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 and shall be produced to the Police or Licensing Authority upon request.
3) Designated supervisors will need to demonstrate that their CCTV system complies with their
Operational requirements and that the CCTV complies with 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.
Where the premises have an outside area such as beer garden or pavement café:
4) All outside furniture shall be removed and stored away by 22:00hrs each day.
5) Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables within an area owned or leased by the premises, or within an area licensed by a pavement licence under s115E of the Highways Act 1980.
6) The Licensee shall make arrangements to ensure no customers shall be permitted to remove from the Premises any open bottles, glasses or foodstuff for consumption or disposal outside the Premises.
7) The designated premises supervisor shall ensure that tables are cleared of all bottles and glasses [on a regular basis][at least once every 60 minutes] during trading hours to avoid an accumulation of glassware.
8) All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
Where the premises have an outside area such as beer garden or pavement café:
The outside area shall be clearly marked and roped off by means of ropes/posts or some other substantial means,
Only polycarbonate or plastic disposable vessels and bottles will be used in the outside area. All drinks in glass bottles must be decanted into such vessels before being allowed into this area.
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.
Staff members will conduct regular walkthroughs to monitor all areas to ensure that no problems arise.
Appropriate and sufficient first aid provisions will be available at the premises at all times.
Regular safety checks shall be carried out by staff.
PUBLIC SAFETY
9) The maximum number of persons allowed in the premises shall be 35.
10) A person who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if required to do so, give that information to an authorised person.
Alcohol will only be supplied in conjunction with and ancillary to a seated substantial table meal and must be supplied by means of waiter/waitress service only.
Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises during the periods when alcohol is authorised for sale. Note: there is no definition of substantial but provided food by way of table service would be appropriate.
Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.
The premises shall maintain an Incident Log and this will be made available to the Police or Licensing Authority upon request.
Safety Checks
A suitably trained and competent person must ensure regular safety checks of the premises including means of escape, decorative and functional fixtures, floor surfaces and equipment (including electrical appliances to which the public may come into contact are undertaken. Records of these safety checks must be kept and made available for inspection by an authorised officer.
Evacuation of Disabled Persons
The Premises Licence holder / Designated Premises Supervisor must develop and operate a policy which ensures the safe evacuation of disabled people in the event of an emergency. All staff shall be made aware of these arrangements.
First Aid
There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
The premises licence holder shall develop and operate a procedure for dealing with unwell members of the public including those who appear to be affected by alcohol and drugs. Staff will be appropriately trained in such procedures.
Access for Emergency Vehicles
Before opening to the public, checks will be undertaken to ensure that all access to the premises are clear for emergency vehicles. Regular checks will be undertaken by the Premises Licence holder / Designated Premises Supervisor when the premises are open to the public.
Capacity
The maximum number of persons allowed in the premises shall be 35.
A person who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if required to do so, give that information to an authorised person.
Temporary Electrical Installations
Temporary electrical wiring and distribution systems shall not be provided without notification to the licensing authority at least ten working days before commencement of the work and / or prior inspection by a suitable qualified electrician.
THE PREVENTION OF PUBLIC NUISANCE
11) No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
12) No external speakers shall be permitted.
13) Notices will be positioned at the exits to the building requesting customers to leave in a quiet manner.
14) The Premises Licence holder / Designated Premises Supervisor will ensure that any food waste and other litter in the public area immediately surrounding the premises, arising from people using the premises, is cleared away at the end of trading on each day.
15) Refuse, including bottles shall not be removed from the building for disposal between the hours of 23.00 and 07.00.
The public area immediately surrounding the premises shall be cleared of waste food, food containers, wrapping etc. at the end of trading on each day. Such refuse shall be placed in a container designed for the storage and disposal of refuse and waste foods.
The Premises Licence holder / Designated Premises Supervisor will ensure that litter arising from people using the premises is cleared away daily and that promotional materials such as flyers do not create litter.
Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
THE PROTECTION OF CHILDREN FROM HARM
16) A 'Challenge 25' policy shall be operated at the premises at all times.
17) 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)
18) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
19) 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. The DPS or other responsible person shall check and sign the register once a week. Alternatively an electronic point of sale refusals log shall be kept.
20) A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. A written record for each member of staff shall be kept of the content of such training and shall be made available for inspection at the request of Local Authority Officers and Police.
21) 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 for each member of staff shall be kept of the content of such reviews and shall be made available for inspection at the request of Local Authority Officers and Police.
22) A list of persons authorised to sell alcohol shall be kept on site (electronic or hard copy) and made available for inspection at the request of Local Authority Officers and Police.
23) Notices advising that it is an offence to buy alcohol for under 18s shall be prominently displayed on the premise.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING 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
10th August 2020.