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 AND DISORDER
1) When the premises are open beyond midnight or when there is any specific local event, the Premises Licence Holder or Designated Premises Supervisor 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.
2) 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
3) That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.
4) Alcohol will only be supplied in conjunction with and ancillary to a seated table meal and must be supplied by means of waiter/waitress service only.
5) Where alcohol is being sold for consumption off the premises, this shall only to be supplied ancillary to a take away meal.
6) The Premises Licence Holder or Designated Premises Supervisor shall provide a means of two way communication to report incidents between the premises and the local Police or CCTV monitoring centre.
7) A CCTV system shall be in operarion inside/outside the premises and ensure that it is maintained in working order.
8) The CCTV system shall be in operation at all times when the premises are open to the public.
9) Any CCTV covering the exterior of the premises shall record for the duration of the tape and for a period not less than 24 hours a day.
10) Monitoring tapes shall be retained for at least twenty eight days and produced to an Authorised Officer on demand.
11) Notices shall be displayed advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.
PUBLIC SAFETY
12) Where glass bottles are used, they will be retained or disposed of on the premises.
13) No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses.
14) The consumption of alcohol shall be restricted to the areas identified on the plan attached to the operating schedule.
15) A secure deposit box shall be kept on the premises for the retention of confiscated items and that the Police are advised of any items which require safe disposal.
16) The Premises Licence Holder or Designated Premises Supervisor shall be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises.
17) Lighting shall be provided outside the premises (and private car park) during the hours of darkness when any licensable activity takes place on the premises.
18) Safety checks shall be carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.
19) The Premises Licence Holder or Designated Premises Supervisor shall ensure that temporary decorations are not used without prior notification to the licensing authority/fire authority.
20) At least 1 trained first aider will be on duty when the premises are open to the public.
21) Emergency lighting shall not be altered without prior notification from the Licensing Authority.
THE PREVENTION OF PUBLIC NUISANCE
22) 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.
23) Ensure that public information notices about crime and disorder issues are displayed at the request of the Council or the local Constabulary. (e.g. Customer Code of Conduct)
24) Any conditions of entry to the premises shall be displayed in the vicinity of any entrance to the premises.
25) The disposal of bottles into receptacles outside the premises shall take place at times that will minimise disturbance to nearby properties.
26) Prominent, clear and legible notices shall be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
27) Ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
28) Waste receptacles shall be emptied regularly to minimise nuisance smells.
29) Ensure flashing or bright lights on or outside the licensed premises do not cause a nuisance to nearby properties.
30) Provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site.
31) Ensure that receptacles for refuse storage are maintained in a clean condition.
32) Ensure litter is regularly cleared from the vicinity of the premises.
THE PROTECTION OF CHILDREN FROM HARM
33) A 'Challenge 25' policy shall be operated at the premises at all times
34) 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)
35) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premise.
36) 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 Designated Premises Supervisor or other responsible person shall check and sign the register once a week. Alternatively an electronic point of sale refusals log shall be kept.
37) 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.
38) The Designated Premises Supervisor 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.
39) A list of persons authorised to sell alcohol shall be kept on site and made available for inspection at the request of Local Authority Officers and Police.
40) Any restrictions on the admittance of individuals according to age (e.g. Children) shall be displayed on or immediately outside the premises.
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.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
7th January 2022.