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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
THE PREVENTION OF CRIME AND DISORDER
1) 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.
2) Recorded CCTV images will be maintained and stored for a period of twenty-eight days.
3) A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show a Police officer or an authorised officer of the licensing authority data or footage upon request.
4) Designated supervisors will demonstrate that their CCTV system complies with their Operational requirements. They will be able to demonstrate the following:-
• Recordings are fit for their intended purpose,
• Good quality images are presented to the officer in a format that can be replayed on a standard computer,
• The supervisor has an understanding of the equipment/training,
• Management records are kept,
• Maintenance agreements and records are maintained,
• Data Protection principles and signage are in place.
PUBLIC SAFETY
5) The designated premises supervisor shall make arrangements to ensure so far as is reasonably practicable that no customers shall be permitted to remove from the Premises any open bottles, glasses or foodstuff for consumption or disposal outside the Premises.
6) Staff members will conduct regular walk throughs to monitor all areas to ensure that no problems arise.
7) Staff will regularly remove bottles, glasses and remove any breakages immediately to reduce risk of injury.
8) Appropriate and sufficient first aid provisions will be available at the premises at all times following the completion of a First Aid Needs Assessment.
9) The outside area will be clearly marked with barriers.
THE PREVENTION OF PUBLIC NUISANCE
10) All deliveries to the premises must be made via the entrance marked on the premises plan.
11) No deliveries may be made to the premises between 23:00 hours and 07:00 hours.
12) 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.
13) Notices shall be displayed internally at exits and also in key areas, requesting the public to respect the needs of local residents by keeping noise to a minimum when using the outside areas of the premises. All such signs must be in a permanent form, prominently placed and legible.
14) The use of any outside area shall cease at 00:00 (except for the purposes of access, egress and smoking).
15) The emptying of bins into skips, the removal of refuse from the building, and refuse collections will not take place between 11pm and 7am.
16) The organiser will submit a comprehensive Noise Management Plan for all external activities for approval prior to any event taking place.
17) The designated premises supervisor or their representative shall conduct regular assessments of the noise emanating from the premises, including the outside areas, 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 Officers of Warrington Borough Council or Cheshire Constabulary immediately upon request.
18) 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.
19) When there is any specific local event, the market management shall conduct an assessment of the need for door supervisors, taking into account any advice offered by the Police. Where the assessment shows that door supervision is required, supervisors shall be engaged at such times and ratios as are assessed to be necessary to control entry to the premises and to keep order when they are open for licensable activity.
20) When such Door supervision is employed:
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:-
· The door supervisor's 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
That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
21) The premises shall be a member of a Town Centre Radio link scheme where one is available.
Condition for when food stalls wish to also serve alcohol as ancillary to their food products.
22) Alcohol will only be supplied in conjunction with and ancillary to a food supplied by the vendor, where the food is their primary product for sale. Permission for such sales is to be sought from the Market Management prior to any events.
23) Alcohol sold for consumption on the premises shall only be consumed in a designated area of the premises.
Outside Area - Terrace
24) A small terrace area immediately outside the market building will be open daily, this will be clearly marked with barriers and staff will monitor the area to ensure that no open vessels are removed from this part of the premises.
25) The outside terrace area shall cease to be used for drinking and dining at 22:00 daily.
Outside Public area covered on the licence
26) When there is a specific event being held at the premises, the Management may choose to use some of the public area outside the building to extend the area available to customers to take drinks/food purchased on the premises to consume them.
27) When the public area is being used by the premises as a licensed area this is to be clearly marked out with barriers to define the area being used.
28) Staff will monitor the area to ensure that no open vessels are removed from this part of the premises.
29) Drinks that are to be consumed in the outside area shall be decanted into polycarbonate or plastic disposable vessels. No glass bottles shall be allowed in this area.
30) Alcohol for consumption off the premises shall only be sold in sealed containers.
31) No drinking from open bottles shall be permitted on the premises.
THE PROTECTION OF CHILDREN FROM HARM
32) We shall operate “Challenge 25” policy shall be operated at the premises at all times.
33) 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 an Officer of the Local Authority).
34) We shall display publicity materials notifying customers of the operation of the “Challenge 25” scheme at the premises.
35) Our Designated Premises Supervisor or Premises Licence Holder will operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which will be made available for inspection by Local Authority Officers and the Police. Our DPS or other responsible person will check and sign the register once a week.
36) A documented training programme will be introduced for all staff in a position to sell, serve or deliver alcohol. A written record for each member of staff will be kept of the content of such training and will be made available for inspection at the request of Local Authority Officers and Police.
37) The Designated Premises supervisor and 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 for each member of staff will be kept of the content of such reviews and will be made available for inspection at the request of Local Authority Officers and Police.
38) A list of persons authorised to sell alcohol will be kept on site and will made available for inspection at the request of Local Authority Officers and Police.
39) Notices advising adults that it is an offence to purchase alcohol on behalf of under 18 year olds will be prominently displayed in the licensed area.
40) The Designated Premises Supervisor shall provide all visiting outlets in a position to sell alcohol with the resources to enable them to comply with the above conditions relating to The Protection of Children from Harm.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEXE 4 - PREMISES PLAN
The plan of the premises forms part of the licence.
LRW-7460-Ground Floor Plan-13.01.20HJ
LRW-7460-Basement Floor Plan-13.01.20HJ
LRW-7460-Mezzanine Floor Plan-13.01.20HJ
ANNEXE 5 - DATE LICENCE FIRST GRANTED
20th April 2020.