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
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".
There shall be sufficient trained staff to download any images at the time if required by a Police Officer or authorised Council officer for the purposes of crime prevention and detection.
There are sufficient CD Roms, or other suitable materials to be available for the purposes of downloading such images.
The DPS (Designated Premises Supervisor) shall need to demonstrate that the CCTV system complies with their operational requirements. A commissioning test must be carried out with the licensing and CCTV liaison officers before hand over of the system. The Commissioning test shall need to demonstrate the following:-
a) Recording are fit for their intended purpose;
b) Good quality images are presented to the officer in a format that can be replayed on a standard computer;
c) The supervisor has an understanding of the equipment/training;
d) Management records are kept;
e) Maintenance agreements and records are maintained; and
f) Data protection principles and signage are in place.
Alcohol
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.
Off Sales
Alcohol may be purchased for either consumption on the premises or can be taken off the premises to be consumed in the Pavement Cafe seating area only.
Any full bottles of alcohol purchased inside the premises for consumption on the premises, that has not been fully consumed, may be taken away by the customer(s) but will be either re-sealed, re-corked or re screwed to ensure it is in a sealed container before it leaves the premises.
No alcohol that has been purchased solely for the reason of taking it away from the premises will be permitted.
PUBLIC SAFETY
Containers
With the exception only of drinks which are available solely in glass bottles, the Premises Licence Holder of Designated Premise Supervisor shall ensure that no drinks shall be sold from a bar or by staff service or otherwise, which are to be consumed in the Pavement Cafe seating area, other than in a container made from non-splintering plastic or shatterproof glass.
Incidents of Crime & Disorder
All instances of crime and disorder shall be reported to the Police and details shall be kept in an incident logbook.
THE PREVENTION OF PUBLIC NUISANCE
Noise
All doors and windows must be kept closed when any amplified or unamplified music or voices are being played within the premises between the hours of 22.00 to the close of the premises.
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.
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 the Pavement Cafe seating area.
Outdoor bottle bins shall not be used between the hours of23.00 to 07.00hrs each day.
Outside Area
The designated outside area shall only be used by patrons who are seated at tables specifically provided for this use.
The outside area shall be clearly marked and roped off by means of ropes/posts or some other substantial means.
All furniture shall be removed and stored away by 22:00hrs each day.
Regular checks shall be made of the outside area and robust enforcement shall be carried out by DPS or PLH to:
Ensure patrons are all seated
Empty glassware is collected and removed promptly
Patrons are not over spilling the designated areas or removing drinks from this area
The existing CCTV system of the venue shall be extended to provide coverage of this outside area and such footage shall be subject of the same retention and provision conditions.
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 H.M. 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 refusal log shall be kept.
Staff Training
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.
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.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEXE 4 - PLAN OF THE PREMISES
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
10 August 2018.