ANNEXE 1 - 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.
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 AND DISORDER
CCTV
A CCTV system shall be installed at the premises to the satisfaction of Cheshire Police to cover all public areas (save for toilets). Those cameras covering main entry points shall be capable of facial recognition. The system shall be maintained and in use at all times that the premises are open to the public. The CCTV
images will be stored for a minimum of 28 days and be available to an authorised Officer of the Council or Cheshire Police on demand or within a reasonable period of time. 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 the authorised Officer of the Council or Cheshire Police. There shall be a sufficient stock of materials available (CDs, DVDs, Flash Drives as appropriate)
Town Centre Radio Scheme
To acquire radio sets and to take part in the town centre radio scheme and will continue to be used while the system is in use within Warrington.
Door Supervisors.
Two door staff must be on duty at the premises on Friday and Saturday evenings from 8pm to 1am.
Where any Door Supervisors are used at the premises they shall be registered with the Security Industry Authority.
Where any persons is employed on or about the Premises as a Door Supervisor the Premises Licence holder shall maintain a register in a form approved by the Licensing Authority showing in respect of each period of duty of that person:-
() the name, date of birth, badge or licence number and residential address of that person;
() the time at which he commenced the period of duty, with a signed acknowledgement by that person;
() the time at which he finished the period of duty, with a signed acknowledgement by that person;
() any time during the period of duty when he was not on duty; and
() if that person is not an employee of the Premises Licence holder, the name of the person by whom that person is employed, or through whom the services of that person were engaged.
The register shall be kept on the Premises at all times and shall be available for inspection by an authorised officer of the Licensing Authority or a Police Officer.
Door Supervisors shall carry with them proof of their registration with the SIA and shall wear their name badges at all times (save as any exceptions permitted within the SIA ACS scheme).
Door Supervisors shall wear a reflective waistcoat or jacket. It shall bear the legend Door Supervisor on the front and rear.
Open Containers
Alcoholic drinks may not be removed from the premises in open containers save for external areas provided for that purpose.
Noise
Signs shall be displayed at all exits requiring the public to respect the needs of local residents and leave the premises quietly.
Refusals Log
A refusal log and incident log shall be maintained and audited by the management and be available for inspection to an authorised officer of the Council and Cheshire Police.
Safety Glass
Pint and half-pint glassware used at the premises shall be of a safety specification.
Policies
Prior to commencement of trading the Premises Licence Holder shall implement written policies and procedural statements including:
(a) Search Policy
(b) Dispersal Policy
(c) Noise Management in particular dealing with dispersal
THE PREVENTION OF PUBLIC NUISANCE
Alcohol
Staff to be trained to recognise when individuals have had too much to drink and will offer non-alcoholic drinks.
THE PROTECTION OF CHILDREN FROM HARM
Under 18's
Children under the age of 18 shall not be permitted to remain on the Ground Floor of the premises after 8pm.
Children under the age of 18 shall not be permitted to remain on the 1st Floor of the premises after 10pm, unless performing in a band and in the company of an adult.
'Challenge 21'
A “Challenge 21” 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 other responsible authority)
Publicity materials notifying customers of the operation of the “Challenge 21” scheme shall be displayed at the premises.
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 the Relevant Authority. Alternatively an electronic point of sale refusals log shall be kept.
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 the Relevant Authorities.
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.
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEXE 4 - PREMISES PLANS
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
10 June 2016.