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 The premises licence holder shall implement robust hiring arrangements with all hirers, as well as for its own management committee functions, to ensure that hirers/users are clearly advised of the following, both in writing and through the booking secretary:
() Public safety measures;
() Emergency equipment and evacuation procedures;
() 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;
() Contact telephone numbers for committee members and the caretaker;
() Premises licence terms, hours and conditions, and any limits on capacity (as may have been set under Fire Safety Regulations);
() Keeping exit routes clearly identified and free from obstruction or hazard; and
() 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.
2.2 The premises licence holder shall ensure that all hirers are clearly advised that it is an offence to supply alcohol to a person who is drunk.
2.3 Plastic or toughened glasses shall be used for any events involving licensable activities in outdoor areas of the premises.
2.4 The premises licence holder shall ensure that suitable and satisfactory public safety risk assessments are undertaken with outcomes to be legibly recorded in a logbook maintained for that purpose.
2.5 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.
2.6 An adequate supply of first aid materials shall be kept on the licensed premises.
2.7 A minimum of 2 (two) competent attendants shall be on duty at the licensed premises, in addition to the main hirer/user, throughout all hiring’s 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 firefighting equipment available, how to call the fire service and evacuation procedure including the location of the emergency evacuation assembly point in the car park.
2.8 If most of the audience/attendees are under 16 years of age, the number of attendants shall not be less than 1 (one) attendant per 25 children (or part thereof) present.
2.9 There shall be no performances or activities on the licensed premises which involve any elevated risk of danger to the public. The premises licence holder shall ensure that highly flammable substances are not permitted to be brought into, or used in any portion of, the premises. Combustible decorations or portable heating appliances shall not be used without the express consent of the premises licence holder, who may liaise accordingly with the Fire Service prior to consent or first use. Unauthorised portable electrical appliances shall not be permitted on the premises unless authorised by the premises licence holder and unless portable appliance tested (PAT).
2.10 Notices shall be prominently displayed and maintained on the premises requesting that attendees/users of the licensed premises leave the premises and the vicinity quietly and with respect to the needs of neighbouring properties.
2.11 The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises.
2.12 No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises.
2.13 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 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 e.g., a Youth club shall have a specific Child and Vulnerable Adult Policy in place and observed.
2.15 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.
2.16 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. Appropriate air conditioning should be installed if necessary, to secure compliance with this condition.
2.17 The car park shall be adequately illuminated during the hours of darkness whilst licensable activities are taking place on the licensed premises.
2.18 All doors and windows shall be kept closed (save for access and egress) whilst regulated music activity is taking place after 21:00hrs.
2.19 Children under the age of 16 shall not be permitted on the licensed premises during licensable activities unless accompanied by an adult.
2.20 Crime Prevention posters shall be prominently displayed and maintained on the licensed premises relating to any prevalent crime and disorder issues in the local area.
2.21 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.
2.22 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 levels being experienced.
2.23 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.
2.24 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.
2.25 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.
2.26 Waste from the licensed premises shall be removed in a timely manner to an appropriate waste disposal facility, to minimise the risk of public nuisance.