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 CCTV system should be designed and installed in accordance with Cheshire Constabulary’s CCTV guidance document called 'CCTV in Licensed Premises - an Operational Requirement'.
2) CCTV cameras will be positioned both internally on the 2nd floor and externally covering the outside terrace area.
3) Any person employed to have operational responsibility for the premises, must be trained in the use of any such CCTV equipment. Those person(s) must, upon reasonable verbal request and as soon as practicable, make CCTV images available to be viewed on the premises by a Police Officer or other Authorised Officer. The verbal request must be followed up within 24 hours of viewing the footage with a formal written request to be submitted to the Premises Licence Holder. Any requests for hard copies of CCTV footage must be in writing to the Premises Licence Holder and footage will be supplied within 48 hours of the request being made.
4) CCTV equipment 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 takes place on the premises.
5) Where CCTV is recorded on to a hard drive system, when images or footage are recorded to a CD/DVD, USB Stick or other storage media, the data will be produced in a format so that it can be played back on a standard PC.
6) The images recorded by the CCTV system shall be retained in an unedited format for a period of not less than 28 days.
7) The Premises Licence Holder shall ensure that all duty managers, the PLH themselves and the DPS are trained on the full usage, including the downloading of images, of the CCTV system.
8) The Premises Licence Holder shall be an active member of the Town Centre Radio Link scheme. At all times the premises are open to members of the public.
9) The requirement for door supervisors shall be determined by either the Premises Licence Holder or the Designated Premises Supervisor following a full risk assessment for the premises that shall be assessed on a dynamic basis, taking into account any advice offered by the Police.
10) Where the assessment shows that door supervisors are required, supervisors shall be engaged at such times and ratios as are assessed to be necessary.
11) Door supervisors must be employed through an SIA approved Security Company/Provider.
a. Where any person is employed on or about the Premises as a Door Supervisor the Premises Licence Holder shall maintain a register in hard copy format showing in respect of each period of duty of that person:-
i. The name, date of birth, badge or licence number and residential address of that person;
ii. The time at which they commenced the period of duty, with a signed acknowledgement by that person;
iii. The time at which they finished the period of duty, with a signed acknowledgement by that person;
iv. Any time during the period of duty when they were not on duty; and
v. If that person is not an employee of the Premises Licence Holder, the name of the person by whom that person is employed, or through whom the services of that person were engaged.
b. The register if in hard copy shall be of hardback construction with consecutive numbered pages.
c. The register shall be kept on the premises at all times and shall be available for inspection upon request by an authorised officer of the Licensing Authority or a Police Officer.
d. Door Supervisors shall be required to wear a reflective waistcoat that shall;-
i. Be a specified colour;
ii. Have the approved wording 'SECURITY' on the front and rear; and
iii. Have a clear plastic pocket to display the SIA badge securely in a prominent position.
e. Door Supervisors employed at the premises may only be provided by a company which is currently validated by the Security Industry Authority (SIA) 'Approved Contractor Scheme'.
12) The Premises Licence Holder or Designated Premises Supervisor 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).
13) Any person who appears to be intoxicated shall not be served and shall be asked to leave. 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) 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.
16) A written or printed list of persons authorised under the Designated Premises Supervisor to sell alcohol shall be kept on site and made available for inspection at the request of the Local Authority or the Police.
17) The Premises Licence Holder and Designated Premises Supervisor shall keep a log of all incidents that occur on the premises when it is open to members of the public. All instances of crime and/or disorder shall be reported to a member of Cheshire Constabulary as soon as is practicable.
18) All orders for both food and drink will be taken by a waiter or waitress with customers seated at their tables.
19) The Premises Licence Holder or Designated Premises Supervisor shall be responsible for ensuring there is a written policy to assist in the safe and quiet dispersal of customers at the end of permitted licensing hours.
PUBLIC SAFETY
20) The Premises Licence Holder or Designated Premises Supervisor will ensure that a First Aid box is available on the premises at all times it is open to members of the public.
21) The Premises Licence Holder or Designated Premises Supervisor will ensure that an appropriate Fire Risk Assessment is carried out and kept up to date before the premises opens to members of the public.
THE PREVENTION OF PUBLIC NUISANCE
2nd Floor
22) All doors & windows must be kept closed (except to allow ingress & exit) when any amplified music or voices, including live or recorded music are being played within the premises.
23) No external speakers shall be permitted.
Terrace Area
24) The use of any microphones by DJ’s will be prohibited save for on New Year’s Eve and to announce any potential emergency situation(s).
25) Any music, whether it be recorded or live, shall only be played through existing speaker system that is present at the premises. No use of any other amplification devices will be used.
Whole Premises
26) Prominent, clear & legible notices shall be displayed requesting the public to respect the needs of local residents by keeping noise to a minimum and leave the premises quicky and quietly when leaving the premises.
27) The emptying of bins into skips, the removal of refuse from the building and refuse collections will not take place between 11pm and 7am each day.
28) The Designated Premises Supervisor, Premises Licence Holder or their representative shall conduct regular assessments of the noise emanating from the premises and shall take steps to reduce the level of noise were it is likely to cause disturbance to local residents.
29) 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.
30) Noise or vibration from amplified music, or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
THE PROTECTION OF CHILDREN FROM HARM
31) 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).
32) Publicity materials notifying customers of the operation of the 'Challenge 25' scheme shall be displayed at the premises.
33) 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 or other relevant authority. Alternatively, an electronic point of sale refusal log shall be kept.
34) 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.
35) The Premises Licence Holder or Designated Premises Supervisor shall conduct 6 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 shall be kept of the content of such reviews for each individual member of staff.
36) Notices advising adults that 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
16th October 2023.