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) The premises are to operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business in accordance with the most recent Cheshire Constabulary CCTV Guidance.
2) A minimum of 16 cameras will be operational at all times the premises is open to the public including all public communal areas, entrances and exits and 2 external cameras.
3) The recording medium (e.g. disks / tapes / hard drive, etc.) and associated images are to be retained and securely stored for a minimum period of 31 days and are to be made available to the police / authorised officers of the Licensing Authority upon request.
4) The Premises Licence Holder or designated premises supervisor is to provide the police with the contact details of at least one other member of staff (or other person(s) who is trained and familiar with the operation of the equipment so that, at the expense of the premises licence holder, they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data upon request and within no more than 24 hours from the time of the request.
5) The Premises Licence Holder / Designated Premises Supervisor must notify the licensing office or the Police in the event of CCTV breakdown as soon as is reasonably practicable and in any event within 24 hours.
6) In the case of a breakdown or malfunction the Premises Licence Holder/Designated Premises Supervisor shall make sure that the CCTV is in working order as soon as practicable
7) A written delegation of authority record will be kept at the premises whereby non personal licence holders are authorised to make sales on behalf of a personal licence holder.
8) Staff training shall take place on the Licensing Act and Licensing objectives upon commencement of employment and every six months thereafter, a written record of this training is to be maintained and made available to the police and any authorised officer of the Council for inspection on request.
9) The Designated Premises Supervisor/personal licence holder will be available/contactable at all times that alcohol is on sale.
10) The Premises Licence Holder shall participate in the latest Town Watch Radio scheme, Drink Less Enjoy More and Ask Angela campaign (when in use).
11) Non alcoholic beverages shall be available at all times the premises are open.
12) The premises Licence Holder will maintain a Dispersal Policy at all times the premises are open to the satisfaction of Cheshire Constabulary.
13) Only shatterproof glass or splinter proof plastic pint/half pint glasses to be in use at any time.
14) An incident book/register shall be maintained to record:
i. All incidents of crime and disorder occurring at the premises.
ii. Details of occasions when the police are called to the premises.
15) This book/register shall be made available for inspection by a police officer or other authorised officer on request.
16) The premises shall have a designated smoking area which must be covered by CCTV.
17) Door supervision must be provided on Fridays and Saturdays.
18) A minimum of 2 door supervisor must be on duty from 20.00 and must remain on duty until the premises are closed and all the customers have left.
19) At times outside of the above condition, door supervisors shall be employed by the premises based upon a risk assessment carried out in relation to the following factors:
- Expected attendance
- Type of event taking place
- Time of year
- Special occasion (New Year, Halloween, Local events etc.)
20) When Door Supervisors are employed, they shall wear high viz clothing/jacket, waistcoat or overcoat.
21) There shall be a register (not loose leaf) recording the times they book on and off duty together with their full SIA badge number and a signature.
22) There shall be a nominal register recording the full details of each Door Supervisor employed including their full address and a contact number.
23) Where they are employed by an agency, the details of that agency shall be recorded.
24) The records shall be kept for a minimum of 12 months after completion and made available for examination on request by either a Police Officer or warranted Council Officer.
25) The premises shall operate a drugs policy at all times the premises are open. Any suspicious substances are to be kept in a secure location at the premises and reported to the police.
PUBLIC SAFETY
None.
THE PREVENTION OF PUBLIC NUISANCE
26) Management and staff are to use their best endeavours to prevent persons loitering outside the premises and to ensure that persons refused entry or ejected are asked to leave the vicinity of the premises.
27) 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.
28) 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.
29) Prominent, clear and legible notices must be displayed at all exits requesting that customers respect the needs of local residents and to leave the premises and area quietly.
30) No external speakers shall be used outside the front of the building.
31) All Refuse shall not be permitted to be removed between the hours of 23.00 and 07.00.
32) Deliveries of goods will only be permitted between the hours of 07.00 and 19.00.
33) All Doors and windows must be kept closed (except to allow access and egress) when any live or recorded music is being played within the premises
THE PROTECTION OF CHILDREN FROM HARM
34) The premises will operate a 'Challenge 21' proof of age policy, and signage to this effect is to be prominently displayed within the premises.
35) Persons who appear to be under the age of 21 must produce for thorough scrutiny by staff, proof of identity/age before being sold/supplied alcohol.
36) 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.
37) The only forms 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)
38) The premises is to maintain a refusals to record the details of incidents/descriptions of individuals whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18 and record the circumstances of any incident. The book must be made available to the Police/Authorised Officers of the Licensing Authority on request.
39) The Designated Premises Supervisor or Premises Licence Holder shall conduct six monthly 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 shall be kept of the content of such reviews.
40) No unaccompanied persons under the age of 16 will be admitted to the premises at any time.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PREMISES PLANS
The plan of the premises forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
12th October 2023.