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 installed and maintained at the premises which provides coverage of all areas to which the public have access ( excluding the toilets ).
2) The CCTV system shall be in operation at all times during which the premises are open to the public.
3) CCTV footage shall be retained for at least 28 days and made available on request to the Police or an authorised officer of the Local Authority in an easily downloadable format.
4) A member of staff shall always be in attendance at the premises when open to the public who can facilitate viewing of CCTV footage on request from the Police or an authorised officer of the Local Authority.
5) All relevant staff shall receive training in their responsibilities under the Licensing Act 2003.
6) Staff training shall be recorded and such records made available on request to the Police or an authorised officer of the Local Authority. Refresher training shall be given at 6 monthly intervals.
7) Containers of alcohol shall not be knowingly permitted to be taken beyond the boundary of the external area.
8) An incident log shall be maintained at the premises and all incidents of crime and disorder reported to the premises, and any refusal of sale, shall be recorded.
9) The incident log shall be made available for inspection by the Police or to an authorised officer of the Local Authority on request. Information recorded in the incident log shall be kept for a minimum of 12 months.
10) The Premises Licence Holder shall participate in the Town Link Radio Scheme. The radio shall be operational at all times that the premises are open to the public.
11) A list of persons employed at the premises and who are authorised to sell alcohol shall be retained and made available for inspection by an authorised Officer of the Licensing Authority or the Police.
PUBLIC SAFETY
None.
THE PREVENTION OF PUBLIC NUISANCE
12) The Premises shall operate primarily as a restaurant.
13) Except for the area immediately surrounding the servery, seating shall be available for all patrons.
14) Except for the area immediately surrounding the servery, sale of alcohol be facilitated by waiter/waitress service only.
15) The external seating areas shall be supervised by a member of staff at all times when in use.
16) Suitable receptacles shall be provided for smokers to dispose of cigarette butts.
17) Clear and legible signs shall be displayed at all public exits requesting that customers leave the premises quietly.
18) Noise or vibration from amplified music, or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
19) Background music only permitted in the external areas.
20) Notices will be positioned at the exits to the building requesting customers to leave in a quiet manner.
21) When music is played, the designated premises supervisor 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 Officers of Warrington Borough Council or Cheshire Constabulary immediately upon request.
22) Doors (except to allow access and egress) and windows at the premises are to remain closed when recorded or live music is playing.
23) A Dispersal and Smoking Policy will be implemented and adhered to.
24) The exterior of the building shall be cleared of litter at regular intervals.
25) The emptying of bins into skips, the removal of refuse from the building, and refuse collections will not take place between 11pm and 7am.
THE PROTECTION OF CHILDREN FROM HARM
26) The Premises Licence Holder shall implement a Challenge 25 Proof of Age Scheme and shall require that any person wishing to purchase alcohol who appears to be under the age of 25 shall be required to provide suitable identification which shall include a photo driving licence or passport, accredited proof of age PASS card, Military ID or any other form of identification from time to time approved by the Secretary of State.
27) All children must be accompanied by an appropriate adult.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PREMISES PLAN
The plan of the premises forms part of the licence. Drawing Number L1.0, dated 11th May 2022.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
21st June 2022.