ANNEX 1 - 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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
Free Tap Water
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
Age Verification
1. The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
2. 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 a holographic mark.
Measures
The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
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 (6);
(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(7).
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.
ANNEX - 2 CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
CCTV
CCTV cameras shall be installed both external (front & rear) and on both floors.
The CCTV shall comply with the Cheshire Constabulary OR document as attached. The footage shall be made available to the police at the time of request for the purposes of crime prevention and detection.
Radio Link
The premises shall be an active member of the town centre radio link.
Supervision
Premises shall be supervised by owner or a nominated responsible person when open to the public.
Toughened Glass
Toughened/ non splintering glass shall be used for pints and half pints.
PREVENTION OF PUBLIC NUISANCE
Outside area
When outside areas are used they shall be kept clean and tidy. Front outside area will be sectioned off with only one entrance & exit for customers.
All doors and windows to be closed from 22.00 when any regulated entertainment is taking place.
PROTECTION OF CHILDREN FROM HARM
Challenge 25
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, HM Services Warrant Card or other reliable photo ID that is approved for acceptance by the Police or relevant authority. Publicity materials notifying customers of the operation of the "Challenge 21" scheme shall be displayed at the premises.
Register of Refusals
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 Trading Standards, Licensing Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
Training
A documented training scheme shall be introduced for all staff in a position to sell, serve or deliver alcohol. The scheme shall be made available for inspection at the request of Trading Standards, Licensing Authority Officers and Police.
The premises licence holder / DPS shall conduct six monthly reviews with each person authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record shall be made of the content of such reviews.
ANNEX - 3 CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
PREVENTION OF CRIME AND DISORDER
Door Supervisors
One door supervisor shall be on duty on Friday & Saturday nights from 20.00 until the premises close. They shall wear yellow or orange hi-vis clothing (waistcoats, jackets or similar standard). There shall be a hardback nominal register recording details of each door supervisor employed including name, address, telephone contact number and SIA badge number and where employed via an agency the full details of the agency.
There shall be a register recording the times that each door supervisor is on duty incorporating their name, start time, signature, SIA badge number and any times in between that they are not on duty.
The registers shall be made available to Police and Council Licensing officers on request.
Door Supervisors to be trained to an appropriate recognised standard as requred for Door Supervisors.
Personal Licence Holder
A personal licence holder shall be on duty at all times the premises supplies alcohol.
First Floor
The first floor area shall be closed to the public.
PUBLIC SAFETY
Capacity
The maximum capacity shall be amended from 75 to 60.
PROTECTION OF CHILDREN FROM HARM
Training
The premises licence holder / DPS shall conduct three monthly reviews with each person authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record shall be made of the content of such reviews which will be kept for a minimum of 12 months and to be made available to a Police Officer or Licensing Authority Officer on request.
All bar staff to be trained to level 1 BII Certificate or its equivalent standard.