ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 No supply of alcohol may be made under the premises licence:
(a) At any time when there is no designated premises supervisor in respect of the premises licence; or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 (a) 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.
(b) 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.
(c) 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 -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.4 The relevant person (“relevant person” means the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) 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.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “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; [“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994]
Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
Where the permitted price 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.
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.
1.5 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.6 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: 1/2 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.
1.7 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.
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).
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application. These will include, where required, existing expressed conditions and embedded restrictions contained within existing authorisations and enactments as specified by the Secretary of State, in accordance with Schedule 8 of the Licensing Act 2003:
2.1 Licensed activities shall be restricted to the areas as identified within the plans attached as Annex 4 to premises licence application. The drawing references are as below:
RHS-A Dining Hall
RHS-B Jellicoe Room
RHS-C Common Room/Library Block
RHS-D Assembly Hall
RHS-E Chapel
RHS-F Nelson House
RHS-G St.Vincent Green
RHS-N Howe Green
RHS-R Collingwood Green
RHS-O Terrace
RHS-P Viewing Platforms
RHS-S Cornwallis Green
RHS-H Social Club
RHS-I Parade Ground
RHS-J South Entrance
RHS-K Main Entrance
RHS-L Conference Room
RHS-M Music School
RHS-Q Heritage Cafe
Site Plan Playing Fields
2.2 All external doors and windows to rooms in the building in which amplified music/speech is played shall be kept shut during the licensed entertainment activity, save to permit emergency access to and egress from the building.
2.3 The premises licence holder shall adopt a ‘Challenge 25’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, UK photocard driving licence or PASS accredited photocard, where the individual requesting the supply of alcohol appears to be under the age of 25.
2.4 Notices shall be prominently displayed and maintained on the licensed premises advising of the maximum safe occupancy limit for the building. The capacity of persons on the premises shall be monitored and controlled to ensure compliance.
2.5 Lighting and emergency lighting shall be installed and maintained so as to ensure that good levels of visibility are maintained whilst the premises are being used for licensable activities.
2.6 The premises licence holder shall ensure that a robust hiring process and agreement is in place for third party hiring requests to include licensable activities, so as to ensure promotion of the licensing objectives.
2.7 The premises licence holder shall take all reasonable steps to minimise the risk of disturbance to local residents caused by events or attendees at the licensed premises.
2.8 During any performance or activity for children a ratio of at least one attendant for every fifty children present shall be maintained. Suitable and sufficient emergency evacuation procedures shall be in place and adequately communicated.
2.9 The premises licence holder shall implement robust hiring arrangements with all hirers, as well as for its own events, to ensure that hirers/users are clearly advised of the following, both in writing and through the relevant member of staff in control of bookings:
(a) Public safety measures;
(b) Emergency equipment and evacuation procedures;
(c) The need to ensure that attendees do not engage in any activities or conduct which may cause, or contribute towards, public nuisance or anti-social/disorderly behaviour;
(d) Contact telephone numbers for the relevant member of staff
(e) Premises licence terms, hours and conditions, and any limits on capacity (as may have been set under Fire Safety Regulations);
(f) Keeping exit routes clearly identified and free from obstruction or hazard; and
(g) That any fire doors are not wedged open, and that emergency lighting, exit signs and alarms are not tampered with or made inoperative whilst an event/hiring is in progress.
2.10 The School’s duty security person, or another responsible individual nominated by the premises licence holder, shall be available on the premises during all hiring’s of the premises for licensed activities.
2.11 The premises licence holder shall ensure that suitable and satisfactory public safety risk assessments are undertaken with outcomes to be legibly recorded in a log-book maintained for that purpose.
2.12 The premises licence holder shall ensure that notices detailing emergency evacuation procedures shall be prominently displayed and maintained on the licensed premises. Adequate arrangements shall be in place to ensure the safe evacuation of any disabled persons on the premises.
2.13 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
2.14 The premises licence holder shall maintain suitable and sufficient public liability insurance. A copy of the relevant certificate of insurance shall be held by the Bursar and be made available for inspection upon request of an authorised officer of the Local Authority or Responsible Authority.
2.15 An adequate supply of first aid materials shall be kept on the licensed premises.
2.16 A minimum of 2 (two) competent attendants shall be on duty at the licensed premises, in addition to the main hirer/user, throughout all hirings or events involving licensable activities so as to assist people entering and leaving the venue. No attendant used for this purpose shall be under 18 years of age. All persons on duty shall have been instructed in their responsibilities in the event of fire or other emergency situation, including attention to disabled persons, the location of the fire fighting equipment available, how to call the fire service and evacuation procedure including the location of the emergency evacuation assembly point in the car park.
2.17 The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises.
2.18 Staff on duty shall monitor the activity of patrons leaving the premises and remind them to act in a responsible manner where considered appropriate to do so. During licensable activities, School security staff will be on duty.
2.19 The premises licence holder shall comply with relevant Health and Safety legislation, the Regulatory Reform (Fire Safety) Order 2005 and, when necessary, Independent School Standards and Boarding Schools: National Minimum Standards.
2.20 The premises licence holder shall have in place a Child and Vulnerable Adult Policy which shall require all relevant volunteers to have been suitability vetted for criminal records and barring from working with children or vulnerable adults. Groups or clubs specifically for children shall have a specific Child and Vulnerable Adult Policy in place and observed. The Second Master is designated senior Child Protection and Welfare Officer.
2.21 No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises.
2.22 Internal and external lighting provided for the purpose of customer and staff safety and for the security of the premises shall be positioned so as to not cause nuisance to neighbouring or adjoining properties.
2.23 The premises licence holder shall ensure that volume levels from both live and recorded music are monitored by a responsible person throughout the duration of the activity. Monitoring shall take place both inside and outside of the licensed premises and due regard shall be had to whether the activity may lead to excessive noise at neighbouring properties. Appropriate remedial steps shall be taken in the event of any excessive noise levels being experienced.
2.24 The licence holder shall provide the Licensing Authority, and other relevant authorities, with a suitable and sufficient Event Management Plan (EMP) for each and every licensable event with an anticipated attendance of 500 or more persons on the licensed premises at any one time. The licence holder shall endeavour to provide a draft of the EMP to the Licensing Authority a minimum of 56 days in advance of the event.
2.25 The EMP shall take into account factors relevant to the promotion of the licensing objectives and be commensurate with the specific nature and scale of the event - to include noise control and public nuisance mitigation, traffic management/access routes, security/stewarding levels, capacity monitoring and control, first aid provision, fire and health and safety risk assessments etc.
2.26 Where the Licensing Authority or relevant authority is minded to make recommendations concerning the content of the EMP, in relation to promotion of the licensing objectives, then the licence holder and event organiser shall duly incorporate all reasonable revision requests into the document.
2.27 Plays to which the public may attend shall be limited to no more than 4 (four) occasions per calendar annum. Performances of plays shall be restricted to the Assembly Hall, Jellicoe Room or Music School indoors and Terrace, St. Vincent, Howe, Cornwallis, or Collingwood Greens outdoors. The premises licence holder shall ensure that any noise emanating from this activity shall remain at a reasonable level so as to not cause a public nuisance.
2.28 Films to which the public may attend shall be shown in the function rooms. Any films shown outdoors shall be between 1st May and 1st September only.
2.29 Any concerts or recitals organised by the School, or external hirers shall be limited to no more than 12 occasions per calendar year and shall be held in the Music School, Chapel or one of the function rooms.
2.30 Any concert or recital organised by the School, or external hirer if taking place in any outdoor area will be limited to 4 occasions per calendar year.
2.31 Plastic or toughened glasses shall be used for any events involving licensable activities in outdoor areas of the premises.
2.32 Sale and Supply of alcohol indoors shall only be as part of another regulated activity or at the Headmaster’s and Governors’ Reception.
2.33 Sale and Supply of alcohol outdoors shall only be as part of another regulated activity such as graduation ball, concert, sporting event or fete.
2.34 All regulated licensable activity conducted at the premises shall be undertaken in accordance with the school’s code of conduct (as may be revised from time to time) and duties/responsibilities under child protection legislation including (but not limited to) the National Minimum Standards set by the Department for Education and inspected by the Independent Schools Inspectorate.
2.35 The premises licence holder shall ensure that all members of staff are trained in the basic law relating to the sale/supply of alcohol.
2.36 The premises licence holder shall take all reasonable steps to ensure the safety of the public, performers, or employees whilst they are on the licensed premises.
2.37 All appliances and emergency lights shall be checked and serviced regularly and all portable electrical equipment shall be inspected and PAT tested annually.
2.38 Records of fire safety equipment checks shall be maintained by the Deputy Bursar (Operations) and made available upon request for inspection by the Suffolk Fire and Rescue Service.
2.39 Any such licensable activity which is not directly related to the School’s academic events, functions or curriculum, for example a commercial music concert or festival organised by external operators, shall not be authorised by the Premises Licence, and for such occasions, a separate, time-limited licence application would normally need to be made so as to ensure promotion of the licensing objectives.
2.40 Any outdoor event involving live or amplified music should be limited to more than 6 days per calendar year. note - with the exception of school naval activities/ceremonies involving marching, and marching band, which will not count towards this total as long as they are limited to being within school hours and no more than 90 minutes in duration.
2.41 All outdoor events involving live/amplified music or sound shall cease by 23.00hrs
2.42 During hours in which a licensed event is held, the event organiser or other nominated person shall be available to respond to complaints on a nominated telephone number which should be made available to the licensing authority 7 days in advance of the event.
2.43 The volume and sound configuration of music/sound shall remain under the direct control of the licence holder and shall be turned down or adjusted on the request of an officer of the Licensing Authority or Police, whether in person or via telephone
2.44 A noise management plan shall be produced and submitted to The LA 7 days prior to any outdoor event including live or amplified music/sound. The plan shall include details of noise control including stage/speaker orientation and arrangements for noise monitoring during events.