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:
The Licensee shall ensure that all times when the premises are for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.
The licensee shall ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol, particularly regarding drunkenness and underage persons. The premises licence holder shall adopt a “challenge 25” proof of age scheme. The premises licence holder shall operate a requirement to produce a passport, UK photocard driving licence or PASS accredited photocard, where the individual requesting the supply of alcohol appears to be under the age of 25.
Crime prevention posters shall be prominently displayed and maintained on the licensed premises relating to any prevalent crime and disorder issue in the local area.
A risk assessment will be put in place to identify potential risks and strategies to prevent them.
The premises shall install and maintain a comprehensive CCTV system. CCTV will cover all public areas where licensable activities take place, including entry and exit points, enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and when customers remain on the premises. All recordings shall be stored for a minimum period of 30 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or an Authorised Officer. A staff member 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. This staff member will be able to show recordings to Police or an Authorised Officer with minimum delay when requested, and be able to download relevant footage onto a disc or memory stick, which can be played back on a computer or other digital retrieval system. The CCTV system must be checked each week to ensure that it is functioning correctly and endorsed by signature in a log. In the event of technical failure of the CCTV equipment, the Premises Licence Holder or DPS will report the failure to the Police and Licensing Authority immediately.
The car park shall be adequately illuminated during the hours of darkness whilst licensable activities are taking place on the licenced premises. The premises will have a capacity limit to ensure public safety.
Appropriate fire safety procedures are in place including fire extinguishers, internally illuminated fire exit signs, numerous smoke detectors, all appliances are inspected annually. All emergency exits shall be always kept clear from obstruction.
Notices shall be prominently displayed and maintained on the licenced premises asking patrons to leave the premises and the area quietly.
The premises licence holder shall ensure that volume levels from recorded or live music are monitored by a responsible person. Monitoring shall take place both inside and outside 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.
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.
Children will be accompanied by an adult. All staff will be trained for UNDERAGE SALES PREVENTION.
All windows and external doors shall be kept closed after (21:00) hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons
No amplified music shall take place at the venue until a Noise Management Plan (NMP)has been submitted and agreed in writing by the Environmental Protection Team. The NMP and music noise level, as agreed shall be implemented and adhered to.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A