ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
.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 (“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.
1.5 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).
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 hours applied for regarding alcohol sales and opening hours are to ensure we can welcome our guests for overnight stays. This is the reason behind our application for 24 hours on both.
2.2 All staff shall be suitably trained for their job function for the premises. The training shall be written into a program ongoing and under constant review and shall be made available to a relevant responsible authority when called upon.
2.3 A CCTV system shall be installed to cover all entry and exit points enabling frontal identification of every person entering in any light condition.
2.4 The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public, whilst the premises is open for licensable activities. It shall operate during all times when customers remain on the premises.
2.5 All recordings shall be stored for a minimum period of 31 days with correct date and time stamping and shall be made available immediately upon the request of Police or an authorized officer of the council throughout the preceding 31-day period.
2.6 A staff member from the premises 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.
2.7 This staff member must be able to show a Police or authorized council officer recent data or footage with the absolute minimum of delay when requested. CCTV shall be downloaded on request of the Police or authorized officer of the council.
2.8 Appropriate signage advising customers of CCTV being in operation, shall be prominently displayed in the premises.
2.9 The premises shall upload a zero-tolerance policy in relation to illegal drugs.
2.10 A premises daily register shall be kept at the premises. This register shall be maintained and kept for a rolling period of 12 months.
2.11 The register shall record all incidents which may have occurred which are relevant to the supply of alcohol and the promotion of the licensing objectives. Such incidents shall include, but not be limited to, complaints made to the premises alleging nuisance or anti-social behaviour by persons attending or leaving the premises and all refusals to sell alcohol.
2.12 The register shall be readily available for inspection by an authorized person upon reasonable request.
2.13 Super-strength lagers, beers and/or ciders, ie those with an ABV of 6.5% or higher, shall not be sold at the premises.
2.14 All exit routes and public areas shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.
2.15 The premises licence holder shall ensure that a suitable fire risk assessment and emergency plan in in place at all times.
2.16 Regular checks and maintenance shall be carried out on all equipment, electrical installations, emergency lighting and fire alarms and equipment to ensure their continued safe operation. A written record of these checks shall be kept and made available to an authorized officer of the licensing authority.
2.17 Empty glasses and bottles shall be removed from public areas quickly and efficiently.
2.18 An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.
2.19 All outside events shall be risk assessed for the potential public nuisance from noise and the assessed noise management plans shall be implemented when required.
2.20 Disposal of Waste bottles into external receptacles where the noise shall be audible to neighbouring properties shall not occur between 19:00 hours and 07:00 hours on the following day.
2.21 No person shall be allowed to leave the licensed area whilst in the possession of any open drinking vessel or open glass bottle, whether empty or containing any beverage.
2.22 The management of the premises shall provide contact details to local residents and put in place a complaints procedure for those residents who wish to make a complaint.
2.23 The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and ensure that there is no public nuisance.
2.24 A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are the following recognized photographic identification cards: a driving licence, a passport, a military identification card or a Proof of Age card carrying a ‘PASS’ logo.
2.25 Notices advertising that the premises operates a “Challenge 25” scheme shall be displayed in a clear and prominent position.
2.26 All occasions when persons have been refused service shall be recorded in the premises daily register.
2.27 The premises licence holder or Designated Premises Supervisor shall ensure that all management and staff who are not personal licence holders are fully trained and briefed on the four licensing objectives and Challenge 25 and they are adhered to.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
1. Maximum capacity of 100 guests for indoor events.
2. Maximum capacity of 50 guests for indoor pre-booked luncheons, afternoon teas and dining.
3. All events, luncheons, afternoon teas, and dining must be pre-booked (no “walk ins”).
4. All doors and windows will be kept closed during internal events, except for access and egress.
5. Guest will be allowed to smoke only in clearly designated Smoking areas.
6. The maximum number of guests using a designated smoking area at any one time will be 15.
7. Signs reminding guests to be mindful of neighbours and to make sure they conduct themselves in a respectful manner will be situated at appropriate positions to be seen by all guests at the licensed premises.
8. Guests attending internal events or dining shall not be permitted to take drinks outside after 23.00.
9. Recorded music will be noticeably quieter between 23.30 and 00.00.
10. There shall be no external events at the licensed premises until an assessment has been carried out by an independent expert (to be approved by the council’s Environmental Protection Service) and a noise management plan (verified by the council’s Environmental Protection Service) is published by the expert setting out the process and requirements to prevent any unacceptable noise disturbance to neighbouring residential properties. For the avoidance of doubt, should the independent expert determine it would not be possible to hold external events without unacceptable noise disturbance to neighbouring residential properties, no external events will take place.
11. All staff at the licensed premises will receive training on the operation of the noise management plan referred to in condition 10 above prior to working at any external event and shall receive refresher training every 6 months.
12. Maximum capacity of 120 guests for external events.
13. A maximum of 20, non-consecutive, external events will be held in each calendar year.
14. Deliveries and collections at the licensed premises shall not take place outside the hours of 06.00 and 19.00.
15. Children will not be permitted at the licensed premises unless accompanied by a responsible adult.