ANNEXE 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
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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME & DISORDER
1) The CCTV system should be designed and installed in accordance with Cheshire Constabulary’s CCTV guidance document called “CCTV in Licensed Premises – an Operational Requirement”.
2) A CCTV System shall be maintained and operated at the premises with cameras positioned both internally and externally.
3) Any person employed to have operational responsibility for the premises, must be trained in the use of any such CCTV equipment. Those person(s) must, upon reasonable verbal request and as soon as practicable, make CCTV images available to be viewed on the premises by a Police Officer or other Authorised Officer. The verbal request must be followed up within 24 hours of viewing the footage with a formal written request to be submitted to the Premises Licence Holder. Any requests for hard copies of CCTV footage must be in writing to the Premises Licence Holder and footage will be supplied within 48 hours of the request being made.
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) Where CCTV is recorded on to a hard drive system, when images or footage are recorded to a CD/DVD, USB Stick or other storage media, the data will be produced in a format so that it can be played back on a standard PC.
6) The images recorded by the CCTV system shall be retained in an unedited format for a period of not less than 28 days.
7) There will be at least 2 Door Supervisors on duty every Friday & Saturday from 19.00hrs until the premises closes to members of the public.
8) The requirement for more than 2 door supervisors shall be determined by either the Premises Licence Holder or the Designated Premises Supervisor following a full risk assessment for the premises that shall be assessed on a dynamic basis, taking into account any advice offered by the Police.
9) Where the assessment shows that more than 2 door supervisors are required, supervisors shall be engaged at such times and ratios as are assessed to be necessary.
10) A written record of such assessments shall be kept, documenting the decision-making rationale and the final decision. This record will be made available for inspection upon request by an authorised officer of the Council, the Security Industry Authority or a Police Officer. .
11) Every Friday & Saturday at 00.00hrs, a door supervisor will be issued and wear a body/head cam at all times until the close of the premises for licensable activities.
12) Body Cam images shall be retained for a period of 21 days and can be supplied in a hard copy format to an authorised officer of the Council or Police Officer following a written request to the Premises Licence Holder. Any such footage will be supplied within 24 hours of the request.
13) Where any Door Supervisors are used at the premises, they shall be registered with the Security Industry Authority.
14) Door Supervisors must be employed through an SIA approved Security Company/Provider.
15) When Door Supervisors operate at the premises, a written record shall be kept on the premises of every door supervisor operating at the premises in a register kept for that purpose. The register shall be of hardback construction with consecutive numbered pages. That record shall contain the following details:-
- The door supervisors name, date of birth, contact telephone number 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;
- Record of all incidents taking place in the venue involving door supervisors.
16) That register shall be available for inspection, by a GDPR compliant request, to the Premises Licence Holder or Designated Premises Supervisor, by an authorised Officer of the Council, the Security Industry Authority or a Police Officer.
17) Door Supervisors shall be required to wear a high visibility armband.
18) The PLH/DPS shall keep a log of all incidents that occur on the premises while it is open for licensable activity.
19) The Premises Licence Holder shall be an active member of the Town Centre Radio Link Scheme. The radio must be on at all times when the premises is open for licensable activity.
20) The PLH or DPS shall ensure that no customers are allowed to enter the premises with any alcohol or other bottles, whether sealed or open, when the premises are being used for licensable activity (not including bone fide deliveries to the premises).
Off Sales
21) The PLH or DPS shall ensure that no customers are allowed to leave the premises with any alcohol or other bottles in an unsealed container, unless it has been re-corked or sealed before removal, when the premises are being used for licensable activity.
22) Any person who appears to be intoxicated shall not be served and shall be asked to leave the premises. Persistent offenders shall be barred from the premises.
23) A log book (hard copy) shall be kept detailing any customer refused alcohol to include:-
- Date, time & location of refusal;
- Reason for the refusal;
- Name of staff that refused the sale.
24) A written or printed list of persons authorised under the DPS to sell alcohol shall be kept on site and made available for inspection at the request of the Local Authority or the Police.
25) The Premises Licence Holder or DPS shall be responsible for ensuring there is a written policy to assist in the safe and quiet dispersal of customers at the end of permitted licensing hours. As part of that policy there will be a member of senior management positioned at the entrance/exits every Friday & Saturday nights from 01.00am to assist with the safe and efficient dispersal of customers.
PUBLIC SAFETY
26) All stairwells will be well lit and monitored by the CCTV system at all times the premises are open to members of the public.
PREVENTION OF PUBLIC NUISANCE
27) Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
28) No noise shall emanate from the premises nor vibration to be transmitted through the structure of the premises which gives rise to a nuisance.
29) No external speakers shall be permitted.
30) All doors and windows must be kept closed (except to allow ingress and exit) when any amplified music or voices, including live or recorded music, are being played within the premises.
31) Prominent, clear and legible signs must 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 quickly and quietly.
32) The emptying of bins into skips, the removal of refuse from the building and refuse collections will not take place between 11pm and 7am each day.
33) The DPS/PLH or their representative shall conduct regular assessments of the noise emanating 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 shall include the date, time of checks and the name of the person carrying out the checks. Records shall be made available to Officer of the Council or Cheshire Constabulary upon written request.
THE PROTECTION OF CHILDREN FROM HARM
34) 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 H.M. Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the Police or other Responsible Authority).
35) Publicity materials notifying customers of the operation of the 'Challenge 25' Scheme shall be displayed at the premises.
36) Conditions RE Delivery/Internet Orders for Alcohol
- 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 (or person making delivery) 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 21 or 25 policy shall be operated by delivery drivers (or person making delivery).
- 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 and 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 or 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.
- Any customer seeking to purchase alcohol online will be required to verify that they are over 18 prior to placing an order. Such verification will notify the customer that it is a criminal offence to purchase alcohol if under 18 years of age.
37) 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.
38) The PLH or DPS shall conduct quarterly 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. As part of that training public safety needs to be addressed and documented for each member of staff. A written record shall be kept of the content of such reviews for each individual member of staff.
39) 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).
ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - PREMISES FIRST GRANTED
27th May 2018.