ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Every sale or supply of alcohol under the premises licence must be made or authorised by the management committee.
1.2 (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 management committee 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.
1.3 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 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 favorable 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 The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
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:
General
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:
(a) Public safety measures;
(b) Emergency equipment and evacuation procedures;
(c) 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;
(d) Contact telephone numbers for committee members and the premises supervisor;
(e) Premises licence terms, hours and conditions, and any limits on capacity (as may have been set under Fire Safety Regulations);
(f) Keeping exit routes clearly identified and free from obstruction or hazard; and
(g) 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.
(h) That noise control measures are well managed so as to minimise disturbance to neighbouring properties;
(i) Key licensing offences particularly in terms of underage sales, proxy sales and alcohol sales to or for drunk persons; and
(j) Stewarding and security arrangements.
2.2 The management committee or a responsible individual nominated by the management committee, shall be on duty to monitor/supervise activities during all hiring’s of the premises for licensed activities and shall be readily contactable by means of a direct phone number during any periods when he/she is not physically on the premises.
2.3 All requests for hiring’s of the licensed premises for licensable activities shall be scrutinised by the premises licence holder prior to a decision on whether the hiring shall be permitted or not. The nature of the event, numbers anticipated, audience age and profile and any previous history linked to the hirer or event shall be diligently reviewed as part of this determination and record kept of that process.
Prevention of Crime and Disorder
2.4 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.
2.5 No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises. Notices shall be prominently displayed and maintained in respect of this matter.
Public Safety
2.6 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.
2.7 For events involving licensable activities, the premises licence holder shall conduct and record a suitable and sufficient risk assessment and ensure that adequate provision of trained first aid personnel and first aid equipment are made available on the premises - commensurate with the nature and scale of the event and risk assessment outcome.
2.8 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 and the public are on the premises. External lighting should be of such specification and positioning so as to meet this objective without causing any public nuisance by light pollution.
2.9 The premises licence holder shall ensure that notices detailing emergency evacuation procedures shall be prominently displayed and maintained on the licensed premises.
2.10 Adequate arrangements shall be in place to ensure the safe evacuation of any disabled persons on the premises.
2.11 An adequate supply of first aid materials shall be kept on the licensed premises.
2.12 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.
2.13 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.
2.14 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).
Prevention of Public Nuisance
2.15 Notices shall be prominently displayed and maintained on the licensed premises asking patrons to leave the premises and the area quietly.
2.16 The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises. It is recommended that the programme be published on any website for the premises and be displayed and kept updated in the immediate vicinity of the premises.
2.17 Internal and external lighting provided for the purpose of customer and staff safety and for the security of the premises shall be positioned so as to not cause nuisance to neighbouring or adjoining properties.
2.18 Waste from the licensed premises shall be removed in a timely manner (outside of the hours between 11pm and 7am) to an appropriate waste disposal facility, so as to minimise the risk of public nuisance.
2.19 Attendants on duty shall monitor the activity of patrons leaving the premises and assist with a managed departure. Persons leaving shall be reminded to act in a responsible manner and leave the immediate area with consideration to the needs of the local community.
2.20 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 at neighbouring properties. Appropriate remedial steps shall be taken in the event of any excessive noise levels being experienced.
2.21 During operating hours, the premises supervisor or a nominated representative shall be available to receive and respond to nuisance-related complaints. A contact telephone number shall be provided to the Licensing Authority for that purpose.
2.22 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 (whether through people noise, entertainment noise, vehicular noise, waste disposal, event set-up or breakdown, littering or noxious odour).
Protection of Children from Harm
2.23 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.
2.24 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, 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.
2.25 Children shall only be permitted on the licensed premises during licensed activities or events where accompanied and/or under the supervision of an adult.
2.26 During any performance or activity for children a ratio of at least one attendant for every fifty children present shall be maintained. Suitable and sufficient emergency evacuation procedures shall be in place to ensure safe and controlled exit in the event of an emergency situation (for example including clearly communicated assembly points).
2.27 For community events a designated ‘lost children’ point shall be identified and communicated/signed.
2.28 The Premises Licence Holder shall create the following policies:
(a) Child and Vulnerable Adult Policy;
(b) Health and Safety Policy
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable