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.
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.
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) CCTV is installed in the premises and shall comply with the Cheshire Constabulary Operational Guidelines for CCTV. (Document Dated April 2013).
2) Recorded CCTV images will be maintained and stored for a period of twenty-eight days.
3) Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer’s instructions and shall be operational at all times when a licensable activity is taking place on the premises.
4) A written record shall be kept of images that are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. The record shall identify the person responsible for the recording and shall be signed by him/her. Where the recording is on a removable medium (I.E. CD, Flash card etc.) a secure storage system to store those recording mediums shall be provided.
5) CCTV Images shall be made available to the police or an authorised officer on request for crim prevention/detection purposes. The Premises Licence Holder shall ensure that there are sufficient staff trained on the premises who can download CCTV images at the time of a request to maximise the effectiveness of any police enquiry to detect and prosecute offenders.
6) Only staff members, officers from Responsible authorities and persons carrying out maintenance/safety checks are permitted to be behind the counter, in the food preparation and storage areas. No customers to be allowed behind the counter at any time.
7) The Premises Licence Holder when employing staff will carry out checks on the person to ensure that they have the right to live and work in the UK, any concerns regarding a potential employee are to be brought to the attention of the appropriate authorities.
8) A written record shall be kept on the premises by the Premises Licence Holder of every person employed to work on the premises in a register for that purpose. That record shall contain the following details: date he/she began employment, and the date he/she left employment along with their name, address and date of birth.
9) All checks made and the outcome will be documented in an appropriate book or spreadsheet and this will be made available for inspection at the request of Local Authority Officers and Police.
10) The Premises Licence Holder/Designated Premises Supervisor shall keep a log of all incidents that occur on the premises while it is open for licensable activity.
11) The Premises Licence Holder or Designated Premises Supervsior shall ensure that no customers are allowed to enter the premises with any alcohol or other bottles, whether sealed or open, when the premises are being used for licensable activity (not including bone fide deliveries to the premises).
12) The Premises Licence Holder or Designated Premises Supervisor shall ensure that no customers are allowed to leave the premises with any alcohol or other bottles in an unsealed container, unless it has been re-corked or sealed before removal, when the premises are being used for licensable activity.
13) Any person who appears to be intoxicated shall not be served and shall be asked to leave the premises. Persistent offenders shall be barred from the premises.
14) A log book (hard copy) shall be kept detailing any customer refused alcohol to include:-
- Date, time & location of refusal;
- Reason for the refusal;
- Name of staff that refused the sale.
15) A written or printed list of persons authorised under the Designated Premises Supervsior to sell alcohol shall be kept on site and made available for inspection at the request of the Local Authority or the Police.
PUBLIC SAFETY
None.
THE PREVENTION OF PUBLIC NUISANCE
16) All doors and windows must be kept closed (except to allow ingress and exit) between 23.00 and 1.30am.
17) No music will be played within the premises and there will be no external speakers used outside.
18) Refuse will not be removed from the premises for disposal between the hours of 23.00 and 07.00am.
19) There will be placed immediately outside the entrance/exit to the premises one bin for customers to dispose of their waste.
20) At the end of every evening, a member of staff will ensure that any rubbish immediately outside the premises will be collected and disposed of appropriately.
21) There shall be placed at the entrance/exit notices requiring customers to leave the premises quickly and quietly.
THE PROTECTION OF CHILDREN FROM HARM
22) 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).
23) 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.
24) Publicity materials notifying customers of the operation of the 'Challenge 25' Scheme shall be displayed at the premises.
25) Conditions RE Delivery/Internet Orders for Alcohol
- Alcohol delivered to an address away from the licensed premises shall only be left with a person over the age of 18 years.
- The age of the purchaser is to be confirmed before the goods are handed over at the point of delivery
- Delivery drivers (or person making delivery) shall only accept, as proof of age, a valid passport, a valid photocard driving licence, a PASS approved card, HM Forces ID or other acceptable ID that has been approved by the Local Authority in the area where the alcohol is being delivered.
- A challenge 21 or 25 policy shall be operated by delivery drivers (or person making delivery).
- A written or digital record of refusals (to leave alcohol at given address) shall be kept on the delivery vehicle and maintained, recording the address, date, time and reason for the refusal.
- Alcohol may not be sold from the delivery vehicle.
- When the company uses a third party courier to deliver alcohol the courier must provide an age verification service or check ID at the time of delivery. The courier must not allow minors to sign for or accept deliveries. The DPS or Premise Licence Holder shall, at the request of an authorised Officer of the Local Authority or Police, produce full details of the couriers used and the system they use to verify age.
- Any customer seeking to purchase alcohol online will be required to verify that they are over 18 prior to placing an order. Such verification will notify the customer that it is a criminal offence to purchase alcohol if under 18 years of age.
26) 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.
27) The Premises Licence Holder or Designated Premises Supervisor shall conduct quarterly 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. As part of that training public safety needs to be addressed and documented for each member of staff. A written record shall be kept of the content of such reviews for each individual member of staff.
28) Notices advising adults that it is an offence to purchase alcohol for persons under 18 years old shall be displayed. (Exception are those alcoholic drinks that can be legally purchased and consumed with a meal).
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
21st Auguat 2023