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 Where one or more individuals are being used at the licensed premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority (unless where the individual is exempt from obtaining an SIA registration under the Private Security Industry Act 2001).
1.4 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).
1.5 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.6 (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.
1.7 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.
1.8 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 All licensed activities, including events and functions at the licensed site, shall be for the licence holders own business and activities only (including brewery visits by groups, including the local community). There shall be no non-brewery related third party hirings of the premises (whether in whole or part) permitted by the premises licence holder, management or any other person under the authority of premises licence BPL0435.
2.2 All off-sales of alcohol shall be provided in a sealed bottle or sealed container. No alcohol shall be made available for consumption beyond the perimeter of the licensed area in an opened vessel, bottle, glass or other container.
2.3 There shall be an alarm system in place to ensure the risk of crime and disorder is minimised.
2.4 All staff engaged in the sale of alcohol will be trained in Responsible Alcohol Retailing on commencing employment at the premises. This training can be administered in-house by the DPS. Training records shall be kept on the premises and produced to the Police/Local Authority on request. Training should be reviewed every 6 months to ensure that staff are up to date with the latest legislation and their training records endorsed accordingly.
2.5 An Incident log will be kept at the premises, recording all incidents and refusals of the sale of alcohol. It will be made available to an authorised officer of the Police or Council on request. It must be completed within 24 hours of the occurrence and must record: a) the date and time of occurrence, b) names of staff and persons involved (if known), c) details of all incidents, crimes reported, refusals of the sale of alcohol, ejections, seizures of drugs/weapons and/or the banning of customers, and d) any visits by relevant authorities or emergency services, and the purpose of the visit.
2.6 Public safety risk assessments shall be carried out in respect of all events or activities which include a licensable element. Risk assessments shall be recorded and reviewed regularly (not less than every twelve months). Suitable and sufficient risk assessments shall be conducted, with any risk mitigation measures to be implemented, prior to the admission of the public.
2.7 The site shall be supervised and monitored to ensure that the public can not gain unauthorised or unsupervised access to restricted areas, machinery, other site hazards or alcohol storage areas. Vehicular access, including delivery/despatch as well as customer and visitor access or egress, shall be suitably and sufficiently managed by the premises licence holder to minimise any risk to public safety, and this shall include management of any areas being used by supervised children.
2.8 There shall be not more than 26 (twenty-six) amplified music events held in outdoor areas per calendar annum, and shall be limited to the area marked ‘outdoor seating area’ on the plan attached as Annex 4. A legible record shall be maintained by the premises licence holder on site to log outdoor music event dates and times, and this shall be made available to an authorised officer of the Licensing Authority upon request.
2.9 All outdoor events or activities including amplified music shall be subject to preparation of a Noise Management Plan to reduce the risk of causing public nuisance. Larger outdoor public events (for an anticipated audience of 500 or more persons) shall have a suitable Event Management Plan prepared, which shall be made available upon request to an authorised officer of the Licensing Authority or Responsible Authority.
2.10 Events including an amplified live or recorded music element, beyond normal brewery or visitor centre operation, shall be communicated by the premises licence holder to neighbouring properties, controllers of the Long Melford Country Park (Rodbridge Corner), parish council and Licensing Authority no later than 7 days prior to the event commencement.
2.11 Signage shall be prominently displayed and maintained on the site to request that customers and visitors leaving the site do so with consideration to the needs of neighbouring properties.
2.12 Unaccompanied children shall not be permitted on site. All children or young persons under 18 must be accompanied by a responsible adult whilst they are on the site.
2.13 Internet or mail order off-sales shall be subject to a suitable age verification process, and this shall include at the point of delivery.
2.14 A Challenge 25 policy will be implemented requiring all customers who appear to be under the age of 25 to produce photographic identification in the form of a passport, driving licence or proof of age scheme (PASS) approved identification, before alcohol can be supplied or sold to them. All staff will be instructed, through training, that alcohol cannot be supplied or sold unless valid identification is produced. The premises licence holder shall ensure that notices are prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises.
2.15 The premises shall install and maintain a comprehensive CCTV system. CCTV will cover all public areas where licensable activities take place, including entry and exit points. The CCTV system shall continually record whilst the premises is open for licensable activities and when customers remain on the premises. All recordings shall be stored for a minimum period of 28 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or an Authorised Officer. A staff member who is conversant with the operation of the CCTV system shall always be present when the premises are open to the public. This staff member will be able to show recordings to Police or an Authorised Officer with minimum delay when requested and be able to download relevant footage onto a disc or memory stick, which can be played back on a computer or other digital retrieval system, within 24 hours of a request for download. The CCTV system will be regularly checked to ensure that it is functioning correctly.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable