ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Every supply of alcohol under the premises licence must be made or authorised by the management committee (as premises licence holder).
1.2 (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.
1.3 The relevant person (“relevant person” means 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]
Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
Where the permitted price on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
1.4 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.5 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.
1.6 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).
1.7 (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 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 Licensable entertainment activities which take place in outdoor areas of the licensed premises, shall be limited to not more than 10 (ten) per calendar annum. Any such licensable activities in outdoor areas shall cease by 23:00 on all occasions.
No more than 3 (three) events involving licensable activities shall take place during any calendar month and no more than 3 (three) events shall take place in any one weekend (on Friday/Saturday/Sunday, for reasons of doubt an event can last longer than 1 (one) day There shall be a minimum period of 8 (eight) days between these events taking place. For avoidance of doubt the 8 (eight) day minimum period between events shall run consecutively, continuing into the next calendar month where there is less than 8 (eight) days remaining between the event finishing and the end of the calendar month the event was held in.
Opening hours of the premises - The premises shall only be open 24 (twenty-four) hours a day in the event of a fundraising event. There shall be no more than 3 fundraising events in a calendar year. A fundraising event shall be for a maximum duration of 24 (twenty-four) hours. The only licensable activity which shall be permitted during the fundraising event shall be the Provision of Late-Night Refreshment. Where another licensable activity is required a Temporary Event Notice shall be applied for.
2.3 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.
2.4 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 or other responsible person nominated by the premises licence holder 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 premises licence holder/manager, or another responsible individual nominated by the premises licence holder, on all occasions. At the direct request of an authorised officer of the local authority or police, the volume level shall be decreased immediately.
2.5 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.
2.6 The premises licence holder shall implement robust hiring arrangements with all hirers, as well as for its own management committee functions, to ensure that hirers/users are clearly advised of the following, both in writing and through the booking secretary:
(a) Public safety measures;
(b) Emergency equipment and evacuation procedures;
(c) The need to ensure that attendees do not engage in any activities or conduct which may cause, or contribute towards, public nuisance or anti-social/disorderly behaviour;
(d) Contact telephone numbers for committee members and the caretaker;
(e) Premises licence terms, hours and conditions, and any limits on capacity (as set by the ‘responsible person’ under Fire Safety Regulations);
(f) Keeping exit routes clearly identified and free from obstruction or hazard;
(g) That any fire doors are not wedged open, and that emergency lighting, exit signs and alarms are not tampered with or made inoperative whilst an event/hiring is in progress;
(h) That noise control measures are well managed so as to minimise disturbance to neighbouring properties;
(i) Key licensing offences particularly in terms of underage sales, proxy sales and alcohol sales to or for drunk persons; and
(j) Stewarding and security arrangements.
2.7 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.
2.8 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.
2.9 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 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.
2.11 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.
2.12 The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises. It is recommended that the programme be published on any website for the premises and be displayed and kept updated in the immediate vicinity of the premises.
2.13 Bottles or glassware shall not be used for consumption of alcohol in outdoor areas of the licensed premises. For the avoidance of doubt, smokers shall not be permitted to take bottles or glasses out of the building whilst observing smokefree regulations.
2.14 During any performance or activity for children a ratio of at least one attendant for every fifty children present shall be maintained. Suitable and sufficient emergency evacuation procedures shall be in place to ensure safe and controlled exit in the event of an emergency situation (for example including clearly communicated assembly points).
2.15 If the majority of the audience/attendees for an event are under 16 years of age, the number of attendants shall not be less than 1 (one) attendant per 25 (twenty-five) children (or part thereof) present.
2.16 For outdoor licensable events a designated ‘lost children’ point shall be clearly identified and communicated/signposted. Supervision at the handover point shall be by individuals who have been suitability vetted for criminal record and barring commensurate with the child protection and welfare role and duties being performed. Any PA announcement, or similar notification of finding a lost child, shall be sensitively and robustly scripted so as to ensure that lost children are only handed over to their genuine accompanying adult or carer.
2.17 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.
2.18 The caretaker, or another responsible individual nominated by the premises licence holder, shall be on duty to monitor/supervise activities during all hirings of the premises for licensed activities and shall be readily contactable by means of a direct phone number during any periods when he/she is not physically on the premises.
2.19 All requests for hirings of the licensed premises for licensable activities shall be scrutinised by the premises licence holder prior to a decision on whether the hiring shall be permitted or not. The nature of the event, numbers anticipated, audience age and profile and any previous history linked to the hirer or event shall be diligently reviewed as part of this determination and record kept of that process.
2.20 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.
2.21 As a minimum the Event Management Plan shall include the following aspects of the event:
Nature of the event and range of licensable activities intended
A site plan delineating the contained area of licensable activities and of car parking
Event open timings and set up and build down programme
Expected attendance numbers
Traffic and parking control
Marshalls, stewards, security or crew numbers
Child safety and protection measures
Temporary structures and equipment
Compliance with the Licensing Act 2003 and promotion of the four licensing objectives
Catering facilities and hygiene
Toilets and first aid facilities/ medical provision
Litter and waste disposal arrangements
Expected noise levels and times
Fire and health and safety risk assessments
Emergency vehicle access and site evacuation plans
2.22 Any person attempting to purchase or consume alcohol on the licensed premises and appearing to be under the age of 21 (or 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