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.
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.
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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
1. CCTV
A suitable closed-circuit television (CCTV) system shall be in operation whilst
members of the public are in attendance.
The CCTV system will provide clear images in all levels of lighting, enabling
facial-recognition, of all areas of the licensed site to which the public have
access, including entrance, exits, and covering points of sale.
At least one member of staff shall be on duty at the premises who can operate
the system and download recorded images.
These images will be downloaded and provided via a secure link provided by the
officer making the request by email or text message, as soon as practicable, in
any case within 24-48 hours from receipt of the email.
CCTV equipment shall be maintained in good working order in accordance with
the manufacturer’s instructions and shall be operational at all times the premises
is open to the public.
The CCTV system shall be capable of retaining images for a minimum of 31
days and will be set with the correct time and date stamp information.
The CCTV system and images will be kept in a secure environment to which
members of the public will not be permitted access.
The Images recorded by the CCTV system shall be retained in an unedited
format for a period of not less than 31 days.
The Premises Licence Holder shall ensure:
Recordings are fit for their intended purpose,
Good quality images are presented to the officer in a format that can be
replayed on a standard computer
The supervisor has an understanding of the equipment/training,
Management and maintenance records are kept,
Data Protection principles and signage are in place.
Any person who is employed to have operational responsibility for the premises,
must be trained in the use of any such CCTV equipment.
2. High-Strength Alcohol
Spirits shall be displayed behind the counter and shall be served via counter
service only.
3. Refusal Log
There shall be a written or electronic register for the recording of all alcohol sale
refusals, including attempted under-age sales, proxy sales and refusals to those
who appear intoxicated.
Details to be recorded shall include the date, time, name (if known), physical
description of the person, the reason for the refusal, names and login ID of staff
involved, and whether the refusal was captured on CCTV.
The register or electronic report must be available for inspection, on request, by
any authorised officer of the responsible authorities and shall be securely
retained by the licence holder for a for a period of 12 months from the date of the
last entry.
The DPS or other responsible person shall check and sign the register once a
week.
4. Incident Log
An incident log shall be maintained on the premises to record all incidents and
accidents.
Records should include occurrences of: crimes committed on or reported to the
premises, anti-social behaviour, admission refusals, ejections, seizure of
prohibited items, and safeguarding matters.
The records shall include the date, time, and location of the incident; nature of
the incident; personal details and contact information for all people involved
including any witnesses, any crime number and details of police officers
attending.
The records shall be available for inspection by any authorised officer of the
responsible authorities and shall be securely retained by the licence holder for a
period of 12 months after the last entry.
5. Staff Training
All staff responsible for selling alcohol shall receive induction and/or refresher
training commensurate with their role and responsibilities in relation to the sale
of alcohol and the times and conditions of the premises licence.
Training shall include Challenge 25, the requirement and process for completing
both the incident log and refusal log.
Training will be documented, kept at the premises for at least 12 months from
the last entry, and made available to the Police and/or Local Authority upon
request.
The DPS 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.
As part of their training all staff are to undertake a short test or quiz as part of
their training to test their understanding of the training provided, this test/quiz will
be marked and signed off by the DPS and a record of this is to be kept with the
employees training records.
6. Written Authorisation Record
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.
PUBLIC SAFETY
1. The premises licence holder shall hold a current Fire Risk Assessment which shall
be available for inspection by any authorised officer.
THE PREVENTION OF PUBLIC NUISANCE
1. Clear, prominent and legible notices on display at exit requesting members of
public leaving the premises to do so in a respectful and quiet manner.
The premises licence holder will operate the business with general consideration
in respect of the neighbouring properties.
Deliveries will be managed by the Premises Licence Holder so not to cause a
disturbance to any local residents and businesses.
THE PROTECTION OF CHILDREN FROM HARM
1. Age Verification Scheme – Challenge 25
A challenge 25 age verification scheme will operate at the premises whereby
any person who appears to be under 25 years of age, and unknown to the staff
member serving as a person over 18 years of age, shall not be served alcohol
unless they provide identification to prove they are over 18 years of age.
Acceptable forms of identification will be a valid passport, a valid photo ID driving
license or a valid proof of age scheme card with the PASS approved hologram.
Appropriate signage advertising the operation of the Challenge 25 scheme must
be displayed in the vicinity of all points of sale for alcohol clearly stating that it is
an offence to sell alcohol to anyone under 18 years of age.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
PREVENTION OF CRIME & DISORDER
1) All members of staff must successfully complete a conflict management course.
2) Documentary evidence of all training must be supplied to the Licensing Authority within one week of the training being completed.
3) A Personal Licence Holder shall be present on the premises to supervise alcohol sales between 16.00 and 22.00 from Sunday through to Saturday.
4) All alcohol stock shall be clearly marked with the premises details to enable tracing of discarded alcohol waste and alcohol that has been confiscated by Cheshire Constabulary.
5) The Premises Licence Holder or Designated Premises Supervisor shall attend and be an active member of the local Pub Watch/Off Watch scheme.
6) Regular meetings to take place between the Premises Licence Holder and the local police.
7) Spirits, alcopops, wines, ciders and beers which are identified as having a high volume of alcohol shall be served from behind the counter.
PROTECTION OF CHILDREN FROM HARM
8) The premises must operate a Challenge 25 policy.
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
7th March 2007.