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 There shall be no more than twelve (12) licensable regulated entertainment events/activities for amplified music (whether live or recorded) or dancing or plays per calendar annum.
2.2 For (non-Market Day related) special events involving licensable activities, the event organiser shall create and implement an Event Management Plan (EMP) and a Noise Management Plan (NMP) to promote the licensing objectives. Latest versions of the EMP/NMP shall be sent by the licence holder to the Licensing Authority no later than 7 (seven) days prior to the first day of the event. Any proposed revisions to the EMP or NMP shall be notified in writing to the Licensing Authority before the plan is updated. A copy of the EMP, NMP and any linked documentation shall be kept at the Event Control for the duration of the event. A layout plan of the event activity will be provided as part of the EMP for such occasions.
2.3 Market Day trading activity shall be under the operation of the Babergh District Council ‘Market Regulations’ document (as may be revised from time-to-time) and requires traders to adhere to measures which serve to promote licensing objectives.
2.4 For activities involving the sale or supply of alcohol the event organiser/stallholder shall conduct suitable and sufficient risk assessments and ensure that staff and stewards monitor and supervise that activity and are vigilant to prevent underage sales, indications of underage drinking, street drinking in prohibited areas or excessive consumption of alcohol.
2.5 The premises licence holder shall advise all hirers of the Market Place to comply with terms and conditions of this premises licence, to ensure promotion of the licensing objectives, and shall recommend that all event organisers reference the Health and Safety Executive (HSE) guidance document HSG195 ‘The Event Safety Guide’ (or any equivalent replacement thereof) for outdoor public events.
2.6 The event organiser/premises user shall ensure that suitable and sufficient public safety risk assessments shall be conducted and documented for each and every licensable event and made immediately available to responsible authorities upon request.
2.7 The event organiser/premises user for events involving licensable activities under authority of the premises licence (if granted) shall ensure that suitable and sufficient public liability insurance is maintained in force covering use of the licensed premises and that a copy of the schedule is made available for inspection by an authorised officer upon request.
2.8 The following additional conditions apply in relation to any licensed music event:
(i) During operating hours on days on which a licensed event is held, the event organiser/premises user, or other responsible person nominated by the event organiser/premises user, shall be available to receive and respond to nuisance-related complaints. A contact number shall be made readily available for that purpose.
(ii) The volume or sound configuration of amplified music shall be turned down or adjusted upon the reasonable request (either in person or over the telephone) of an authorised officer of the Licensing Authority or a Police Officer.
2.9 All staging, marquees or temporary structures used at the licensed venue shall have suitable and sufficient risk assessments carried out and shall be erected, maintained and supervised by competent, and appropriately qualified where necessary, persons. Such persons shall (if so requested) be able to demonstrate to responsible authorities that they have the relevant credentials to safely install and operate such structures
2.10 Any impromptu, unscheduled or unauthorised entertainments, performances or activities that occur which may give rise to child protection concerns shall be immediately closed and any unauthorised performers or participants shall be required to leave the site. The Police shall be promptly called to any such activities where criminal or disorderly behaviour or conduct has or is about to take place.
2.11 The event organiser/premises user/stallholder shall be notified by the premises licence holder to adopt a ‘Challenge 25’ proof of age scheme. The event organiser/premises user/stallholder 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 25 (twenty-five). Furthermore ‘Challenge 25’ signage shall be displayed to alert customers to the operation of the scheme.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable
ANNEX 4 - PLANS
Attached. More detailed plans/siteplan for specific licensable events may form part of Event Management Plan submissions.