ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 The supply of alcohol for consumption off the premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.
1.2 Any alcohol supplied for consumption off the premises must be in a sealed container.
1.3 Any supply of alcohol for consumption off the premises must be made to a member of the club in person.
1.4 (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.
1.5 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]
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.7 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.
1.8 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).
1.9 (1) The admission of children to the exhibition of any film is to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where:
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section:
"children" means persons aged under 18; and
"film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
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 club premises certificate holder shall ensure that all volunteers engaged in the sale and supply of alcohol shall undertake suitable and sufficient training in respect of licensing law, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objectives. Refresher training shall be undertaken at least once every 12 months, with any new volunteer 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 Crime prevention posters shall be prominently displayed and maintained on the licensed club premises relating to any prevalent crime and disorder issues in the local area.
2.3 All instances of drunkenness, disorder, drug use or violence shall be challenged, resulting in the ejection or retention of the individual(s), where permissible, and under serious circumstances consideration shall be given to their permanent exclusion from the club in future.
2.4 No illegal drugs shall be permitted on the premises, and all club members/users shall be made aware of a zero tolerance to drugs on the premises. Notices shall be prominently displayed and maintained in respect of this matter.
2.5 An incident book/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 upon request.
2.6 The club premises certificate 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.
2.7 Adequate provision of first aid materials and trained personnel shall be on duty at the club premises during licensable activities, and in accordance with the club premises certificate holders risk assessment.
2.8 All fixtures, fittings and equipment at the licensed premises - whether permanent or temporary - shall be inspected (and certificated where appropriate) by a commensurately competent person prior to first use or installation. Records of such inspections shall be legible recorded in a log-book and shall be made available to an authorised officer upon request.
2.9 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.
2.10 There shall be no deliveries to the licensed premises between 21:00 hours and 08:00 hours.
2.11 Club volunteers 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.
2.12 The club premises certificate 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).
2.13 Contact details of local licensed taxi and private hire operators shall be made available for patrons at the licensed premises.
2.14 All doors and windows shall be kept closed (save for access or egress) whilst regulated entertainment is taking place.
2.15 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.
2.16 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.
2.17 Adequate waste receptacles for use by customers shall be provided in the immediate vicinity of the licensed premises (including bins for cigarettes).
2.18 Children under the age of 16 shall not be permitted on the licensed premises during licensable activities after 18:00hrs unless accompanied by an adult.
2.19 Children will not be permitted within the kitchen or storage areas as detailed on the licensed plan in Annex 4.
2.20 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the club premises that may give rise concern in respect to children.
2.21 Any person attempting to purchase or consume alcohol on the licensed premises and appearing to be under the age of 25 shall be challenged and required to produce a valid photographic identity document as proof of age. For this purpose a driving licence, passport or PASS accredited proof of age card with hologram shall be satisfactory forms of identity.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable