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 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).
HORISED
Last printed 14/06/19
S17 023470/BPL0
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 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).
2.2 Staff 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.
2.3 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.
2.4 Patrons shall not be permitted to leave the premises with opened bottles or glassware. The premises licence holder shall ensure that customers are not permitted to consume alcoholic drinks outside the premises - which includes whilst they are observing smokefree regulations.
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 The premises licence holders shall ensure that relevant members of staff receive and complete suitable and sufficient training to include licensing law, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objection, with written records retained of training undertaken and made available for inspection by the Police or an authorised officer of the Licensing Authority upon reasonable request. An appropriate training manual shall be operated and retained at the licensed premises. Refresher training shall be undertaken at least once every 12 months, with any new member of staff to be trained within six weeks of taking their position and prior to undertaking any direct duties. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria.
2.7 Policies and logs will be written for the premises relating to the following categories:
• Emergency procedures
• Fire safety/evacuation plan
• Refusals/banning policy
• Prohibited items policy
• Dispersal policy
• Door policy
• ID checks policy
• Search policy
• Hiring vetting policy
• Smoking area policy
• Disorder and ejection policy
• Alcohol & social responsibility policy
• CCTV policy and procedure
• Special events policy
• Customer complaints policy
• Incident report form
• Capacity log
• Refusals log
• Banned log
• CCTV log
• Ladies toilet check log
• Gents toilet check log
These policies and logs shall be maintained so as up-to-date, accurate, relevant and subject to annual review. A copy of each policy shall be submitted to and approved by the police and licensing authority prior to its implementation. Each policy shall be fully implemented and in operation within 6 (six) months of (14 June 2019).
2.8 A CCTV system shall be installed and maintained on the licensed premises, with a minimum of six cameras covering the licensed premises. Recordings shall be accurately timed and dated and shall be retained for a minimum period of 31 days. Recordings shall be made available to an authorised officer of the Police or Licensing Authority upon request, and a member of staff competent at downloading/accessing images shall be on duty at the premises whilst it is open to the public. Notices specifying CCTV surveillance is operating shall be displayed prominently at the premises. 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 An incident book(s)/refusals register shall be kept and maintained on the premises at all times. The book(s) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to police or an authorised officer of the licensing authority on demand.
2.10 The Premises Licence Holder shall ensure that at all times whilst the public are present there is at least one competent person able to administer first aid, and that an adequate and appropriate supply of first aid equipment and materials is available on the premises. Adequate records shall be maintained in relation to the supply of any first aid treatment.
2.11 The premises licence holder shall operate a zero tolerance approach to any illegal or unlawful activities or behaviour occurring or suspected at the licensed premises and the Police shall be promptly notified in respect of any such matters.
2.12 A dispersal policy shall be implemented. There shall be an appropriate wind-down, drinking up and dispersal period at the licensed premises between the last supply of alcohol and closure of the premises.
2.13 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.
2.14 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.
2.15 Monitoring shall take place both inside and outside of the licensed premises and due regard shall be had to whether the activities may lead to excessive noise at neighbouring properties. Appropriate remedial steps shall be taken, and recorded, in the event of any excessive noise levels being experienced.
2.16 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.
2.17 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.
2.18 The premises licence holder shall ensure that suitable and satisfactory public safety risk assessments are undertaken with outcomes to be legibly recorded in a log-book maintained for that purpose.
2.19 Children shall only be permitted on the licensed premises during licensed activities or events where accompanied and/or under the supervision of an adult.
2.20 If the majority of the audience/attendees for an event are under 16 years of age, the number of attendants shall not be less than 1 (one) attendant per 25 (twenty-five) children (or part thereof) present.
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 A burglar alarm shall be installed and maintained at the licensed premises in order to promote the prevention of crime and disorder.
2.23 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.
2.24 Where machines/devices are rated for used by over 18s only and are used on the licensed premises, the premises licence holder shall ensure that: they provide a segregated area for over 18s from the rest of the premises. This shall be completed to maintain a physical barrier which is effective to prevent access between areas other than by an entrance designed for that purpose; notices shall be prominently displayed at the entrance to the area stating that no person under the age of 18 is permitted to enter the area; and supervision at all times to ensure that under 18s do not enter the area. For avoidance of doubt the physical barrier may be of temporary structure whilst the over 18’s area is in use.
2.25 The premises licence holder shall ensure that a proof of age scheme is adopted to challenge patrons under the age of 18 where the relevant game is over 18 and those under the age of 16 in relation to energy drinks.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The premises licence holder shall ensure that a member of staff regularly checks on outside areas where patrons are observing the smoke-free legislation in the designated smoking-areas for the licensed premises. A detailed logbook shall be kept of these occasions.
3.2 The primary business of the premise is an e-gaming centre/e-Sports Lounge.
3.3 The internal layout of the premises cannot be altered without the consent of the Licensing Authority.
3.4 The premises shall not be used as a vertical drinking establishment.
3.5 There shall be no live music at the premises.
3.6 All windows and external doors shall be kept closed between 23:00 hours and 06:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
3.7 No under 18’s shall be allowed on the premises after 23:00hrs.
A Conditions added by the Licensing Sub-Committee following review hearing 01/12/2020
3.8 A dispersal policy shall be created and be agreed with the Police and the Council’s Environmental Protection Team. The dispersal policy shall be implemented within two (2) months of the review hearing decision. There shall be an appropriate wind-down, drinking up and dispersal period at the licensed premises between the end of licensable activities and closure of the premises. Where door staff are employed at the licensed premises they shall assist with the departure of patrons from the licensed premises.
The dispersal policy shall also include, but not be limited to, details of how the premises licence holder shall implement the following:
o Prominent display of notices requiring courtesy for neighbours (in accordance with condition 2.20 of Annex 2) and appropriate safety signage
o Preventing customers from congregating outside the licensed premises (Staff to monitor and record actions taken)
o Directing to and advising on available public transport
o Providing contact details for taxi/private hire firms and provision of a call-back service
o Use of a dedicated taxi/private hire service
o A gradual dispersal of patrons from the premises
3.9 There shall be no new patrons admitted, or patrons re-admitted, to the licensed premises after 23:00hrs on Sunday to Thursday, Midnight on a Friday and Saturday on any occasion. For the avoidance of doubt, patrons that are observing the smoke-free legislation in the designated smoking-areas for the licensed premises, and whilst they have been under the direct control and supervision of the door supervisors, may be re-admitted to the licensed premises. All persons requesting re-entry to the venue under these circumstances shall be searched by door supervisors. A clear legible record shall be kept at the premises logging all authorised re-admissions, kept for a period of 12 months and made available to the Police or an authorised officer of the Council immediately upon request.
There shall be no more than 5 patrons using the smoking area after 23:00hrs on any given day.
3.10 The Designated Premises Supervisor (DPS) shall conduct a risk assessment for all events to be held at the licensed premises or where the capacity of the licensed premises is likely to exceed 50 in number. Where capacity number is exceeded or an event is identified by that risk assessment as requiring door staff, a minimum of 2 (Two) SIA registered door supervisors shall be employed. The door supervisors will be employed from 30 minutes before the start time of the event or when the capacity number above is exceeded until 30 minutes after the termination of licensable activities. All door supervisors shall be easily identifiable by means of high visibility clothing/uniform/fluorescent band and badge. All door supervisors upon commencing duty shall sign an attendance book with their SIA number and signature. The attendance book shall be made available to the Police or an authorised officer of the Council immediately upon request.
3.11 All external doors to the licensed premises shall be fitted with soft and self-closing devices.
3.12 The premises licence holder shall install and use a tamperproof noise limiter/cut out device for all amplification of sound.
o The noise limiter/cut out device shall be of an appropriate type approved by the Council’s Environmental Protection Team.
o The noise limiter/cut out device shall be properly secured so that it cannot be tampered with.
o The noise limiter/cut out device shall be set at a level approved by the Council’s Environmental Protection Team.
o The noise limiting device shall only be reset with the authority of the Council through an authorised officer of the Environmental Protection Team.
o If deemed necessary, the noise limiting device shall be reset to a level approved by the Council through an authorised officer of the Environmental Protection Team within 14 days of notification.
3.13 There shall be no licensable music activities authorised by Premises Licence BPL0463 until such time as a scheme of appropriate sound attenuation measures has been submitted to and agreed in writing with the Council’s Environmental Protection Team. These measures shall be implemented, retained and maintained in that form thereafter to the satisfaction of the Licensing Authority. The scheme shall include (although not exclusively) proposals for: insulating the structure to secure an acceptable level of noise emanating from the building and monitoring of all forms of noise outside the premises, which shall include the use of a suitable sound level meter.