ANNEX 1 - MANDATORY CONDITIONS
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
(1) 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
(1) 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
1. THE PREVENTION OF CRIME & DISORDER
(a) 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.
(b) Designated supervisor will need to demonstrate that their CCTV system complies with their Operational requirements. A commissioning test must be carried out with the licensing and CCTV Liaison Officers before completion and hand over of the system. The commissioning test will need to demonstrate the following:-
1) recordings are fit for their intended purpose,
2) good quality images are presented to the officer in a format that can be
replayed on a standard computer,
3) the supervisor has an understanding of the equipment/training,
4) management records are kept,
5) maintenance agreements and records are maintained,
6) Data Protection principles and signage are in place.
(c) SIA registered Door Supervisors shall be employed from 10pm until the close of the premises on nights when the service of alcohol continues after midnight
(d) 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:-
(i) the door supervisor's name, date of birth and home address;
(ii his/her Security Industry Authority licence number;
(iii) the time and date he/she starts and finishes duty;
(iv) the time of any breaks taken whilst on duty;
(v) each entry shall be signed by the door supervisor.
(vi) 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.
(e) The Premises Licence Holder shall be an active member of the Town Centre Radio Link scheme. Furthermore, at all times the premises are open to the public one registered door supervisor, DPS or other person in charge must have the radio on their person and the radio must be switched on.
(f) The premises shall be alarmed when closed.
(g) A contact telephone number for the DPS shall be available on the premises when not on duty.
(h) Shatterproof glass shall be used where available.
2. PUBLIC SAFETY
(a) None
3. PREVENTION OF PUBLIC NUISANCE
(a) Prominent, clear and legible notices shall be displayed at all exits and in key areas, requesting the public to respect the needs of the local residents and to leave the premises and the area quickly and quietly.
(b) All doors and windows must be kept closed (except for egress and exit) when any live or recorded music is being played within the premises.
(c) When live or recorded music is being played a nominated member of staff will conduct regular risk 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.
(d) A written record of those assessments and the remedial action shall be kept and will include the date, time and the name of the person carrying out the checks.
(e) No external speakers shall be used outside the front of the building.
4. THE PROTECTION OF CHILDREN FROM HARM
Challenge 25
(a) A Challenge 25 policy shall be operated at the premises at all times.
(b) 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, PASS approved proof of age card, H.M. Services Warrant Card or other reliable photo I.D. that is approved for acceptance by the Police or other Authorised officers .
(c) Signage for Challenge 25 scheme shall be displayed at the premises.
Training
(a) 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 Trading Standards, Licensing Authority Officers and Police. A written record shall be kept of the content of training.
(c )The DPS or PLH shall conduct six monthly 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.
Refusals Log
(a) The Designated Premise Supervisor (DPS) or Premise Licence Holder (PLH) shall operate a refusals register, ID signature log book and an Incident Log Book.
ANNEX 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 dated January, 2018
ANNEXE 5 - PREMISES FIRST GRANTED
16th March, 2018