ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 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.
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 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 in a manner which carries a significant risk of undermining a licensing objective.
(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
(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.
1.4 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).
1.5 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.6 (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.
1.7 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: ½ 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
1.8 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:
2.1 The premises licence holder shall ensure that all relevant members of staff shall receive suitable and sufficient training to ensure the promotion of the licensing objectives with particular regard to the prevention of sales of alcohol to underage or drunken persons. The premises licence holders shall ensure that all members of staff receive and complete suitable and sufficient training to include licensing law, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objectives. Training records shall be accurately and legibly maintained and produced upon demand to an authorised officer of the Police or Licensing Authority. Refresher training shall be undertaken at least once every 12 months, with any new member of staff to be trained within six weeks of taking their position and prior to undertaking any direct duties in relation to the sale or supply of alcohol. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria.
2.2 The premises licence holder shall operate and maintain an adequate CCTV system at the licensed premises which shall operate at all times whilst licensable activities are taking place. The premises licence holder shall ensure that at all times there is a member of staff able to download CCTV footage in a viewable format. Recordings shall be retained for a period of 31 days and made available to the Police or Licensing Authority for inspection upon request, subject to compliance with Data Protection legislation.
2.3 There shall be no restrictions to hotel residents or their bona fide guests for the supply of alcohol or late-night refreshment on the premises provided payment is debited to the room number of a guest residing there and paid as part of their bill on check-out.
2.4 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 and the public are on the premises. External lighting should be of such specification and positioning so as to meet this objective without causing any public nuisance by light pollution.
2.5 The Designated Premises Supervisor, Manager or person nominated to act on their behalf, shall carry out regular checks of public areas to mitigate any potential risk to public safety.
2.6 Notices shall be prominently displayed and maintained on the licensed premises at each entrance/exit and in outdoor areas requesting customers leave the premises quietly and with consideration for local residents.
2.7 The premises licence holder shall ensure that there shall be no taking out of refuse, including glass bottles, or movement of refuse bins between the hours of 23:00 hrs to 07:00 hrs.
2.8 Customer arrival/dispersal shall be adequately managed by staff on duty at the premises so as to prevent disturbance to nearby residential properties.
2.9 The premises licence holder shall adopt a ‘Challenge 25’ proof of age scheme. The premises licence holder 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).
2.10 The premises licence holder shall ensure that there is a personal licence holder present on the premises at all times whilst licensable activities are taking place.
2.11 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
2.12 The premises licence holder shall ensure that volume levels from both live and recorded music are monitored by a responsible person throughout the duration of the activity. Monitoring shall take place both inside and outside of the licensed premises and due regard shall be had to whether the activity may lead to excessive noise at neighbouring properties. Appropriate remedial steps shall be taken in the event of any excessive noise levels being experienced.
2.13 The pool area will only permit the use of plastic drinking receptacles.
2.14 A log will be kept at the premises, recording any significant incidents or any refusal 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 will record: a) the date and time of the incident or refusal, b) names of staff and persons involved (if known), c) detail of the incident or refusal.
2.15 Incidents to be recorded should include (but are not limited to) - any crime or disorder, injuries to staff or customers, refusals of the sale of alcohol, ejections, banning of customers, seizures of drugs/weapons, or any visit by relevant authorities or emergency services and the purpose of the visit.
2.16 Prior to the commencement of any activities involving the emission of amplified sound A noise limiter, fitted with sockets to enable connection of amplified equipment within the premises must be fitted to the musical amplification system and set to limit the maximum level to 90dBA (within the Banquet hall as shown on the licence application drawing) so as to ensure that no noise nuisance is caused to local residents.
2.17 The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Protection team and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Protection team. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Protection team.
2.15 No additional sound generating equipment shall be brought into the venue or used within the Banquet Hall on the premises without being routed through the sound limiter device. Thereafter such devices shall be retained and operated in accordance with the approved specification and working order.
2.16 Access to the sound limiter and / or other equipment capable of emitting amplified sounds shall be afforded to Authorised Officers of the Environmental Protection Team at any time and the levels reduced as directed by them if there are justified complaints substantiated.
2.17 Admission to the Banquet Hall shall be through the premises foyer and lounge bar (indicated as G-10 on the plan) only.
2.18 A noise management plan to address the issues raised and requiring control as identified in the Sharps Redmore Acoustic assessment held on file for the venue (ref 1919251 dated 3 March 2020) shall be submitted for approval and implemented prior tp the commencement of any activities involving the emission of amplified sound.
2.19 The noise management plan will be reviewed, and the review recorded in writing annually by Jan 1st and each successive year detailing any complaints, concerns, actions and training completed.
2.20 No collections of waste or recycling materials (including bottles ) from the premises shall take place between 1800 and 0800 on the following day.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 Consumption of alcohol in all outdoor areas of the licensed premises shall cease at 23:00hrs each day.
3.2 Deliveries shall not be permitted between the hours of 20:00hrs and 06:00hrs.