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
Containers
Alcohol shall not be removed from the curtilage of the premises in open containers.
CCTV
The CCTV system shall be designed, maintained and retained to the Cheshire Police Good Practice Guide. Images shall be made available for crime prevention and detection purposes. (Document attached).
The CCTV system images shall be available for download to a Police Officer in a suitable format, together with the appropriate software on request for crime prevention and detection purposes.
Door Security
When door staff are employed the Premises Licence holder shall ensure that a door register and incident log are maintained and shall be made available for inspection and that the door supervisors shall wear hi-vis reflective jacket or waistcoats.
Non-Alcoholic Beverages
Non-alcoholic beverages shall be available at all times the premises are open.
Seating Capacity
There shall be seating for 50% capacity on the ground floor.
Personal Licence Holder
A Personal Licence holder shall be on the premises at all times.
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 between the hours of 09:00am and 18:00pm only;
(b) Ordering alcohol over the internet for delivery only (ceasing at midnight);
(c) Taking away any unfinished bottle(s) of wine 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 then before they leave the premises (ceasing at midnight);
THE PREVENTION OF PUBLIC NUISANCE
Noise
All doors and windows must be kept closed (except to allow ingress and exit) when any amplified or unamplified must or voices are being played within the premises.
The Premises Licence holder or their representative 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 shall 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 recorded.
There shall be placed at all 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. This condition also extends to car parks where car radios and members of the public may cause disturbance to local residents.
No external speakers shall be used outside the building, this will include any beer garden or outside drinking area.
Refuse, including bottles, shall not be removed from the building for disposal between the hours of 23.00 and 07.00.
Deliveries, servicing and collections including waste collection shall not take place outside the following hours: 08.00 and 18.00 Monday to Friday and 08.00 and 16.00 on Saturdays, at all on Sundays, Bank holidays and public holidays.
PUBLIC SAFETY
N/A
PREVENTION OF PUBLIC NUISANCE
N/A
THE 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 or HM 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.
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 Local Authority Officers and the Police or other relevant authority. 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 programme shall be made available for inspection at the request of Local Authority Officers and Police.
The DPS or Premise Licence Holder shall conduct six monthly training reviews with all members of staff authorised to sell, serve or deliver alcohol in order to reinforce training and to promote best practice. A record of such reviews shall be kept for each individual member of staff. A written record shall be kept of the content of such reviews.
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 AUTHORITY
N/A
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
Dated March 2011.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
11th December 2009.