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).
1.8 (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 premises licence holder shall take all reasonable anti-fraud and underage sales precautions to ensure that no on-line/telephone sales of alcohol are made or delivered to persons under the age of 18. On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being REFUSED OUTRIGHT.
2.2 The premises licence holder shall take all reasonable precautions to ensure that delivery staff or contractors shall only deposit the order of alcoholic products with an adult and that the order is signed for.
2.3 The sale of alcohol shall be for consumption off the premises with a delivery to a home or bona fide business address only. For the avoidance of any doubt there shall be no deliveries of alcohol to open air outdoor locations under any circumstances.
2.4 Where the premises licence holder maintains a website for the business or any forms of advertising/promotional material which is only supplied to customers of home deliveries or leaflet dropped to home or business addresses these shall contain:
The name of the delivery service, valid telephone numbers, e-mail address, the premises licence number which authorises the sale/supply of alcohol and the relevant licensing authority which issued the premises licence;
The ordering by, sale/supply of any alcohol product to anybody under the age of 18, or delivery of any alcohol products to anybody under the of 18 is strictly forbidden; and
On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being REFUSED OUTRIGHT.
2.5 The premises licence holder shall ensure that all refusals are promptly recorded in a legible format and shall be produced to an authorised officer of the Police or Local Authority upon request.
2.6 No person under the age of 18 shall be employed by the premises licence holder to act as the driver of a vehicle to be involved in the operation of the licensed business nor shall any person under the age of 18 have any responsibility for the delivery of alcoholic products from the licensed premises.
2.7 Staff members will be properly authorised and trained including:
A notice of authority record for all staff who sell or supply alcohol
Suitable and sufficient training and refresher training at least once every 6 months for staff and records kept for inspection
Contact details of the Designated Premises Supervisor available to staff and responsible authorities
Deliveries of alcohol only to pre-arranged addresses
The carrying and maintenance of records of orders on-board delivery vehicles
Strict terms and conditions over purchase, ordering and delivery emphasising the right to and the duty to refuse alcohol sales or supplies where there are concerns over age, drunkenness, location or the vulnerability of customers
2.8 The premises licence holder shall ensure that management and staff take appropriate steps to ensure that the business remains free from crime and disorder and neither creates nor contributes towards crime and disorder.
2.9 The premises licence holder shall operate a policy of:
Maintaining staffing numbers at an appropriate level so as to ensure adequate security of the premises and within the delivery vehicles of the couriers and alcohol supplies
No cash handling by delivery drivers
Observing the duty to be a responsible alcohol retailer and always refuse to supply alcohol where there is a likelihood that such a sale might contribute towards crime and disorder
2.10 The premises licence holder shall ensure that management and staff have an effective policy to promote public safety. The DPS shall liaise with responsible authorities to ensure that public safety is promoted.
any risk to safety shall be assessed before the premises are opened to the public and throughout the hours of operation
delivery vehicles being maintained, secured and operated safely
no sales or supplies of alcohol being undertaken where it is reasonably considered that this might negatively affect public safety
the entrance and any walkways within the premises shall be kept free from obstruction or hazard
public safety and fire risk assessments shall be undertaken periodically and acted upon in accordance with current recommendations and requirements.
effective lighting shall be maintained and operated to ensure the safety of the public and staff
2.11 The premises licence holder shall ensure that the DPS and staff are mindful of the need to reduce the impact of nuisance caused by the operation of the business, whether by noise, odour, vibration, light or other cause, and shall constantly assess the risk of public nuisance and take immediate steps to eliminate the problem. Staff will ensure that:
Deliveries shall be conducted in a responsible and considerate manner, ensuring no disturbance to local residents or businesses
No sales or supplies of alcohol shall be undertaken where it is reasonably considered that this might negatively affect the public nuisance licensing objective
The premises and public areas nearby shall be kept free from waste or litter associated with the operation of the business
Any noise, light pollution, vibration and any other potential nuisance shall be monitored and kept to an acceptable level
Waste removal shall be undertaken at a time that does not cause disturbance.
2.12 The premises licence holder shall ensure that the business is operated in such a way that reflects a commitment to be a responsible retailer. To protect children from harm there shall be a policy of:
Strict terms and conditions stressing that the purchaser and those receiving a delivery of alcohol must be at least 18 years of age.
The business and courier shall refuse a sale or delivery of alcohol when it is reasonably considered that such a sale or delivery might directly or indirectly undermine the child protection objective
Staff training shall occur before a staff member is authorised to sell or deliver alcohol for the business
The age verification policy shall be one of Challenge 25. This shall be specified in promotional material, terms and conditions, within the premises and emphasised through staff training. Anyone not looking 25 at the point of delivery or sampling will be required to prove that they have turned 18, otherwise the delivery or sampling will be refused and recorded. Acceptable ID will be a photo driving licence, passport, PASS accredited proof of age card or other photo ID that is recommended for acceptance by the police or other authorities.
2.13 There shall be no deliveries to and from the licensed premises outside of the following operating times; Monday to Friday between the hours of 17:00 hrs to 09:00hrs.
2.14 No supply of alcohol for consumption OFF the licensed premises shall be in an opened bottle or glass.
2.15 The premises licence holder or designated responsible person on the premises shall not permit customers to enter the licensed premises with open containers of alcohol.
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 The premises licence is only for the area as delineated in the site plan attached as Annex 4 to the licence.
2.18 A CCTV system shall be installed and maintained on the licensed premises, with a minimum of three 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.
2.19 To promote public safety and the prevention of public nuisance, the premises licence holder shall prohibit the use of all airborne launched lanterns, latex balloons and similar free-floating devices containing a naked flame, fuel cell, helium gas or similar elevation mechanism - whether the device is specified as bio-degradable or otherwise. Such lanterns or devices are commonly known as Chinese Lanterns, Sky Lanterns, Flying Lanterns, Glowing Lanterns, Night Sky Lanterns, and Kongming Lanterns or similar. For the avoidance of any doubt static, fixed, hanging or waterborne ornamental or decorational lanterns, balloons or similar devices are not explicitly prohibited by this condition and consideration of such matters shall be for the event organiser’s own risk assessment.
2.20 All events and wedding activities shall be located and any sound projection directed (for example for staged events) to minimise any risk of causing public nuisance to nearby properties or residences.
2.21 The following conditions apply in relation to any licensed music event:
During operating hours on days on which a licensed event is held, the premises licence holder, the designated premises supervisor (DPS) or other responsible person nominated by the premises licence holder or DPS shall be available to receive and respond to nuisance-related complaints. A contact number shall be made readily available for that purpose.
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, and recorded, in the event of any excessive noise levels being experienced.
The volume control of any amplification equipment being used on the licensed premises shall be kept under the direct control of the dps/manager, or another responsible individual nominated by the DPS, on all occasions. At the direct request of an authorised officer of the local authority or police, the volume level shall be decreased immediately.
2.22 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.
2.23 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 objectives, 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.
2.24 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.
2.25 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. In the case of refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol.
2.26 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.
2.27 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.
2.28 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.
2.29 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.
2.30 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.
2.31 Children shall not be permitted to attend the licensed premises for the duration of tasting events at the premises, save for attending the glamping area.
2.32 Adequate provision of first aid materials and trained personnel shall be on duty at the premises during licensable activities, and in accordance with the premises licence holders risk assessment.
2.33 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.
2.34 Children shall only be permitted on the licensed premises during licensed activities or events where accompanied and/or under the supervision of an adult, save for attending the glamping area.
2.35 All staging, marquees or temporary structures used at the licensed venue shall have suitable and sufficient risk assessments carried out and shall be erected, maintained and supervised by competent, and appropriately qualified where necessary, persons. Such persons shall (if requested) be able to demonstrate to responsible authorities that they have the relevant credentials to safely install and operate these structures.
2.36 The licence holder shall maintain a legible written record (whether manually or electronically) of all events held at the licensed premises that include licensable activities, with this record to specify the maximum anticipated capacity at any one time, and this record shall be made immediately available to an authorised officer of the Police or Local Authority upon reasonable request. Note: The licence holder should seek advice from the Licensing Team if he is any doubt as to whether a particular event includes licensable elements or not.
Attendees acting in a drunk, disorderly or anti-social manner shall be ejected from the site and afforded assistance by the event staff to ensure safe departure (for example via taxi) or handover from the site. Serious matters/incidents shall be reported to the Police immediately.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 Licensable entertainment activities which take place in outdoor areas of the licensed premises, shall be limited to not more than 8 (eight) per calendar annum. Any such licensable activities in outdoor areas shall cease by 21:30hrs on all occasions.
There shall be no more than 6 (six) wedding events per calendar annum to be held in either the barn or marquee/temporary structure. For such events in the barn all sale and supply of alcohol shall cease by midnight and regulated entertainment shall cease by 23:30hrs, where the such events take place in a marquee or temporary structure all licensable activities shall cease by 19:00hrs on Sunday to Thursdays and 21:00hrs on Fridays and Saturdays.
No more than 1 (one) event involving licensable activities shall take place during any calendar month and no more than 1 (one) event shall take place in any one weekend (on Friday/Saturday/Sunday, for reasons of doubt an event can last longer than 1 (one) day).
3.2 For all events held at the licensed premises involving music in outdoor areas, shall be limited to acoustic music only (non-amplified) and shall be restricted to the hours of 10:00hrs to 19:00hrs Sunday to Thursday and 10:00hrs to 21:00hrs on Fridays and Saturdays, which shall consist of a maximum duration of 2 hours on these occasions (The event can be broken down to particular time slots however they must not exceed the maximum duration).
3.3 That the licensable activity of sale and supply of alcohol for consumption on the premises shall not commence before 10:00hrs on any day.
3.4 Before any outdoor public events or hirings (including events taking place in a marquee or temporary structure) shall take place, involving one or more licensable activity, the premises licence holder shall create a suitable and sufficient Noise Management Plan (NMP) which is documented and agreed with Babergh District Council’s Environmental Protection Team (EPT) at least 21 days before the first event is scheduled to take place. This document shall include a noise assessment/validation report to confirm acceptable noise levels. Where appropriate the NMP shall be incorporated with, or appended to, an Event Management Plan (EMP) and risk assessments for the relevant event. The final agreed NMP shall be submitted to the Licensing Authority no later than 7 days prior to the first day of the first event taking place. Thereafter this document shall be retained and adhered to and reviewed on an annual basis or sooner as appropriate to take account of any changes in the premises, where any changes are required these shall be approved by the Council’s EPT at least 21 days prior to the first day of the next event taking place and the agreed amendments lodged with the Licensing Authority no later than 7 days prior to the first day of the next event taking place.