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 (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]
1.5 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.
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably 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).
1.8 Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
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 The designated premises supervisor shall undertake an appropriate risk assessment on an ongoing basis to determine whether door supervisors are required.
2.2 Patrons shall not be permitted to leave the licensed premises whilst carrying open containers, save for external consumption areas identified on the licensed plan.
2.3 All staff shall receive suitable training in relation to promotion of the licensing objectives, including the premises licence holder’s policies and practices, licensing offences and social responsibility in respect of alcohol sales.
2.4 The premises licence holder shall adopt a zero tolerance drugs policy to prevent and deter any use of drugs or other banned substances on the licensed premises. Staff shall be diligent to monitor for signs of, and to prevent, drug taking.
2.5 The premises licence holder will ensure that a secure deposit box is kept on the premises for the retention of confiscated items of prohibited substances and must ensure that the Police are advised on any items which require safe disposal.
2.6 The designated premises supervisor shall undertake an appropriate risk assessment to determine whether it is appropriate to use polycarbonate/plastic containers.
2.7 The licence holder or their nominated representative shall liaise with the local Police relating to any crime and disorder issues.
2.8 A CCTV system shall be installed and maintained on the licensed premises. Cameras shall include coverage of the main entrance/exit of the licensed premises. Recordings shall be accurately timed and dated and shall be retained for a minimum period of 31 days. It should be noted that any retention, use or disclosure of personal information caught on CCTV must be carried out in line with the data protection principles which shall override any conflicting element of this condition.
2.9 The Premises Licence Holder or his nominated representative shall ensure that any spillages or breakages in public areas are promptly cleared and this shall include checking of external areas.
2.10 The premises licence holder or designated premises supervisor shall make sure that all escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
2.11 Notices shall be prominently displayed and maintained at exit points from the licensed premises alerting patrons of the need to leave the premises and the area quietly and to avoid disturbance to neighbouring properties.
2.12 The premises licence holder shall take all reasonable steps and precautions to minimise the risk of disturbance or nuisance to local residents caused by events or attendees at the licensed premises.
2.13 The premises licence holder shall ensure that staff on duty suitably and sufficiently supervise and monitor customers present on the licensed premises during licensable activities. Staff on duty shall assist with a managed departure of patrons at closing time, encouraging an orderly dispersal and alerting patrons of the need to respect neighbouring properties.
2.14 A list of local licensed taxi/private hire operator numbers shall also be displayed at any point of exit/entrance.
2.15 Children under the age of 16 shall not be permitted to enter the licensed premises after 21:00 hours on any occasion, unless they are accompanied by a person aged 18 years or over and partaking in a table meal or attending a pre-booked function.
2.16 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.
2.17 Information from the Premises Licence holder’s policies on children shall be communicated by either notice prominently displayed on the licensed premises or via appropriate communication from staff.
2.18 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.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable