ANNEXE 1 - MANDATORY CONDITIONS
A) 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.
B) 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 detailed on this licence.
The above restriction does not prohibit:
consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing on the premises.
Suitable non alcoholic beverages including drinking water, shall be equally available for consumption with or otherwise as an ancillary to meals served in the premises
The premises must be bone fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.
Alcohol shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.
ANNEXE 2 - CONDITION CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
1) The CCTV system should be designed and installed in accordance with Cheshire Constabulary's CCTV guidance document called "CCTV in Licensed Premises - an Operational Requirement".
2) A CCTV System shall be maintained and operated at the premises with cameras positioned both internally and externally at all times when the premises are open for licensable activity.
3) CCTV images shall be retained unedited for a period of not less than 28 days. CCTV images must be able to be downloaded onto a CD/DVD/USB or other storage media device for offline viewing.
4) CCTV footage can be requested by members of Cheshire Constabulary, or officers of Warrington Borough Council. When CCTV footage is requested, it must be presented to those officers as quickly as possible without undue delay. Members of staff must be able to download CCTV footage when requested to do so.
5) At least one Door Supervisor must be employed from 7.30pm every Friday and Saturday night until the premises closes for licensed activity.
6) At least one Door Supervisor must wear a body cam and the images must be retained for a period of not less than 21 days.
7) The requirement for more than one door supervisor on a Friday and Saturday, and any door supervisors Sunday - Thursday, shall be determined by either the Premises Licence Holder or the Designated Premises Supervisor following a full risk assessment for the premises that shall be assessed on a dynamic basis, taking into account any advice offered by the Police.
8) Where the assessment shows that door supervisors are required, supervisors shall be engaged at such times and ratios as are assessed to be necessary.
9) A written record of such assessments shall be kept, documenting the decision-making rationale and the final decision. This record will be made available for inspection upon request by an authorised officer of the Council, the Security Industry Authority or a Police Officer.
10) Where any Door Supervisors are used at the premises, they shall be registered with the Security Industry Authority.
11) Door Supervisors must be employed through an SIA approved Security Company/Provider.
12) When Door Supervisors operate at the premises, a written record shall be kept on the premises of every door supervisor operating at the premises in a register kept for that purpose. The register shall be of hardback construction with consecutive numbered pages.
13) That record shall contain the following details:-
- The door supervisors 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 involving door supervisors.
14) That register shall be available for inspection, by a GDPR compliant request, to the Premises Licence Holder or Designated Premises Supervisor, by an authorised Officer of the Council, the Security Industry Authority or a Police Officer.
15) Door Supervisors shall be required to wear yellow or orange high visibility jackets, or armbands at all times when they are on duty.
16) The Premises Licence Holder or Designated Premises Supervisor shall ensure that no customers are allowed to enter the premises with any alcohol or other bottles, whether sealed or open, when the premises are being used for licensable activity (not including bone fide deliveries to the premises).
17) All customers must be seated inside the premises when they are consuming alcohol.
18) Alcohol will only be consumed between 12.00 noon and 18.00hrs as an ancillary to a seated hot table meal.
19) The Premises Licence Holder or Designated Premises Supervisor shall ensure that no customers are allowed to leave the premises with any alcohol or other bottles in an unsealed container, unless it has been re-corked or sealed before removal, when the premises are being used for licensable activity.
20) Any person who appears to be intoxicated shall not be served and shall be asked to leave the premises. Persistent offenders shall be barred from the premises.
21) A log book (hard copy) shall be kept detailing any customer refused alcohol to include:-
- Date, time & location of refusal;
- Reason for the refusal;
- Name of staff that refused the sale.
22) A written or printed list of persons authorised under the Designated Premises Supervisor to sell alcohol shall be kept on site and made available for inspection at the request of the Local Authority or the Police.
23) The Premises Licence Holder or Designated Premises Supervisor shall be responsible for ensuring there is a written policy to assist in the safe and quiet dispersal of customers at the end of permitted licensing hours.
24) The Premises Licence Holder or Designated Premises Supervisor shall keep a log of all incidents that occur on the premises while it is open for licensable activity.
PUBLIC SAFETY
25) A full Fire Risk Assessment will be completed and kept up to date at all times, a copy of which will be shared with The Fire Authority.
PREVENTION OF PUBLIC NUISANCE
26) Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
27) No noise shall emanate from the premises nor vibration to be transmitted through the structure of the premises which gives rise to a nuisance.
28) No external speakers shall be permitted.
29) All doors and windows must be kept closed (except to allow ingress and exit) when any amplified music or voices, including live or recorded music, are being played within the premises.
30) Prominent, clear and legible signs must be displayed at all exits and in key areas, requesting the public to respect the needs of the local residents and to leave the premises quickly and quietly.
31) The emptying of bins into skips, the removal of refuse from the building and refuse collections will not take place between 11pm and 7am each day.
32) The Premises Licence Holder or Designated Premises Supervisor or their representative shall conduct regular assessments of the noise emanating 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 shall include the date, time of checks and the name of the person carrying out the checks. Records shall be made available to Officer of the Council or Cheshire Constabulary upon written request.
PROTECTION OF CHILDREN FROM HARM
33) A 'Challenge 25' Policy shall be operated at the premises at all times. The only forms of ID that shall be accepted (at the discretion of the management) as proof of age are a valid passport, photographic driving licence, a PASS approved proof of age card or H.M. Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or other Responsible Authority). Publicity materials notifying customers of the operation of the 'Challenge 25' Scheme shall be displayed at the premises.
34) All persons under the age of 18 must be accompanied by an adult and they must all be seated at a table for the purposes of a table meal.
35) No person under the age of 18 years shall be permitted to enter or remain on the premises after 18.00hrs, except bone fide employees.
36) Under 18’s events will not take place without prior consultation with Cheshire Constabulary and the Local Authority. Consultation should take place not less than 10 days before any planned event.
37) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. The programme shall be made available for inspection at the request of Local Authority Officers and the Police.
38) The Premises Licence Holder or Designated Premises Supervisor shall conduct quarterly 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. As part of that training public safety needs to be addressed and documented for each member of staff. A written record shall be kept of the content of such reviews for each individual member of staff.
39) Notices advising adults that it is an offence to purchase alcohol for persons under 18 years old shall be displayed. (Exception are those alcoholic drinks that can be legally purchased and consumed with a meal).
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PREMISES PLAN
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
28th October 2005.