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.
M.9 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
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 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 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.5 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.6 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.7 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.8 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.9 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).
Annex 3 - Conditions attached after a hearing by the licensing authority
The following conditions shall now apply in respect of the application to vary the premises licence in respect of the Queens Head, 1 Station Road West, Stowmarket, IP14 1EF:
Whilst the premises are open for licensable activities, the premises licence holder shall ensure that full risk assessments are undertaken with the security provider and that the following provision of SIA registered door supervisors is met at the licensed premises:
Fridays - A minimum of 2 (two) SIA registered door supervisors on duty from 21:30hrs until 30 minutes following the termination of licensable activities. One SIA door supervisor shall, on such occasions, be deployed to monitor the patio area/outside bar.
Saturdays - A minimum of 3 (three) SIA registered door supervisors on duty from 21:30hrs until 30 minutes following the termination of licensable activities. One SIA door supervisor shall, on such occasions, be deployed to monitor the patio area/outside bar.
Where the capacity of persons on the premises is expected to exceed 200 persons a minimum of 4 (four) SIA registered door supervisors shall be on duty from 21:30hrs until 30 minutes following the termination of licensable activities.
All door supervisors shall be easily identifiable by means of high visibility clothing/uniform/fluorescent band and badge. All door supervisors shall upon commencing duties sign an attendance book. The attendance book shall, as a minimum, contain dates, times of door supervisors commencing and ending duties, SIA numbers, printed name and signature. The attendance book shall be made available to the police or an authorised officer of the licensing authority immediately upon request.
The Premises Licence Holder or his nominated representative shall suitably and sufficiently risk-assess events and other licensable activities and, in consultation with this door security provider, deploy commensurable levels, timings and locations of door supervision. Where the Premises Licence Holder’s risk-assessment in consultation with the door security provider identifies that it is appropriate for searches to be conducted on females then a minimum of one female SIA door staff shall be on duty.
The Premises Licence Holder or his nominated representative shall ensure that door supervisors, where so employed, shall ensure that if there is a queue outside of the licensed premises, that an orderly queue is maintained. Door supervisors shall monitor the full length of the queue for signs of drunkenness and ‘pre-loading’, anti-social behaviour or use/possession of illegal substances or weapons.
The Premises Licence Holder or his nominated representative shall provide on the licensed premises a secure deposit box for the retention of any confiscated items, and shall promptly notify the police of any items requiring safe disposal.
The Premises Licence Holder or his nominated representative shall ensure that there shall be no new customers admitted to the licensed premises from 1 (one) hour prior to the cessation of licensable activities on a Friday and Saturday night.
The Premises Licence Holder or his nominated representative shall ensure that all persons requesting re-entry to the licensed premises on Fridays and Saturdays, where appropriate shall be searched by an SIA registered door supervisor with records of such searches to be legibly recorded in a log book for that purpose. The log book shall be provided to an authorised officer of the Police or Licensing Authority upon request. Customers shall not be permitted entry or exit whilst carrying glass or alcohol. For the avoidance of any doubt, customers seeking re-admittance to the venue who are unable to be appropriately searched shall be refused re-admittance. For further avoidance of doubt, patrons that are observing the smoke-free legislation in the designated smoking-areas for the licensed premises, and whilst they have been under the direct control and supervision of the door supervisors, may be re-admitted to the licensed premises
The Premises Licence Holder or his nominated representative shall ensure that any spillages or breakages in public areas are promptly cleared and this shall include checking of the designated smoking area.
The Premises Licence Holder or his nominated representative shall ensure that guidance is sought from the relevant responsible authority prior to the use of any explosives, pyrotechnics, fireworks, smoke, foam or devices of a similar nature so as to promote the public safety objective. The Premises Licence Holder or his nominated representative shall create and implement a risk assessment prior to such explosives, pyrotechnics, fireworks, smoke, foam or devices of a similar nature being deployed at the licensed premises. This risk assessment shall be made available to responsible authorities immediately upon request.
The Premises Licence Holder or his nominated representative shall ensure that a reasonable competent individual shall, hourly, survey noise breakout from the licensed premises whilst regulated entertainment is being provided. Where the noise or vibration level is such that it is likely to cause disturbance to residential properties, he/she shall decrease the volume level accordingly. Where excessive noise is detected, details of the checks, including date, times and actions taken, are to be logged in a logbook and kept on the licensed premises for a minimum of two years. The logbook shall be made available to an authorised officer of the Licensing Authority or Responsible Authority immediately upon request.
The Premises Licence Holder or his nominated representative shall ensure that all doors and windows at the licensed premises, including the main entrance doors, shall be kept closed save for ingress and egress whilst the premises are open to the public for licensable activities, in order to minimise any noise escape. All such doors shall be fitted with self-closing devices.
Signage shall also be prominently displayed and maintained on the licensed premises advising customers to leave the premises quietly and to respect the needs of neighbouring properties.
The premises licence holder or their nominated representative shall operate a ‘Challenge 25’ proof of age scheme, ensuring prominent signage is displayed throughout the licensed premises. Bar staff and, where used, door staff shall request production of a proof of age photographic identity document where the individual seeking admission to the venue, or requesting sale of alcohol by retail appears to be under the age of 25 years. For these purposes acceptable forms of identity shall be a passport, driving licence or pass/similar accredited photo-identity card.
The premises licence holder shall ensure that suitable and sufficient training is undertaken by all members of staff in relation to the ‘Challenge 25’ policy and that refresher training is undertaken at least once every six months. Appropriate records of such training, including date, time and persons involved, shall be kept and made available to the police and/or local authority upon reasonable request.
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. In the case of refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol.
The Premises Licence Holder shall ensure that the incident register shall be kept at the premises for a minimum period of six months from the final entry date, after which the register shall be kept in accordance with data retention principles, and shall record the following matters:
All crimes reported to the venue, or by the venue to the police;
All ejections of patrons;
Any complaints received;
Any incidents of disorder;
Seizures of drugs, offensive weapons, fraudulent ID or other items;
Any faults in the CCTV system or searching equipment or scanning equipment;
Any refusal of the sale of alcohol; and
Any visit by a relevant authority or emergency service.
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 or an authorised officer of the licensing authority immediately upon request. Staff shall be diligent to monitor toilet areas for signs of, and to prevent, drug taking. This may include treating surfaces to reduce their potential for drug use.
Policies and logs will be written for the premises relating to the following categories:
Emergency procedures
Fire safety/evacuation plan
Refusals/banning policy
Prohibited items policy
Dispersal policy
Door policy
ID checks policy
Search policy
Hiring vetting policy
Smoking area policy
Disorder and ejection policy
Alcohol & social responsibility policy
CCTV policy and procedure
Special events policy
Customer complaints policy
Incident report form
Capacity log
Refusals log
Banned log
CCTV log
Ladies toilet check log
Gents toilet check log
These policies and logs shall be maintained so as up-to-date, accurate, relevant and subject to annual review. A copy of each policy shall be submitted to and approved by the police and licensing authority prior to its implementation. Each policy shall be fully implemented and in operation within 6 (six) months of 11th November 2014.
The Premises Licence Holder or designated premises supervisor shall ensure that any individual known to be banned under any active local PubWatch scheme, or court banning order, shall be refused entry to the licensed premises. The police shall be notified promptly, and in any event within 36 hours, of any attempt by a banned individual to gain access to the licensed premises.
The premises licence holder or their nominated representative shall ensure that 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.