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.
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.
Exhibition of films
The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by the British Board of Film Classification, where the film has been classified by that Board.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME & DISORDER
1) Regular checks of both the male and female toilets will be made by a member of staff at least once every hour commencing from the time the premises opens for licensed activity and ceasing at the time the premises closes for licensed activity.
2) The checks will be recorded (either digitally or written) with the date, time, name of person who carried out the check and any observations made.
3) A Personal Licence holder will be present on the premises after 8pm every Friday & Saturday that the premises are open for licensed activity. A Personal Licence holder will also be present on the premises after 8pm on every Sunday preceding a Bank Holiday when the premises are open for licensed activity.
4) There shall be a CCTV system installed and operating that complies with the Cheshire Constabulary CCTV Operational Requirements document.
5) The images shall be made available on request to either the Police or authorised officer of the council for crime prevention and detection purposes. There shall be a member of staff on duty trained to operate the system and capable of retrieving and supplying the data in a readable format when requested by an authorised officer of the council or Cheshire Police. There shall be sufficient stock of materials available to facilitate this. (CD’s, DVD’s, and Flash Drives as appropriate).
6) CCTV 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.
7) A written record shall be kept of images that are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. The record shall identify the person responsible for the recording and shall be signed by him/her. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc), a secure storage system to store those recording mediums shall be provided.
8) The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.
Door Supervisors
9) A record in respect of Door Supervisor records shall be kept on the premises by the Premises Licence holder of every person employed on the premises as a Door Supervisor in a register kept for that purpose. This record shall be in the form of an approved electronic system or a hard-backed, bound register with consecutively numbered pages. Such records (paper or electronic) to be kept for a minimum of 2 years.
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;
· each entry shall be signed by the door supervisor.
· Where the door supervisors are employed via an agency the full name, address and contact details of the agency shall be recorded
10) That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
11) Door Supervisors will wear reflective clothing.
12) Door Supervisors will be briefed at the commencement of their duties in relation to the Challenge 25 policy and the requirement to produce identification.
Search Policies/Drugs & Weapons
13) The Premises Licence Holder shall put in place a search policy to cover both drugs and weapons for the premises, which shall be to the satisfaction of Cheshire Constabulary. The Premises Licence Holder or Designated Premises Supervisor shall then ensure that these policies are complied with at all times when the premises are open for licensable activities.
14) A random search policy will be implemented at the premises, and conspicuous notices will be displayed at the entrance informing customers that it is a condition of entry that they agree to be searched and that the Police will be informed if anyone is found to be in possession of controlled substances or weapons.
15) There shall be a dedicated search area at the main entrance which will be covered by CCTV in order to visually record any searches which take place. The search area will include amnesty bins, evidence collection kits provided by the police, a search log and appropriate information leaflets.
16) Searches will be conducted with the aid of a search wand if appropriate as an additional aid/deterrent.
17) A bound record book shall be kept of all such seizures and retained for a period of 12 months and made available for inspection on request to a Police Officer or an authorised officer of the Council. A clear auditable trail should be maintained of items seized; the record will detail what was seized, at what time and date by which member of staff and include the details of the officer the items were subsequently handed too. Cheshire police will be contacted at the earliest opportunity in order that any suspected illegal drugs can be collected and disposed of lawfully.
Town Centre Radio Scheme
18) The premises Licence holder or their representative shall be an active member of the town center radio scheme.
Alcohol
19) 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.
Incidents of Crime & Disorder
20) All instances of crime and disorder shall be reported to the Police and details shall be kept in an incident logbook
PUBLIC SAFETY
Open Containers
1) The Premises Licence Holder or DPS shall ensure that no customers carrying open bottles upon entry shall be admitted to the premises at any times when the premises are open to members of the public.
2) The Premises Licence Holder or DPS shall ensure that no customers are allowed to remove from the premises any alcohol unless it is sealed before it is removed.
3) With the exception only of drinks which are available solely in glass bottles, the Premises Licence Holder or DPS shall ensure that no drinks shall be sold from a bar or by staff service or otherwise be consumed in or on the premises other than in a container made from non-splintering plastic, paper, shatterproof glass, polycarbonate, toughened, laminated or a similar standard of safety glass.
THE PREVENTION OF PUBLIC NUISANCE
Noise
1) All doors and windows must be kept closed (except to allow ingress and exit) when any amplified or unamplified music or voices are being played within the premises.
2) The Premises Licence Holder or the Designated Premises Supervisor 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.
3) 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.
4) No external speakers shall be used outside the premises.
5) Refuse, including bottles shall not be removed from the premises for disposal between the hours of 23.00 and 07.00 every day of the week.
THE PROTECTION OF CHILDREN FROM HARM
Authorised Persons
1) A written or printed 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.
Notices
2) Notices advising adults that it is an offence to purchase alcohol for persons under 18 years old shall be displayed. (Exception are those alcoholic drinks that can be legally purchased and consumed with a meal).
3) A 'Challenge 25' policy shall be operated at the premises at all times.
4) The only forms of ID that should be accepted as proof of age are a valid passport, photographic driving licence, H.M. Forces I.D. Card or a PASS approved proof of age card. No other form of identification shall be accepted. Publicity materials notifying customers of the operation of the “Challenge 25” scheme shall be displayed at the premises.
Register of Refusals
5) 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 refusal log shall be kept.
Staff Training
6) 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 the Police.
7) The DPS or PLH shall conduct 6 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 for each individual member of staff.
8) All bar staff are to be trained to at least Level 1 BII Certificate OR its equivalent and training to be repeated at intervals of not less than 6 months.
9) The Premises Licence holder/DPS shall conduct quarterly reviews with all members of staff authorised to sell alcohol in order to reinforce the training and to promote best practice. A written record shall be made of the content of such reviews.
10) All bar staff to be trained to at least Level 1 BII Certificate or its equivalent and training to be repeated at intervals of not less than 6 months.
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.
Drawing numbers 190401/01, Dated April 2019.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
21st December 2010.