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]
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 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.
2.2 The premises licence is only for the Cabin as delineated in the site plan attached as Annex 4 to the licence.
2.3 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.
2.4 The premises licence holder shall ensure that all refusals are promptly recorded in a legible format within a refusals register held at the licensed premises and shall be produced to an authorised officer of the Police or Local Authority upon request.
2.5 A CCTV system shall be installed and maintained on the licensed premises, with 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.
2.6 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.
The policy shall include:
any risk to safety shall being 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 the public safety licensing objective
the entrance and any walkways within the premises being kept free from obstruction or hazard
public safety and fire risk assessments being undertaken periodically and acted upon in accordance with current recommendations and requirements.
effective lighting being maintained and operated to ensure the safety of the public and staff
2.7 There shall be no deliveries to and from the licensed premises outside of the following operating times; Monday to Saturday between the hours of 08:00hrs to 18:00hrs and Sunday between the hours of 10:00hrs to 16:00hrs.
2.8 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.
2.9 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.
2.10 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.
2.11 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.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable