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).
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 All sales or supply of alcohol shall be ancillary to food. No sale or supply of alcohol shall be made on the licensed premises unless it is part of a food order.
2.2 The premises licence holder shall ensure that a robust hiring process and agreement is in place for third party hiring requests to hire the licensed premises for licensable activities, so as to ensure that the licensing objectives are promoted. The premises licence holder shall ensure that hirings are monitored by a responsible person on behalf of the premises licence holder, and that hirers are briefed by the premises licence holder on relevant licence controls.
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 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 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 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 smoke free regulations.
2.7 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.
2.8 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).
2.9 Monitoring shall take place both inside and outside of the licensed premises and due regard hall 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.
2.10 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.
2.11 All waste shall be removed outside of the hours of 23:00hrs and 07:00hrs and suitable and sufficient lidded waste disposal bins shall be provided at the licensed premises.
2.12 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 the respect to the needs of neighbouring properties.
2.13 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.
2.14 There shall be not more than 12 (twelve) outdoor events per calendar annum involving licensable activities on the licensed site.
2.15 The premises licence holder shall create a list detailing all regular outdoor events involving licensable activities each calendar year at the licensed premises. A final version of the list shall be sent by the premises licence holder to the Licensing Authority and Responsible Authorities no later than 28 (twenty-eight) days prior to the first day of the first event, each calendar year. Where an event has not on the including on the list of events, the premises licence holder shall give 28 (twenty-eight) days’ notice prior to the first day of the event to the Licensing Authority and Responsible Authorities.
2.16 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.
2.17 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.
2.18 Children shall only be permitted in areas of the premises being used for licensed activities or events where accompanied and under the supervision of an adult. Where events or activities are intended primarily or exclusively for persons under the age of 18, the premises licence holder shall ensure that no alcohol is available for sale or supply and that all alcohol is removed or secured so it is not available for viewing or unauthorised supply.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 Prior to any outdoor event (including events taking place in a marquee) that includes the performance of amplified live or recorded, music, or where the nature of the event has the potential to result in disturbance, the licence holder shall submit a Noise Management Plan (NMP) in writing to the Licensing Authority for approval. The first draft of the NMP shall be submitted not less than 21 days prior to the first day of the event taking place. Amplified live and recorded music will only take place following approval of the NMP by the relevant responsible authority. This document shall thereafter be retained and adhered to, and reviewed on an annual basis to take account of any changes in the premises.
3.2 The premises licence holder, or a nominated person authorised to act on behalf of the Premises Licence Holder shall be on site for the duration of any events including the performance of amplified live or recorded music and shall be available to control all music noise levels.
3.3 The music noise level shall be turned down or adjusted at the direct request (either in person or over the telephone) of an authorised officer of the Licensing Authority or Police.
3.4 To restrict the area of consumption of alcohol to the area of the existing café and paddock area in which the marquee is situated, with an up to date plan showing the amended consumption area be submitted to the Licensing Authority.
3.5 For events taking place within the paddock area including use of the marquee, during operating hours, the premises licence holder, designated premises supervisor (DPS) or other responsible person nominated by the premises licence holder or the DPS shall be available to receive and respond to any nuisance related complaints (or similar) whilst the events are taking place. A contact telephone number shall be provided to the Licensing Authority and Environmental Protection Team for that purpose prior to the first day of any licensed event. The contact telephone number and details of the nominated representative shall also be published on any website which is maintained by the licence holder prior to the first day of any licensed event and for the duration of said event.
3.6 The premises licence holder, designated premises supervisor (DPS) or other responsible person nominated by the premises licence holder or the DPS shall publish details of events involving licensable activities on any website which is maintained by the licence holder prior to the first day of any licensed event and for the duration of said event. The premises licence holder, designated premises supervisor (DPS) or other responsible person nominated by the premises licence holder or the DPS shall also letter drop residential properties contained within the blue ringed area of the map contained within Annex 4 of the licence, to notify residents of such an event prior to the first day of any licensed event and for the duration of said event.