ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003, and apply to all premises licences of this type:
M.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
M.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
M.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.
M.4 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.
M.5 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).
M.6 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
M.7 (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.
M.8 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
C.1 CCTV shall be installed and maintained on the licensed premises in the form of a recordable
system, capable of providing pictures of evidential quality in all lighting conditions particularly
facial recognition. Cameras shall encompass all ingress and egress to the premises, fire
exits, outside areas and all areas where the sale/supply of alcohol occurs. Equipment must
be maintained in good working order, be correctly time and date stamped, recordings must
be kept in date order, numbered sequentially and kept for a period of 28 days and made
available to Police to view on demand. The Premises Licence Holder shall ensure at all
times a DPS or appointed member of staff is capable and competent at downloading CCTV
footage in a viewable format on disc or storage device to the Police/Local Authority within 36
hours of a request. The recording equipment and discs shall be kept in a secure
environment under the control of the DPS or other responsible named individual. An
operational daily log report shall be maintained, endorsed by signature, indicating the system
has been checked and is compliant. In the event of any failings; actions taken are to be
recorded. In the event of technical failure of the CCTV equipment the Premises Licence
Holder/DPS shall report the failure to the Police and Licensing Authority immediately. It
should be noted that any retention, use or disclosure of personal information captured on
CCTV must be carried out in line with data protection principles which shall override any
conflicting element of this condition.
C.2 All bar staff engaged in the sale of alcohol to be trained in Responsible Alcohol Retailing to
the minimum standard of BIIAB level 1 or equivalent, within three months of commencing
employment at the premises. Existing staff shall be trained within six months of 01 June
2013. Training records shall be kept on the premises and produced to the Police and
authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this
training can be administered in-house in accordance with the relevant criteria of the formal
qualification. Training shall be reviewed six monthly to ensure staff are up to date with the
latest legislation and their training records shall be endorsed accordingly.
C.3 The premises licence holder shall implement the 'Challenge 25' scheme, ensuring prominent
signage is displayed throughout the premises and all staff are trained in its operation.
An ejection policy shall be implemented. Via appropriate use of the 999 service or other non-emergency
number, all instances of ejection of persons from the premises shall be notified
to the Police at the time of happening or as soon as possible thereafter. Where an offence of
violence has been committed any door supervisors or premises management shall retain the
offender for hand over to the Police, where they have powers to do so, or else shall take all
reasonable steps to identify the offender and pass the identity to the Police as soon as is
reasonably practicable. An incident book entry shall be made on all occasions; timed, dated
and signed by a member of staff.
C.4 An incident book(s) / refusals register shall be kept and maintained on the premises at all
times. The book(s) shall detail all incidents of injury/ejection/refusals/drug
misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author
and produced to Police/Authorised Licensing Officers on demand.
The toilet areas shall be checked whilst the premises are open for licensable activities. On a
Friday and Saturday the toilet areas will be checked at least every hour the premises are
open for licensable activities. A 'Toilet-check'log sheet will be endorsed to this effect and
made available to Police and Local Authority Licensing Officers on demand.
Policies and logs shall be written for the premises relating to the following categories:
Emergency procedures
Refusals/banning policy and log
Prohibited items policy
Checks policy
Smoking Area Policy
Disorder and ejection policy
CCTV policy, procedure and log
Dispersal policy
Special events policy
Incident report form
Toilet check log
C.5 These policies and logs shall be up-to-date, accurate, relevant and subject to annual review.
Signage, in not less than size 32 font, shall be clearly displayed prominently at the point of
access, toilet areas and exits in relation to age policy, drugs policy, search policy, CCTV
policy and dispersal policy. A list of licensed local taxi and private hire operator’s contacts
shall also be displayed at point of exit/entrance.
C.6 No person under the age of 18 shall be permitted on the licensed premises after 19:00hrs
whilst it is being used exclusively or primarily for the sale or supply of alcohol. Persons under
the age of 18 may be permitted on the premises whilst the premises are being privately hired
for a special event involving licensable activities but each person under 18 must be
accompanied at all times by at least one responsible adult. One adult cannot be the
responsible adult for more than four children. Special events shall be risk assessed on an
individual basis and shall comply with the premises Special Events policy.
C.7 All individuals, without any exception, subject to a local Pub Watch ban shall be refused
entry and excluded from the premises for the entire duration of their ban. All staff will be
alerted to the banned persons by the Pub Watch representative and report any attempt that
such persons make to gain access to the premises to the Police.
C.8 The designated premises supervisor (DPS) shall ensure that all staff are clearly instructed to
not allow any drinking vessels to be removed from the premises by customers. Empty
drinking vessels shall be regularly collected so as to ensure no accumulation in areas where
the public have access.
C.9 All instances of drunkenness, disorder, drug use or violence shall be challenged, resulting in
the ejection or retention of the individual(s) and under serious circumstances, consideration
shall be given to their permanent exclusion from the premises in future.
C.10 The volume control of any amplification equipment being used on the licensed premises
shall be under the direct control of the DPS/Manager, or another responsible individual
nominated by the DPS, on all occasions. At the direct reasonable request of an authorised
officer of the Local Authority or Police, the volume level shall be decreased.
C.11 Suitable and sufficient supplies of first aid materials shall be available at the licensed
premises during licensable activities and be readily available to all staff. The kits shall be
inspected weekly and replenished in the event of an item being used as soon as practicable.
An endorsed log sheet shall be contained in each kit. A sufficiently accredited first aid trained
person shall be on duty at all times when the premises operate for licensable activities. In
the event that a first aider is not available this shall be recorded in the incident book and the
Licensing Authority will be informed as soon as reasonably practicable.
C.12 Consumption of alcohol shall be restricted to the areas identified on the plan attached
(annex 4) to the premises licence (for the avoidance of doubt this is the rear patio and the
internal areas of the premises to which members of the public have access).