ANNEXE 1 - MANDATORY CONDITIONS
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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME & DISORDER
1) Substantial table meals shall be available when alcohol is sold until 22:00 hrs.
2) Suitable non alcoholic beverages including drinking water, shall be equally available for consumption on the premises.
3) Every supply of alcohol under the premises licence is to be made or authorised by a person who holds a personal licence.
4) A CCTV system shall be used and shall be designed and installed in accordance with the Cheshire Constabulary’s CCTV guidance document called ‘CCTV in Licensed Premises - An Operational Requirement’. This system shall be in operation at all times when licensable activities are taking place.
Recorded CCTV images will be maintained and stored for a period of thirty-one days and shall be produced to the Police or Licensing Authority upon request.
Designated supervisors will need to demonstrate that their CCTV system complies with their Operational requirements. Management at the premises will need to be able to demonstrate the following:-
- 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 records are kept,
- Maintenance agreements and records are maintained,
- Data Protection principles and signage are in place.
5) Any person who appears to be intoxicated shall not be served and shall be asked to leave. Persistent offenders shall be barred from the premises. A log book of anyone refused to be served will be kept with the name, date and time of the refusal.
6) Except for the seating area immediately surrounding the bar, the sale of alcohol shall be via waiter/waitress service only and seating shall be provided for all customers.
7) There shall be no reduction in the numbers of covers to those indicated on the plan supplied.
8) The outside area shall be clearly marked and roped off by means of ropes/posts or some other substantial means.
9) All outside furniture shall be removed and stored away by 22:00 hrs each day.
10) Pre-booked functions shall not be accepted with less than 48 hours' notice.
11) When the risk assessment shows a requirement for door supervisors to be employed the following conditions to apply:
12) When such Door supervision is employed, there will be a minimum of 2 SIA Registered door supervisors and the following information will be recorded:-
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 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;
· When employed by an Agency, details of the agency are also to be recorded
· 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.
Door Supervisors shall be required to wear reflective waistcoats, jackets or overcoats to approved standard, with approved lettering "security" front and rear and a clear plastic pocket to display the SIA badge in a prominent position.
13) The premises will operate a dispersal policy at the end of trading each day, to encourage customers to leave the area quickly and quietly.
PUBLIC SAFETY
14) All instances of crime and disorder shall be reported to the Police and details will be kept in an incident logbook.
15) Door Staff
On a weekly basis and when there is any specific local event, festival or public holiday 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.
16) A written record of the assessment and the rationale applied in the decision making shall be made and such records will be retained at the premises for a period of 12 months and will be made available to a police officer or an officer from the local authority upon request.
17) Where the assessment shows that door supervision is required, supervisors shall be engaged at such times and ratios as are assessed to be necessary.
THE PREVENTION OF PUBLIC NUISANCE
18) The volume of recorded music shall not be excessive nor cause a disturbance to neighbouring residents.
19) All doors and windows of the premises will be kept closed when any amplified or unamplified music or voices are being played.
20) The Premises Licence Holder (PLH), the DPS or their representatives 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 will 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 recoded.
21) At the exits of the premises, in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises quickly and quietly will be displayed.
22) The outdoor bins will not be used between the hours of 23.00 to 09.00 each day.
23) Recorded and live music shall be restricted to the first floor of the premises.
THE PROTECTION OF CHILDREN FROM HARM
24) 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 an Officer of the Local Authority).
25) Publicity materials notifying customers of the operation of the "Challenge 25" Scheme will be displayed at the premises.
26) The DPS or PLH will operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal and this shall be made available for inspection by Local Authority Officers and the Police. The DPS or other responsible person will check and sign the register once a week. Alternatively, an electronic point of sale refusals log shall be kept.
27) A documented training programme will 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 the Police.
28) The DPS or PLH 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.
29) 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.
30) Under 18's events will not take place without prior consultation with the Police and Local Authority Officers. The consultation shall take place not less than 10 days before any planned event.
31) Young people under the age of 18 shall not be permitted to remain at the premises after 10.00pm unless attending a pre-booked private function. A diary of privately booked functions shall be kept and shall be made available for inspection at the request of Local Authority Officers and Police.
32) Children shall be accompanied and supervised by an adult when using the premises.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEXE 4 - PREMISES PLAN
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
8th August 2006.