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]
1.8 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.
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:
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 zero tolerance to drugs on the premises.
The premises licence holder shall ensure that adequate numbers of staff are on duty whilst the premises are open for licensable activities.
Plastic or toughened glasses shall be used for any events involving licensable activities in outdoor areas of the premises.
All internal areas (including toilets) and external areas shall be monitored by staff on duty whilst the premises are being used for licensable activities.
All appliances and emergency lights shall be checked and serviced regularly and all portable electrical equipment shall be inspected and PAT tested annually.
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 the premises are adequately illuminated, during the hours of darkness, whilst the premises are being used for licensable activities.
The premises licence holder shall ensure that adequate provision is made for the collection and disposal of waste and litter at the premises.
Drinking from bottles shall not be permitted. Drinks shall be decanted prior to serving.
The premises licence holder shall operate a ‘drivers shelf’ selection of non-alcoholic drinks to promote the licensing objectives. Notices shall be displayed and maintained on the premises to deter drink driving.
Contact details of local licensed taxi and private hire operators shall be made available for patrons at the licensed premises.
Signage shall be clearly and prominently displayed at all entrance and exit points on the licensed premises, requesting patrons to minimise noise (both verbal and vehicular) when leaving, in consideration of the needs of local residents.
The premises licence holder shall ensure that a trained first aider and adequate supply of first aid materials shall be kept on the licensed premises whilst licensable activities are taking place.
The premises licence holder shall ensure that all windows and doors are kept closed after 22.30 hours save for ingress and egress from the premises.
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 photocard driving licence or PASS accredited photocard, where the individual requesting the supply of alcohol appears to be under the age of 25.
Children shall only be permitted in dining areas of the licensed premises save for access or egress or unless passing through to use the toilet or the garden area.
Children shall be accompanied by a responsible adult at all times.
Children shall not be permitted on the licensed premises after 21.00hrs.
Children’s play equipment shall be regularly checked and shall only be used when supervised by a responsible adult.
A CCTV system shall be installed and maintained on the licensed premises.
Recordings shall be accurately timed and dated and shall be retained for a minimum period of 28 days. Recordings shall be made available to an authorised officer of the Police or Licensing Authority upon request, and a member of staff competent at downloading/accessing images shall be on duty at the premises whilst it is open to the public. Notices specifying CCTV surveillance is operating shall be displayed prominently at the premises. It should be noted that any retention, use or disclosure of personal information caught on CCTV must be carried out in line with the date protection principles which shall override any conflicting element of this condition.
The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises. It is recommended that the programme be published on any website for the premises and be displayed and kept updated in the immediate vicinity of the premises.
The premises licence holder shall ensure that volume levels from films, along with both live and recorded music are monitored by a responsible person throughout the duration of the activity. Monitoring shall take place both inside and outside of the licensed premises and due regard shall be had to whether the activity may lead to excessive noise at neighbouring properties. Appropriate remedial steps shall be taken, and recorded, in the event of any excessive noise levels being experienced.
All external doors and windows to rooms in the building in which amplified music/speech is played shall be kept closed during the entertainment activity, other than to permit access to and egress from the building.
Entertainment activities which take place in outdoor areas of the licensed premises and which involve films, amplified music or speech, shall be limited to not more than 12 (twelve) events per calendar annum and no more than 1 (one) event in any calendar month. Any such licensable activities shall cease by 21:00 hours on all occasions.