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 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 holders shall ensure that all 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 objectives. Training records shall be accurately and legibly maintained and produced upon demand to an authorised officer of the Police or Licensing Authority. 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 in relation to the sale or supply of alcohol. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria.
2.2 The Premises Licence Holders shall create and implement an Event Management Plan (EMP) to promote the licensing objectives for any event where the anticipated attendance is more than a 500. A final version of the EMP and up to date site Plans shall be sent by the premises licence holder to the Licensing Authority and all responsible authorities no later than 28 (twenty eight) days prior to the first day of the event for any event.
2.3 The Premises Licence, Event Management Plan and risk assessments shall be kept with all other event documentation in the event control for the duration of the event. The location of event control shall be clearly identified on the site plan, contained within the EMP.
2.4 Suitable and sufficient levels of first aid medical provision shall be provided and maintained on site for the duration of the event, in accordance with the medical risk assessment provided as part of the EMP.
2.5 An emergency access and egress (red route) shall be maintained as detailed within the EMP. All staff shall be readily identifiable to the public attending the event by means of branded and/or high visibility apparel.
2.6 Suitable and sufficient measures shall be implemented to reunite lost children with their parent or guardian as detailed within the EMP. The lost children point shall be clearly signed as well as identified on site plan/maps displayed around the site and contained within the event programme. The Premises Licence Holder shall adopt and regularly update and maintain a comprehensive Safeguarding Policy as detailed within the EMP.
Crime & Disorder
2.7 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.
2.8 The Premises Licence Holder shall suitably and sufficiently risk-assess events and other licensable activities to ascertain the requirement of SIA Door Supervisors. If SIA door staff are required then, in consultation with their door security provider, the premises licence holder shall deploy commensurable levels, timings and locations of door supervision. Where the Premises Licence Holder's risk-assessment in consultation with the door security provider identifies that it is appropriate for searches to be conducted on females then a minimum of one female SIA door staff shall be on duty.
2.9 The Premises Licence Holder shall ensure that door supervisors, where so employed, shall ensure that if there is a queue outside of the licensed premises, that an orderly queue is maintained. Door supervisors shall monitor the full length of the queue for signs of drunkenness and 'pre-loading', anti-social behaviour or use/possession of illegal substances or weapons.
Public Safety
2.10 Suitable and sufficient fire extinguishers, blankets and other fire fighting equipment shall be deployed around the site for the duration of the event. The locations of such equipment shall be clearly marked on the event site plan, and signposted on site.
2.11 Plastic or polycarbonate drinking vessels shall be used at all times at the licensed premises. Drinks which are only available in bottles/glassware must be decanted to plastic or polycarbonate drinking vessels. Glass bottles shall only be permitted for off sales/takeaway only in a sealed container.
2.12 An appropriate level of competent, and appropriately qualified, first aid and/or medical practitioners shall be present throughout a sports entertainment involving boxing, wrestling, judo, karate, mixed-martial arts or similar activity- whether it is the main entertainment or ancillary.
2.13 Any ring for the purposes of boxing or wrestling entertainment shall be constructed by a competent person and/or inspected by a competent authority.
2.14 At any boxing or wrestling or other entertainments of a similar nature members of the public shall not occupy any seat within 2.5 metres of the ring. Audience members shall not be permitted to stand on any stairwell or balcony area which directly overlooks the ring or exhibition area whilst an event is in progress.
Public Nuisance
2.15 Clearly legible and suitable notices shall be displayed and maintained at the event exits, requesting customers to respect the needs of local residents and to leave the premises and area quietly. Sufficient numbers of staff shall be available at the main event exits, to ensure that customers disperse quietly.
2.16 Any lighting used on site shall be positioned/directed so that it does not cause any public nuisance.
2.17 During operating hours, the premises licence holders or nominated representative shall be available to receive and respond to any nuisance-related complaints. A contact telephone number shall be provided to the Licensing Authority for that purpose prior to the day of any event.
2.18 The Premises Licence Holders shall ensure that waste receptacles used at the licensed premises shall be lidded and maintained in a clean condition and that litter and waste, including smoking related litter, shall be regularly cleared from the immediate vicinity of the licensed premises.
2.19 The Premises Licence Holders or their nominated representative shall monitor noise levels at regular intervals at the perimeter of the event whilst amplified music is being played to minimise the risk of causing public nuisance.
2.20 The Premises Licence Holders will ensure all events are suitably advertised in advance of the event either by direct letter to neighbouring properties or via the local magazine and/or by similar material.
2.21 A generic noise management plan shall be created, documented and agreed by the Babergh District Council’s Environmental Protection Team (EPT) to cover the performance of outdoor amplified live or recorded music for events where the expected attendance is 49 people or less. This document shall thereafter be retained and adhered to and reviewed on an annual basis by the Premises Licence Holder to take account of any changes in the premises.
2.22 Prior to any outdoor event that includes the performance of amplified live or recorded, music and where the expected attendance is greater than 50 people, 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 Babergh District Council’s Environmental Protection Team (EPT) 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.
2.23 The Premises Licence Holder or their nominated representative shall be on the licensed premises for the duration of any events involving licensable activities. This shall include events involving the performance of amplified live or recorded music, where the attendance at the licensed premises is expected to be greater than 50 people, where the nature of the event is known to have the potential to result in disturbance, and the premises licence holder or their nominated representative shall be available to control all music noise levels.
Protection of Children from Harm
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 Staff involved with any relevant children’s activities, where a parent or guardian may not be present, shall be suitably and sufficiently vetted with information relating to any checks retained on file within the event management documentation. Note: Any documentation held in this regard should be in accordance with any relevant legislation or guidance in relation to protection of personal/protected information.
2.26 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.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable