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 -
(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.
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably 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:
2.1 Outdoor recorded music shall be low level, background or incidental only to persons taking a table meal.
2.2 No person under the age of 14 shall be in the bar of the licensed premises during the permitted hours, unless one of the following applies:
(a) He is the child of the holder of the premises licence
(b) He resides in the premises, but is not employed there
(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress
In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
2.3 No person under the age of 18 years shall be permitted on the licensed premises after 21:00hrs, whether accompanied by an adult or not.
2.4 All use of external areas of the licensed premises shall cease by 23:20hrs on all occasions, with the exception of the smoking-shelter for patrons wishing to smoke. For the avoidance of doubt, no drinking vessels shall be taken into the smoking-shelter.
2.5 The premises licence holder shall install and maintain a recordable CCTV system at the licensed premises, incorporating not less than six digital cameras covering both of the bars and entrances, the corridor by the toilets and the beer garden. The CCTV system shall be operational for the duration of the times that the premises are open to the public. Monitoring, retention of data and other operation of the system shall be in accordance with data protection principles and any relevant guidelines issued by the Information Commissioner’s Office. Signage shall be displayed and maintained on the licensed premises alerting patrons to the CCTV system in operation.
2.6 Suitable and sufficient lighting shall be installed and maintained in the beer garden areas to deter anti-social behaviour of patrons and reduce the risk of drug taking. It is recommended that the premises licence holder liaises with the local Environmental Protection Officer to ensure that any lighting installations are of such positioning and specification so as to reduce any risk of causing light pollution nuisance to neighbouring properties.
2.7 The premises licence holder shall adopt a ‘Challenge 21’ 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 21.
2.8 All relevant members of staff shall be suitably and sufficiently trained in operation of the ‘Challenge 21’ scheme and main licensing law and offences.
2.9 The premises licence holder shall operate a zero-tolerance policy in respect of drug use/dealing and anti-social behaviour of staff or patrons on the licensed premises. Signage in relation to the drugs policy shall be prominently displayed in all main areas to which the public have access, including in the toilets and beer garden. The premises licence holder shall ensure that staff are vigilant and take all reasonable precautions to reduce or impede the availability of surfaces which may be used for drug-taking. Regular toilet-checks shall be undertaken and recorded so as to help enforce the policy.
2.10 Management and staff at the premises shall be in communication, whether by internal two-way radio or other suitable method, during busy trading periods so as to aid supervision of the premises and security of the public.
2.11 The premises licence holder shall ensure that regular perimeter checks are made of the building, and legibly recorded, during the hours of opening and close of business to check for litter, broken glass or any other issues relevant to promotion of the licensing objectives.
2.12 Empty and used glassware and waste/litter shall be regularly collected and securely removed and stored away from public areas to minimise the risk of breakages or use of glass as a weapon. Pool cues shall be stored behind the bar whilst the pool tables are not in use.
2.13 All spillages or breakages shall be dealt with immediately so as to reduce any risk to public safety.
2.14 Secondary glazing shall be maintained at the licensed premises to reduce the risk of any noise breakout nuisance to neighbouring properties from amplified music or other activities. Extraction units shall be suitably and sufficiently sound attenuated and self-closing devices shall be installed and maintained to entrance doors and lobby doors so as to mitigate any public nuisance from noise.
2.15 Signage shall be displayed and maintained at entrance and exit points alerting patrons of the need to leave the premises and locality quietly and with consideration to the needs of neighbouring residents and properties.
2.16 The premises licence holder shall ensure that patrons are not permitted to smoke or litter at the front of the premises.
2.17 The premises licence holder shall ensure that all reasonable measures to reduce noisy or rowdy exit of patrons from the premises and vicinity are taken, for example, but not limited to, the handing out of lollipops/confectionery, late night refreshment or other goods or items to aid with dispersal. Diligence should be exercised in relation to any items which may potentially increase littering in the vicinity of the premises (for example gum or food packaging).
2.18 The premises licence holder shall operate a till prompt system to aid staff in checking for proof of age. An incident and refusals register shall be kept and maintained on the premises at all times including age challenge.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Hearing 04.04.2014 (report N125): None other than those derived from the operating schedule or agreed with the Environmental Protection Officer.