ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 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 (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]
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).
1.8 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
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
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 relevant members of staff are adequately trained in legislative requirements relevant to the operation of the licensed premises.
2.2 The premises licence holder shall conduct a periodic risk assessment of the licensed premises in accordance with any legislative requirements.
2.3 The requirement for door supervisors shall be determined by a management risk assessment, and any door supervisors employed by the premises licence holder shall be licensed by the Security Industry Authority.
2.4 The premises licence holder shall comply with any reasonable requirements of the local Fire Officer applicable at the time of completion of the works at the licensed premises.
2.5 The premises licence holder shall comply with any reasonable requirements of the local Environmental Health Officer, to include matters relating to acoustic measures, noxious smells and refuse.
2.6 Notices shall be prominently displayed and maintained on the licensed premises asking patrons to leave quietly.
2.7 Provision of late night refreshment shall be for consumption ON the premises only.
2.8 CCTV shall be installed inside and outside of the licensed premises and shall be maintained in adequate working order.
2.9 CCTV equipment installed on the premises shall cover such areas of the licensed premises used for licensed activities as may be stipulated by the Police.
2.10 In the event that the CCTV equipment becomes inoperable, the premises licence holder or nominated person shall undertake and record a risk assessment justifying any remedial action that needs to be implemented. In any case the CCTV must be adequately repaired within 7 days of it becoming inoperable.
2.11 CCTV equipment shall be set to record from the time that the licensed premises open to the public until the time the premises closes and all members of the public have left the premises.
2.12 CCTV equipment covering external areas of the licensed premises shall be set to continuously record for not less than 30 minutes after the closure of the premises to the public, in order to monitor members of the public congregating outside of the premises prior to their dispersal.
2.13 CCTV recordings shall be retained for a minimum period of 28 days and shall be made available to an authorised officer of the Police upon demand.
2.14 Notices shall be prominently displayed and maintained on the licensed premises advising the public that CCTV is operational on the premises.
2.15 The premises licence holder shall ensure that there are adequate staffing levels present on the licensed premises to ensure that empty drinking vessels are cleared away promptly, and to provide a visible presence for patrons in public areas of the licensed premises.
2.16 Beverages shall be served in plastic or toughened glassware, where available, however where the drink is supplied in glassware that is not toughened then ‘empties’ shall be collected regularly and diligently.
2.17 Where glass bottles are used they shall be retained or disposed of on the premises.
2.18 Customers shall not be permitted to leave the licensed premises whilst carrying open bottles or glasses.
2.19 The premises licence holder shall follow the ‘Challenge 21’ guidelines issued by Suffolk Constabulary. Any person selling or supplying alcoholic drinks on the licensed premises shall ensure that they request photographic identity proof of age where they have reason to suspect that that the individual may be under 21 years of age.
2.20 The premises licence holder shall adopt and implement a policy on prohibited substances in agreement with the Police and Local Authority.
2.21 The premises licence holder shall ensure that a secure deposit box is kept on the licensed premises for the retention of confiscated items, and shall ensure that the Police are advised of any items requiring safe disposal.
2.22 The premises licence holder shall ensure that public information notices/leaflets concerning prevention of crime and disorder issues shall be displayed at the licensed premises, as may from time to time reasonably be requested by the Police or Local Authority.
2.23 Notices shall be displayed and maintained immediately outside of the licensed premises concerning any restrictions on admittance of individuals according to age.
2.24 Any conditions relating to entry to the premises shall be displayed in the vicinity of the entrance to the licensed premises.
2.25 The premises licence holder, or their nominated representative, shall actively participate in any local Pubwatch/Nightsafe scheme operating in the locality.
2.26 The premises licence holder shall join a leisure link radio scheme, or similar scheme, where such a scheme is available in the locality of the licensed premises.
2.27 No person under the age of 18 shall be permitted on the licensed premises after 23:00hrs unless accompanied by an adult. Children under the age of 16 shall not be permitted entry to the premises at any time whilst it is trading unless accompanied by an adult.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The volume control of any amplification equipment being used at the licensed premises shall be kept under the direct control of the designated premises supervisor (DPS), or an individual nominated by the DPS, with provision made for the sound level to be turned down upon the direct request of an authorised officer of the Local Authority or Police.
3.2 All windows and doors shall be kept closed (save for access or egress) during any potentially noisy activities at the licensed premises.