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.
10. 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. 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 A Challenge 25 policy will be implemented requiring all customers who appear to be under the age of 25 to produce photographic identification in the form of a passport, driving licence or proof of age scheme (PASS) approved identification, before alcohol can be supplied or sold to them. All staff will be instructed, through training, that alcohol cannot be supplied or sold unless valid identification is produced. The premises licence holder shall ensure that notices are prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises.
2.2 No illegal drugs shall be permitted on the premises and anti-social behaviour will not be tolerated. All patrons will be made aware of a zero tolerance to drugs and anti-social behaviour on the premises. Notices shall be prominently displayed and maintained in respect of these matters.
2.3 The premises licence holder shall operate a ‘driver’s shelf’ selection of non-alcoholic drinks to promote the licensing objectives. Notices shall be displayed and maintained on the premises to deter drink driving.
2.4 An Incident log will be kept at the premises, recording all incidents and refusals of the sale of alcohol. It will be made available to an authorised officer of the Police or Council on request. It must be completed within 24 hours of the occurrence and must record: a) the date and time of occurrence, b) names of staff and persons involved (if known), c) details of all incidents, crimes reported, refusals of the sale of alcohol, ejections, seizures of drugs/weapons and/or the banning of customers, and d) any visits by relevant authorities or emergency services, and the purpose of the visit.
2.5 The premises shall install and maintain a comprehensive CCTV system. CCTV will cover all public areas where licensable activities take place, including entry and exit points. The CCTV system shall continually record whilst the premises is open for licensable activities and when customers remain on the premises. All recordings shall be stored for a minimum period of 30 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or an Authorised Officer. A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member will be able to show recordings to Police or an Authorised Officer with minimum delay when requested and be able to download relevant footage onto a disc or memory stick, which can be played back on a computer or other digital retrieval system, within 24 hours of a request for download. The CCTV system will be regularly checked to ensure that it is functioning correctly.
2.6 The premises licence holder shall ensure health and safety risk assessment are routinely undertaken to identify and rectify any hazards that might involve tripping, manual handling, electric shock, hazardous substances etc.
2.7 A logbook will be maintained detailing regular checks to ensure that smoke alarms, gas and electric appliances, gas supply, electrical wiring are all working correctly.
2.8 The premises licence holder shall ensure that a trained first aider and adequate supply of first aid materials shall be kept on the licensed premises whilst licensable activities are taking place.
2.9 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.
2.10 Contact details of local licensed taxi and private hire operators shall be made available for patrons at the licensed premises.
2.11 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.
2.12 All staff engaged in the sale of alcohol will be trained in Responsible Retailing to a minimum standard of BIIAB level 1 or equivalent within 4 weeks of commencing employment at the premises. This training can be administered in-house in accordance with the relevant criteria of this qualification. Training records shall be kept on the premises and produced to the Police/Local Authority on request. Training should be reviewed every 6 months to ensure that staff are up to date with the latest legislation and their training records endorsed accordingly.
2.13 Signage shall be clearly and prominently displayed at all entrance and exit points on the licensed premises, requesting patrons to minimise noise (both verbal and vehicular) when leaving, in consideration of the needs of local residents.