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 premises licence holder shall ensure that all relevant members of staff in both retail and catering receive suitable training that includes knowledge of licensing law, licensing objective and offences in relation to prohibited sales. The premises licence holders will hold records of training completed, which will be made available for inspection by an authorised officer when required. An electronic training manual is held and available both on and off site, and refresher training shall be undertaken at least every twelve months; all new staff over the age of 18 will be trained within their induction and before any sale of licensable products commences.
2.2 A CCTV system shall be installed and maintained throughout the licensed premises. Recording is digitally time and date stamped and digitally stored at site and remotely for a minimum period of one month. Recordings will be made available to an authorised officer or licensing authority with a member of staff being in duty with the ability to complete such requests.
2.3 No illegal drugs or non-retail alcohol shall be permitted on the premises, and all staff are aware of a zero tolerance to drugs or non-retail alcohol on the premises.
2.4 An incident book will be held and maintained on the premises. The book shall be made available to an authorised police officer or licensing authority upon request. The incident book will record any crime, complaints, safety incidents, disorder and any refusal to serve alcohol that has been upheld, it will also include any faults in the CCTV and any other such incidents.
2.5 The premises licence holders will carry out full risk assessments appropriate for proposed premises operation which shall be made available to an authorised officer or licensing authority.
2.6 The premises licence holder will ensure sufficient that adequate provision is made for first aid equipment, and that at all times that the public are present there is at least one competent person able to administer such first aid. Provision of access routes for emergency vehicles shall be maintained.
2.7 The premises licence holder shall ensure that regular electrical safety checks are carried out at least every 12 months, and records maintained and made available to an appropriate officer or licensing authority.
2.8 Satisfactory and well-maintained sanitary facilities shall be in place, adequate and appropriate lighting and emergency lighting will be installed and maintained and appropriate ventilation systems will be put in place.
2.9 During opening hours, an appropriate representative shall be available to receive, respond and deal with any nuisance-related complaints, either in person or via a publicly available telephone number.
2.10 No members of the public shall be permitted to leave the premises with an open container of alcohol. Consumption of alcohol shall only be permitted in the designated dining area.
2.11 The premises licence holder shall take all reasonable steps and precautions to minimise the risk of public nuisance or disturbance. This will include out of hours cleaning, deliveries, waste disposal, events and car park activities.
2.12 The premises licence holder will employ a 3rd party security company to uphold these licensing objectives outside of normal opening hours and report any incidents.
2.13 The premises licence holder will conduct sufficient risk assessments prior to any activity conducted that falls outside the day-to day normal activities and monitoring of public nuisance or disturbance will factor into such risk assessment. These will be made available to an appropriate officer or licensing authority when required.
2.14 The premises licence holder will ensure all relevant staff are trained in understanding of the law in relation to consumption of alcohol by persons under 18 years of age, including prevention of adults buying alcohol for children.
2.15 The premises licence holder shall implement and formalise a stated policy about who should be challenged for proof of age, anyone who looks under 25 years of age (Challenge 25). This must be a passport, drivers’ licence or other ID with PASS hologram.
2.16 Alcohol will be retailed away from sweets and other such items that might appeal to children and shall take measures to ensure that seating arrangements are suitable for children.
2.17 The appropriate ePOS system shall flag, and record any sales of alcohol, prompting verification of the purchaser’s date of birth, as well as the cashiers date of birth if under 18. No sale of alcohol for consumption on or off the premises will be conducted by any one under 18 years of age.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
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