A. By virtue of section 145 of the Licensing Act 2003
(i) Children under the age of 16, that are not accompanied by an individual aged 18 or over, are not permitted to be on the premises at a time whilst the premises is open and being used exclusively or primarily for the supply of alcohol for consumption on the premises.
(ii) Children under the age of 16, that are not accompanied by an individual aged 18 or over, are not permitted to be on the premises between the hours of midnight and 5am whilst the premises is open and being used for purposes including the supply of alcohol for consumption on the premises.
B. By virtue of condition 2.3 of premises licence BPL0422
(i) Persons under the age of 18 shall only be permitted on the premises if they are accompanied by, and under the supervision of, an adult until 18:00 hrs after which time persons under the age of 18 shall not be permitted.
ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Alcohol shall not be sold or supplied:
(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 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).
1.4 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.5 (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.
1.6 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: 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.
1.7 The relevant person (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]
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:
2.1 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.
2.2 The premises licence holder shall adopt a ‘Challenge 21’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 21 (twenty-one). Furthermore ‘Challenge 21’ signage shall be displayed to alert customers to the operation of the scheme.
2.3 Persons under the age of 18 shall only be permitted on the licensed premises if they are accompanied by, and under the supervision of, an adult until 18:00 hrs after which time persons under the age of 18 shall not be permitted.
2.4 The premises licence holder shall operate a zero tolerance policy in relation to illegal drugs being possessed, used or dealt on the licensed premises, and shall display notices at the premises to that effect.
2.5 Notices shall be prominently displayed and maintained on the licensed premises relating to information regarding relevant strength/units of alcohol and alcohol awareness to deter irresponsible levels of intoxication. Notices shall also be displayed and maintained concerning prevention of drink-driving and promotion of licensed taxi/local public transport services.
2.6 There shall be notices displayed and maintained at all exit points (including in the garden area) requesting patrons keep noise levels to a minimum so as to not cause a nuisance to occupiers of neighbouring properties on dispersal.
2.7 The Premises Licence Holder shall ensure that an incident and refusals register shall be kept and maintained on the premises at all times. The register shall detail all incidents of injury/ejection/refusal/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to the police or authorised officer of the Licensing Authority upon demand with records retained for a minimum of 6 months from the final entry date.
2.8 The premises licence holder shall operate and maintain an adequate CCTV system at the licensed premises which shall operate at all times whilst licensable activities are taking place. Recordings shall be retained for a period of 28 days and made available to the Police or Licensing Authority for inspection upon request, subject to compliance with Data Protection legislation.
2.9 There shall be no provision of television entertainment and or playing of music in the outdoor areas of the premises after 23:00 hrs
2.10 There shall be no patrons permitted to use the outside areas other than for smoking after 23:00 hrs. For the avoidance of doubt no drinking vessels shall be permitted to be taken into the outside area after 23:00 hrs.
2.11 The premises licence holder shall ensure that any deliveries or waste collection takes place at the premises between the hours of 07:00 to 22:00 hrs.
2.12 The premises licence holder shall ensure that all relevant members of staff shall receive suitable and sufficient training to ensure the promotion of the licensing objectives.
2.13 There shall be regular public safety risk assessments undertaken at the premises which shall be recorded and maintained in a log book.
2.14 Staff shall receive suitable training in accordance with the premises licence holder’s procedures in relation to relevant public safety and First Aid with a log book detailing the checks carried out to be maintained at the premises.
2.15 The maximum capacity of the building for licensable activities shall be limited to not more than 40 persons, or any lesser maximum capacity as set under the relevant fire safety regulations or by the local Fire Safety Officer.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable