ANNEX 1 - MANDATORY CONDITIONS:
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
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
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. Where one or more individuals are being used at the licensed premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority (unless where the individual is exempt from obtaining an SIA registration under the Private Security Industry Act 2001).
4. The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
5. The responsible person shall take all reasonable steps to 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 leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
(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 (other than
any promotion or discount available to an individual in respect of alcohol for
consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a
sporting event, where that provision is dependent on -
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
6. 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).
7. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
MANDATORY CONDITIONS 8 and 9 BELOW APPLY FROM 01 OCTOBER 2010:
8. (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.
9. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
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:
1: The premises licence holders shall ensure that:
(a) there shall be no playing of amplified live or recorded music in outdoor areas of the licensed premises;
(b) consumption of alcohol and playing of unamplified live or recorded music in outdoor areas of the licensed premises shall be restricted to the herb garden and farmer's market areas as identified in the plan attached as Annex 4 to premises licence BPL0339-005640;
(c) alcoholic products shall be stored securely in the restaurant and shop areas of the licensed premises, with both areas to be locked when the premises are not open to the public;
(d) the restaurant manager, chef, directors and designated premises supervisor (DPS) shall be the identified keyholders on site;
(e) there shall be at least one employee, or other responsible individual as nominated by the premises licence holders, available on the licensed premises for 24 hours per day;
(f) the licensed premises shall have an adequate alarm system installed and maintained;
(g) the restaurant manager and designated premises supervisor (DPS) shall receive adequate training on the promotion of the licensing objectives as shall waiting and bar staff;
(h) a photographic identity proof of age scheme shall be operated at the licensed premises, with only bona fide forms of identity such as a passport or driving licence with photographic image being acceptable;
(i) adequate risk assessments are undertaken once the restaurant building is complete;
(j) contact details of local taxi and private hire operators shall be made available in the restaurant area and provision made for patrons to leave their vehicle in the car park overnight if reasonably required;
(k) toughened glasses shall be used for the consumption of alcohol in outdoor areas of the site;
(l) any children on the licensed premises must be accompanied by a responsible adult on all occasions;
(m) customers, including children, shall be reminded of the need to wash their hands before eating if they have had any contact with farm animals or related material; and
(n) 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: The premises licence holders shall comply with the following conditions to control noise and promote the prevention of public nuisance licensing objective.
Note: In these conditions ‘Relevant Activity’ and ‘Relevant Activities’ shall mean the playing of amplified live or recorded music other than ambient music played in the Restaurant shown edged with an unbroken red line on the plan attached as Annex 4 to premises licence BPL0339-005640.
(a) A Relevant Activity or the performance of plays outdoors shall only be permitted if Pannington Hall, Pannington Hall Lane, Wherstead IP9 2AR is either (i) uninhabited; or (ii) occupied as a dwellinghouse by a director or employee of the company which is the Premises Licence Holder; or (iii) lawfully used for purposes other than a dwellinghouse and is either under the ownership or direct control of the Premises Licence Holder.
(b) The number of plays performed outdoors at the licensed premises shall be limited to not more than six per calendar year.
(c) The Premises Licence Holders shall maintain a log book to record the dates and times of all Relevant Activities held and all plays performed outdoors at the licensed premises. The log book records shall be retained on the licensed premises for a minimum of 2 years and shall be made available for inspection immediately upon the request of an authorised officer of the Licensing Authority.
(d) A Relevant Activity shall only be permitted in the Barn as delineated on the Block Plan submitted with the licence application, attached as Annex 4, and shown with a broken red line (‘the Barn’).
(e) The playing of unamplified music outdoors shall only be permitted in the Herb Garden as delineated on the Block Plan submitted with the licence application, and attached as Annex 4.
(f) Notwithstanding the requirements of Condition 2(e), the playing of music in the Herb Garden (as delineated on the Block Plan submitted with the licence application and attached as Annex 4) shall only be permitted between 12:00hrs and 19:00hrs.
(g) All external doors and windows to the Barn shall be kept shut during a Relevant Activity save to permit access to and egress from the Barn. All external doors to the barn shall be fitted with self-closing devices.
(h) Prior to the first Relevant Activity an electronic noise limiter of a type agreed with the Environmental Protection Department of the Licensing Authority shall be fitted within the Barn. The main control unit of the noise limiter (or a remote indicator and remote sound pickup microphone) shall be located in any area for dancing at a location to be agreed with the Licensing Authority.
(i) The noise limiter shall be wired to the Mains electricity supply to the amplifier(s) that is/are to be used in the Relevant Activity with the object and intent that the amplifier(s) shall be disabled in the event that the relevant noise levels are exceeded. The trigger level for the noise limiter shall be set at a level to be agreed in writing with the Environmental Protection Department at the time of the trial referred to in Condition 2(j). The noise limiter shall be retained thereafter and used at all times during a Relevant Activity. Once the limit has been set, the noise limiter shall be secured with a tamper-proof seal with a unique identification reference number. The Premises Licence Holder shall maintain a log book to record the date and time of all occasions when the tamper-proof seal is broken, by whom, the reason, and the unique reference number of the replacement seal(s). The log book records shall be retained on the licensed premises for a minimum of 2 years and shall be made available for inspection immediately upon the request of an authorised officer of the Licensing Authority.
(j) The Premises Licence Holder shall give at least 14 days notice to the Environmental Protection Department of the first Relevant Activity. At least 7 days prior to the commencement of the first Relevant Activity, the Premises Licence Holder shall conduct a trial (to be attended by the Licensing Authority) of the noise levels emitted from the Barn during the playing of amplified music so that the said noise levels do not exceed the following criteria:
The 5-minute LAeq (EN) shall not exceed the LA90 (WEN) and the L10 (EN) shall not exceed the L90 (WEN) in any 1/3 octave band between 40 and 160Hz.
Where: EN = Entertainment noise level; WEN = Representative background noise level without the entertainment noise; both measured 1m from the façade of Pannington Hall Cottage, Pannington Hall Lane, Wherstead IP9 2AR.
Thereafter the noise limiter referred to in Condition 8 above shall be set so as not to exceed the above mentioned noise levels. In the event that the Environmental Protection Department recommends that any works be undertaken to the Barn to further improve the soundproofing, then a similar trial to that mentioned above shall be undertaken following completion of the works.
(k) During operating hours on days on which a Relevant Activity is held, the Premises Licence Holder, the Designated Premises Supervisor or other responsible person nominated by the Designated Premises Supervisor shall be available to receive and respond to nuisance-related complaints. A contact number shall be readily available for that purpose.
(l) The volume or sound configuration of amplified music shall be turned down or adjusted upon the reasonable request (either in person or over the telephone) of an authorised officer of the Licensing Authority.
(m) Vehicles leaving the licensed premises after 17:00hrs on Monday to Saturday and 16:00hrs on Sunday shall be directed to depart via the exit route shown on the plan submitted with the licence application and attached as Annex 4 to premises licence BPL0339-005640.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY:
Not applicable.