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
1 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
2 Permitted numbers
The maximum number of persons permitted to use the Premises at any one time shall not exceed for all purposes 99 persons or such lesser number of persons as the Premises can with ample safety, accommodate having regard to the nature of the entertainment provided.
3. 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.
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
PREVENTION OF CRIME & DISORDER
Town Centre Radio Scheme
The Premises Licence holder or the Designated Premises Supervisor shall be an active member of the town centre radio scheme.
CCTV
When door supervisors are employed they shall wear a high visibility waistcoat or jacket in yellow or orange with the legend “security” on the front and rear
There shall be a register for the door supervisors recording full name, time on and off duty, badge number and a nominal index recording the details of each door supervisor’s name, address, date of birth, telephone number, and SIA badge number. Where they are employed through an agency the details of the agency shall also be recorded.
There shall be a CCTV system to the Cheshire Police Standard (See attached document) the images shall be provided to the police on request for the purposes of crime prevention and detection purposes.
PREVENTION OF PUBLIC NUISANCE
Noise
All doors and windows shall be kept closed when any amplified or unamplified music or voices are being played within the premises. No door to be propped open after 23.00.
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.
There shall be placed at all exits of the premises in a place where they can be seen and easily read by the public [or members and their guests] 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.
No external speakers shall be used outside the building; this will include any beer gardens or outside drinking area or car park after 22.00hrs.
The use of any outside area will cease at 23.00hrs.
Refuse bottles shall not be removed from the building for disposal between the hours of 23.00 and 07.00.
No light from the premises and any other light under the control of the premise shall be provided where that light causes a disturbance to any nearby premises.
PROTECTION OF CHILDREN FROM HARM
Proof of Age Schemes - Challenge 21
A 'Challenge 21' policy shall be operated at the premises at all times. All staff shall check identification of all persons who appear to be less than 21 Years old. This check shall be made by examining either a passport, photographic driving licence, HM Forces ID or a PASS approved proof of age card and publicity materials notifying customers of the operation of the scheme shall be displayed at the premises.
The Premises Licence Holder or DPS shall operate and maintain an up-to-date Register of Refusals of Sale of alcohol (electronic or written), indicating the date, time and reason for refusal which shall be made available for inspection by Trading Standards, Local Authority Licensing Officers and Police.
A documented training scheme shall be introduced for all staff. The scheme shall be made available for inspection at the request of the Licensing Authority, Trading Standards Department and Police.
The Premises Licence Holder/DPS shall conduct quarterly reviews with each person authorises to sell alcohol in order to reinforce the training and to promote best practice. a written record shall be made of the content of such reviews.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Door Supervisors
At least one Door Supervisor will be on duty every Friday and Saturday evening from 21:00 until 1.30am or close of business whichever is the latest. A minimum of one Door Supervisor must also be on duty on both Christmas Eve and New Year’s Eve regardless of which days these fall upon.
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, with approved lettering “security” front and rear and a clear plastic pocket to display the SIA badge in a prominent position.
There shall be a hardback nominal register kept recording the times that Door Supervisors are on duty including the badge number of each Door Supervisor employed, together with details of the company employing them. A further record shall be kept of the name, address and telephone contact number of any Door Supervisor which must be made available upon request to a Police Officer or an authorised Officer of the Council. These shall be kept for a minimum of 12 months and made available to the Police or an authorised Officer of the Council at all reasonable times for the purposes of crime prevention and detection.
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 shall be implemented and notices will be displayed at the entrances 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.
A bound book record 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 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 will be made in the record book.
Mrs. Sinead Dooley should ensure that Mr. Gerald Dooley, the former Premises Licence Holder, has no influence or connection with the Premises.
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
Drawing dated May 2005.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
21st November 2005.