a 15 rating, tickets will only be made available to persons over the age of 15. This is specified at the point of sale.
28) Where events are restricted to an adults only audience such as for a live music event in the riding school, tickets will only be made available for over 18's. This is specified at the point of sale. All those who purchase tickets for any event at which there is an age restriction will be made aware that they may be required to produce evidence of age. Admittance will be refused to anyone who fails to do so when asked.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PREMISES PLAN
The premises plan forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
30th November 2021.