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 The Premises Licence holder will ensure all museum staff will receive and complete sufficient and suitable training to understand their obligations and responsibility in selling and serving alcohol as on and off sales at events, functions and shop in respect of the Licencing Act 2003 and in promotion of the licencing objectives. This training will prioritise our obligations in respect of anyone on the Premises demonstrating excessive levels of alcohol already consumed. All staff undertaking this training shall be over the age of 18 years.
2.2 The inductions for all new members of staff will include this training within one month of a start date and prior to taking part in any licensable activities. Training records will be kept, showing the date the training was undertaken and details of the training. These records shall include written acknowledgement that the member of staff understands their obligations in relation to the licencing objectives and has been authorised by the DPS to sell and serve alcohol on the Premises on their behalf. Refresher training will be carried out for each member of staff at least once in every 12 months. These records shall be available to the Licensing Authority and Police on request.
2.3 The Catering company invited to run the catering contract for the café and events/functions will be reminded of their obligation to follow the conditions of the licence held by the Premises Licence holder. The DPS shall ask for and record evidence that all Catering company staff have been trained to the standards required by the Premises Licence holder in accordance with the Licencing Act 2003. A record shall be kept of any staff member who hold a Personal Licence with record of their Personal Licence number and issuing authority.
2.4 Licensable entertainment activities which take place in outdoor areas of the premises, and which involve amplifies music or speech shall be limited to not more than 6 (six) per calendar year.
2.5 The Premises Licence holder shall ensure that a robust hiring process for third party hiring is in place to establish the serving and selling of alcohol and that the licensing objectives are promoted.
2.6 The Premises Licence holder shall maintain, and keep up to date, a Refusals & Incidents Register to record all details of such. To include date and time the refusal or incident took place including staff member details and a description of the event along with the action taken. This Register will record crime & disorder, complaints, damage to property, faults in the CCTV system and visits by responsible authorities. This Register shall be available to the Licensing Authority, Council Officers, and Police on request.
2.7 In the shop, three CCTV cameras are present across the two selling spaces and the entrance/exit corridor. Recordings will be held for a minimum of 31 days and made available to be viewed by authorised persons. 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.
2.8 In the shop, all alcohol for sale will be displayed in the main selling room always occupied by a member of staff.
2.9 A burglar alarm system shall be installed and maintained at the premises in order to promote the prevention of crime and disorder.
2.10 A Dispersal Policy will be in place for events and functions for the quiet dispersal of guests and visitors and the prevention of public nuisances during anti-social hours. All licensable activities shall not take place between the hours of 23.00 and 08:00. Licensable entertainment activities which take place in outdoor areas of the premises, and which involve amplified music or speech, shall cease at 22.00.
2.11 The DPS or responsible member of staff nominated by the Premises Licence holder shall be available on the premises during all hirings of the premises for licensable activities. No attendant shall be under the age of 18 years. Monitoring shall take place during all events and functions to minimise noise disturbance or nuisance to local residents whether through people, entertainment & vehicle noise, waste disposal, event set-up & breakdown. This monitoring shall take place inside and outside of the premises to establish excessive noise and appropriate remedial steps shall be taken in the event of excessive noise levels being experienced.
2.12 To minimise the risk of public nuisance, waste from the licensed premises shall be removed in a timely manner and no glass disposal shall take place after the hours of 21:00.
2.13 The Premises Licence holder shall ensure that notices are prominently displayed at all exits and a dedicated staff member present, both to remind all parties leaving the premises to keep noise levels to an absolute minimum to show respect and consideration to neighbours.
2.14 The Premises Licence holder shall conduct full risk assessments of all licensable activities held at the licenced premises. All risk assessment shall be available to the Licencing Authority, Council Officers and Police on request.
2.15 For licensable activities, the Premises Licence holder shall ensure that adequate provision of trained first aid staff and equipment are made available in relation to the nature and scale of the event.
2.16 The capacity of persons on the premises shall be monitored and controlled to ensure compliance of the maximum safe occupancy limit for the space/spaces where the event is taking place.
2.17 Guests and visitors to a licensable activity shall not be permitted to leave the premises with opened bottles or glassware.
2.18 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. Internal, external 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.
2.19 No performance or activities on the premises shall involve risk of danger to the public or buildings.
2.20 The Premises Licence holder shall ensure that highly flammable substances are not brought into or used on the premises. Combustible decoration or fireworks shall not be used. Unauthorised portable electrical appliances in relation to licensable activities shall not be permitted unless authorised by the Premises Licence holder and evidence provided that the appliance has been portable appliance tested (PAT).
2.21 Waste from the licensed premises shall be removed in a timely manner and no glass disposal shall take place after the hours of 21:00 to minimise the risk of public nuisance.
2.22 There shall be no school visits or family events taking place at the same time as alcohol is served. No films with adult content shall be shown with children present and ticket sales will be advertised and sold accordingly. Children shall only be permitted on the licensed premises during licenced activities or events where accompanied and/or under the supervision of an adult.
2.23 In the shop, all alcohol will be displayed in the main selling room always occupied by a member of staff and positioned away from children related gifts and sweets.
2.24 The Premises Licence holder shall adopt a ‘Challenge 25’ proof of age scheme and shall operate a requirement for the production of a passport, driving licence, military identification or proof of age card bearing the PASS hologram where the individual requesting or purchasing the supply of alcohol appears to be under the age of 25.
2.25 Age related signs will be adjacent to all alcohol sold in the shop and at the till point to demonstrate that the scheme is in operation.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A