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 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
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
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 Authority to sell alcohol - Other than holders of a personal licence, no alcohol may be supplied by an individual unless that individual has the written consent of the Designated Premises Supervisor. A copy of this consent must be available on the premises at all times when any person supplies or proposes to supply alcohol which shall be made available immediately upon reasonable request of the police or licensing authority.
2.2 Non alcoholic drinks - In addition to water, other non-alcoholic beverages shall be available at all times whilst alcohol sale or supply takes place.
2.3 Training - Staff will be appropriately trained in accordance with their role, particularly at the point of service where they will be trained in respect of licensing offences, licence conditions and made aware of the Licensing objectives. Training will be refreshed every 12 months.
2.4 CCTV - The premises shall install and maintain a closed circuit television surveillance (CCTV) system which at all times complies with the below requirements:
i. The licence holder will be registered with the Information Commission as a data controller
ii. CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition;
iii. CCTV cameras shall cover all public areas including all entrances and exits and all areas where the sale of alcohol takes place;
iv. Equipment will be maintained in good working order, be correctly time and date stamped and recordings must be kept for a minimum period of 28 days;
v. At all times, whilst the premises is open for licensable activities, there will be a member of staff able to immediately provide viewable copies of recordings to the police or licensing authority staff upon reasonable and lawful request;
vi. The recording equipment and data storage devices shall be kept in a secure environment.
vii. Signs will be displayed at entrances and exits advising customers that CCTV is operating at the premises and shall be a minimum size of 200 x 148 mm and clearly legible at all times when the premises conducts licensable activities.
2.5 Other than alcohol sold to bona fide guests, alcohol sold as an off sale shall only be removed from the premises in a sealed container, which may include the recorking of a wine bottle or similar.
2.6 Alcohol sold on the premises between 08:00hrs and 10:00hrs will be made only for consumption on the premises for bona fide residential guests only.
2.7 The sale of alcohol for consumption ‘on’ the premises will cease 30mins before the end of permitted sales for alcohol.
2.8 The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
2.9 All emergency doors shall be maintained effectively, self-closing and not held open other than by an approved device.
2.10 Clear and legible notices will be prominently displayed at any area used for smoking, requesting customers respect local residents and use the area quietly.
2.11 The playing of recorded and live music shall cease within any outside area from 23:00hrs daily.
2.12 The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance.
2.13 No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00hrs and 08:00hrs [the following day].
2.14 Notices shall be prominently displayed at all exits and in the outside dining area requesting patrons to leave the premises in an orderly manner and respect the needs of neighbouring residents respect the needs of local residents by keeping noise to a minimum which shall be supervised by staff and management.
2.15 A Challenge 25 scheme shall be operated, whereby any person who appears to be under the age of 25 years of age is required to produce on request an item which meets the mandatory age verification requirement and is either a:
Proof of age card bearing the PASS Hologram;
Photocard driving licence;
Passport; or
Ministry of Defence Identity Card.
2.16 Children under the age of 16yrs will not be allowed to remain on the premises unsupervised, other than in accordance with current legislation.
2.17 Except for the purpose of smoking, the use of the external areas of the licensed premises shall cease by 23:00hrs daily. No drinking vessels shall be taken into this area after 23:00hrs and customers shall be requested not to use the French doors but use the main entrance doors to access this area for that purpose.
2.18 The premises holder shall ensure that noise levels are monitored inside and outside the premises during the times licensable activities are authorised, ensuring that noise levels are kept to a minimum. Where the level of noise or vibration is assessed as likely to cause a public nuisance to local residents, they shall cause that noise or vibration to be reduced as soon as is reasonably practicable. Where a reduction of noise or vibration is deemed as being necessary the premises licence holder shall record details - including time and date - and maintain a copy of that record for a period of 2yrs.
2.19 Regulated entertainment in the form of live and recorded music shall be played at a low volume and shall be incidental and ancillary to other activities authorised by the premises licence. This shall include the terrace area of the premises where music levels shall be limited to a level as agreed with local authority environmental services.
2.20 On all occasions noise levels shall remain under the direct control of staff and management, which shall be adjusted where advised by a police officer or authorised officer of the local authority.
2.21 With the exception of ingress and egress, all doors and windows shall remain closed when regulated entertainment is being provided and on occasion where the management assess the risk level of noise having the potential to undermine the licensing objective of public nuisance.
2.22 Performances of regulated live music shall be limited to not more than 2 (two) occasions per week. All such performances shall be unamplified and have a maximum total duration of performance of 2 (two) hours (not including breaks between sets) and a record of these occasions will be maintained and made available upon reasonable and lawful request by any authorised officer of the Licensing Authority or the police. Performances of regulated live music shall only take place inside the building.
2.23 With the exception of guests having left the premises to smoke, no person shall be admitted as a first entry after 23:00hrs
2.24 Off sales will only be provided to bona fide residents and their guests or those patrons having attended the premises and been supplied with a table meal.
2.25 The management will supervise the dispersal of patrons and proactively discourage noise or other public nuisance.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable