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. 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.
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.
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]
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:
General
The opening hours of the premises have been extended to allow for longer "wind down" promoting the more gradual dispersal of customers. Within that longer trading period the hours during which licensable activities will be provided has been restricted but late night refreshment has been included to allow the continued service of hot drinks and snacks. As the majority of licensable activities are already provided at the outlet, the premises already takes comprehensive steps to meet the licensing objectives. No new risks have been identified in relation to the four licensing objectives except as set out below. We have considered the terms of your licensing policy in preparing this application.
The prevention of crime and disorder
Provision of a 30 minute extension of opening hours after the sale of alcohol ceases will promote this objective, as the last drinks will be consumed less quickly, there will be access to the toilet facilities and gradual dispersal of customers will result. Staff training covers the non service of drunks and drug awareness. Glasses will be collected regularly during the hours of opening. Proof of age identification will be requested by staff as required.
Public safety
Details of local taxi services are available for customer and staff use. Glasses will be collected regularly during hours of opening. Our risk assessments identify no risk of crowding. First aid kit is maintained on premises for customer and staff use. All other risks are already covered by existing legislation under Health and Safety laws.
The prevention of public nuisance
Noisy customers will be barred from using the premises. Details of local taxi services available for customer use. Regulated live and recorded music will cease at 24.00hrs apart form on New Yews Day when it will cease at 01.00hrs. A "wind down" period will then include the provision of late night refreshment continuing until end of alcohol sales and a period of 30 mins following that to allow for gradual dispersal of customers. During this time customers will be allowed to use the premises facilities. The pub garden will be closed at 24.00hrs.
The protection of children from harm
The restrictions set out in the Licensing Act 2003 apply. Staff are trained to ensure proof of age policy is applied. Children under proper supervision of an accompanying adult are allowed in the pub garden and all trading areas. No unusual risks of harm to children have been identified. In the event of any adult content on T.V. or amusement machines children will be excluded from that area. A first aid kit is available for customer use.