ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1. Alcohol shall not be sold or supplied:
(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
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
4. Where a premises licence authorises the exhibition of films, the admission of children to the exhibition of any film must be restricted in accordance with the film classification.
5. The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
(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 (other than
any promotion or discount available to an individual in respect of alcohol for
consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a
sporting event, where that provision is dependent on -
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
6. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
7. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
8. (a) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(b) 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 a holographic mark.
9. The responsible person shall 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: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
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. These will include, where required, existing expressed conditions and embedded restrictions contained within existing authorisations and enactments as specified by the Secretary of State, in accordance with Schedule 8 of the Licensing Act 2003:
2.1 There shall be no more than twelve (12) licensable regulated entertainment events/activities for amplified music (whether live or recorded) or dancing or plays per calendar annum.
2.2 For (non-Market Day related) special events involving licensable activities, or any event involving live or recorded music the event organiser shall create and implement an Event Management Plan (EMP) and a Noise Management Plan (NMP) to promote the licensing objectives. Latest versions of the EMP/NMP shall be sent by the licence holder to the Licensing Authority no later than 7 (seven) days prior to the first day of the event. Any proposed revisions to the EMP or NMP shall be notified in writing to the Licensing Authority before the plan is updated. A copy of the EMP, NMP and any linked documentation shall be kept at the Event Control for the duration of the event. A layout plan of the event activity will be provided as part of the EMP for such occasions.
2.3 Market Day trading activity shall be under the operation of the Sudbury Town Council ‘Market Regulations’ document (as may be revised from time-to-time) and requires traders to adhere to measure which serve to promote licensing objectives.
2.4 For activities involving the sale or supply of alcohol the event organiser/stallholder shall conduct suitable and sufficient risk assessments and ensure that staff and stewards monitor and supervise that activity and are vigilant to prevent underage sales, indications of underage drinking, street drinking in prohibited areas or excessive consumption of alcohol.
2.5 The premises licence holder shall advise all hirers of the Market Place to comply with terms and conditions of this premises licence, to ensure promotion of the licensing objectives, and shall recommend that all event organisers reference the Health and Safety Executive (HSE) guidance document HSG195 ‘The Event Safety Guide’ (or any equivalent replacement thereof) for outdoor public events.
2.6 The event organiser/premises user shall ensure that suitable and sufficient public safety risk assessments shall be conducted and documented for each and every licensable event and made immediately available to responsible authorities upon request.
2.7 The event organiser/premises user for events involving licensable activities under authority of the premises licence (if granted) shall ensure that suitable and sufficient public liability insurance is maintained in force covering use of the licensed premises and that a copy of the schedule is made available for inspection by an authorised officer upon request.
2.8 The following additional conditions apply in relation to any licensed music event:
During operating hours on days on which a licensed event is held, the event organiser/premises user, or other responsible person nominated by the event organiser/premises user, shall be available to receive and respond to nuisance-related complaints. A contact number shall be made readily available for that purpose.
The volume or sound configuration of amplified music shall be turned down or adjusted upon the reasonable request (either in person or over the telephone) of an authorised officer of the Licensing Authority or a Police Officer.
2.9 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 so requested) be able to demonstrate to responsible authorities that they have the relevant credentials to safely install and operate such structures.
2.10 Any impromptu, unscheduled or unauthorised entertainments, performances or activities that occur which may give rise to child protection concerns shall be immediately closed and any unauthorised performers or participants shall be required to leave the site. The Police shall be promptly called to any such activities where criminal or disorderly behaviour or conduct has or is about to take place.
2.11 The event organiser/premises user/stallholder shall be notified by the premises licence holder to adopt a ‘Challenge 25’ proof of age scheme. The event organiser/premises user/stallholder 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 (twenty-five). Furthermore ‘Challenge 25’ signage shall be displayed to alert customers to the operation of the scheme.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEX 4 - Plans
Attached