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 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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME & DISORDER
1) No alcohol shall be allowed to be sold from the outside area as shown on the plan attached to the Premises Licence.
2) The Premises Licence holder shall put in place a dispersal policy. The Premises Licence holder or Designated Premises Supervisor shall then ensure that this policy is complied with at all times when the premises are open for licensable activities.
3) CCTV shall comply with the Cheshire Constabulary Operational Guidelines for CCTV.
4) CCTV equipment shall be maintained in good working order in accordance with the manufacturer’s instructions and shall be operational at all times when a licensable activity takes place on the premises.
5) CCTV images shall be made available to the police or an authorised officer on request for crime prevention/detection purposes. The Premises Licence holder or Designated Premises Supervisor shall ensure that there are sufficient staff trained on the premises who can download CCTV images at the time of a request to maximise the effectiveness of any police enquiry to detect and prosecute offenders.
6) The Premises Licence holder shall keep a log of all incidents and where entry or alcohol sales have been refused.
7) The designated outside area shall only be used by patrons who are seated at tables specifically provided for this use. Regular and robust enforcement of this policy shall be carried out by the DPS or PLH of the venue.
8) A valid Pavement Café Licence must be maintained.
9) Regular checks shall be made of the outside area and robust enforcement shall be carried out by DPS or PLH to:
Ensure patrons are all seated
Empty glassware is collected and removed promptly
Patrons are not over spilling the designated areas or removing drinks from this area
The existing CCTV system of the venue shall be extended to provide coverage of this outside area and such footage shall be subject of the same retention and provision conditions.
Off Sales of Alcohol
There shall be no off sales of alcohol to any customer unless they are:
(a) collecting alcohol that has been ordered over the internet;
(b) ordering alcohol over the internet for delivery only (up to Midnight every day);
(c) taking away any unfinished bottle(s) of alcohol that has been purchased on the premises for consumption on the premises but has not been finished. Any open bottle(s) will be either re-corked OR have a screw cap put back on them before they leave the premises;
(d) purchasing any alcohol (for consumption off the premises).
PUBLIC SAFETY
1) The total capacity for the premises shall be set at 150. A capacity for each of the 2 discreet rooms requires to be agreed and a mechanism put in place to manage the movement between them.
2) The use of the outside area shall cease at 22.00 hours every day.
3) No external speakers shall be used outdoors.
THE PROTECTION OF CHILDREN FROM HARM
1) Challenge 21/25
A "Challenge 21 or 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, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or an Officer of the Local Authority)
2) Publicity materials notifying customers of the operation of the "Challenge 21 or 25" scheme shall be displayed at the premises.
3) The Designated Premises Supervisor or Premises Licence Holder shall operate and maintain an up-Io date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which shall be made available for inspection by Local Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
4) 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 Police.
5) 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 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.
6) A register shall be kept of all those persons authorised to sell alcohol on behalf of the DPS.
Deliveries
Alcohol delivered to an address away from the licensed premises shall only be left with a person over the age of 18 years.
The age of the purchaser is to be confirmed before the goods are handed over at the point of delivery.
Delivery drivers shall only accept, as proof of age, a valid passport, a valid photocard driving licence, a PASS approved card, HM Forces ID or other acceptable ID that has been approved by the Local Authority in the area where the alcohol is being delivered.
A Challenge 25 Policy shall be operated by delivery drivers.
A written or digital record of refusals (to leave alcohol at given address) shall be kept on the delivery vehicle and maintained, recording the address, date, time & reason for the refusal.
Alcohol may not be sold from the delivery vehicle.
When the company uses a third party courier to deliver alcohol the courier must provide an age verification service of check ID at the time of delivery. The courier must not allow minors to sign for or accept deliveries. The DPS or Premise Licence Holder shall, at the request of an authorised officer of the Local Authority or Police produce full details of the couriers used and the system they use to verify age
ANNEXE 3- CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING COMMITTEE
N/A
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
19th February 2008.