Annex 1- Mandatory Conditions
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 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
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 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).
1.4 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.5 (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.
1.6 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: ½ 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.
1.7 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 premises licence holder shall ensure that all members of staff are trained in the basic law relating to the sale/supply of alcohol.
No illegal drugs shall be permitted on the premises, and all staff and patrons shall be made aware of a zero tolerance to drugs on the premises.
The premises licence holder or their nominated representative shall participate in any active local Pub Watch scheme.
The premises licence holder shall ensure the premises are adequately illuminated, during the hours of darkness, whilst the premises are being used for licensable activities.
A suitable CCTV system shall be installed and maintained on the licensed premises.
All appliances and emergency lights shall be checked and serviced regularly and all portable electrical equipment shall be inspected and PAT tested at least annually.
Contact details of local licensed taxi and private hire operators shall be made available for patrons at the licensed premises.
The premises licence holder shall ensure that empty drinking vessels are regularly collected.
All interior trading areas and toilets shall be monitored by staff on duty whilst the premises are being used for licensable activities.
Staff shall monitor the activity of patrons leaving the premises and remind them to act in a responsible manner and consider the needs of neighbours.
The premises licence holder shall ensure that adequate provision is made for the collection and disposal of waste and litter at the licensed premises
The premises licence holder shall ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
Children shall be accompanied by a responsible adult at all times.
The premises licence holder shall adopt a ‘Challenge 25’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, UK photo card driving licence or PASS accredited photo card, where the individual requesting the supply of alcohol appears to be under the age of 25.
The garden bar will only be used between the hours of 11.00 hours and 23.00 hours daily.
The garden bar will be supervised at all times when in use.
The garden bar will be inaccessible to customers when not in use to ensure they do not have access to any alcohol.
Children shall not be permitted on the premises after 21.00 hours unless partaking in a meal or function, when they shall be permitted to remain until the end of that meal or function.
Annex 3 - Conditions attached after a hearing by the licensing authority 1. There is to be no sale or supply of alcohol in the external drinking area as shown on the plan lodged with the application after 23.00 on any day. 2. There is to be no consumption of alcohol in the external drinking area as shown on the plan lodged with the application after 23.30 on any day. 3. The applicant is to erect at least two signs in a prominent position near the entry and exit points to the premises asking patrons to leave quietly and respect local residents. 4. The applicant is to collect and remove all glasses from the external drinking area as shown on the plan lodged with the application prior to the premises closing each day. 5. There is to be no regulated entertainment outdoors after 23.00 on any day. 6. All external doors and windows are to be kept closed during the staging of regulated entertainment indoors at the premises (except when patrons are entering or exiting the premises. |