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 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 (unless where the individual is exempt from obtaining an SIA registration under the Private Security Industry Act 2001).
1.4 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.
1.5 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).
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.7 (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.
1.8 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.
1.9 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
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
2.1 Licensable entertainment activities which take place in outdoor areas of the licensed
premises, and which involve amplified music or speech, shall be limited to not more
than 12 (twelve) per calendar annum and no more than 4 (four) in any calendar month.
Any such licensable activities in outdoor areas shall cease by 23:00 hours on all
occasions.
2.2 The part of any day on which an event takes place shall count as one event day for the purposes of this limitation. The number of smaller scale non-event day activities involving one or more licensable activity shall not be limited by this condition. For the avoidance of doubt an ‘event day’ for the purposes of this condition is a licensable activity involving a maximum of 4,999 persons.
2.3 The number of indoor events involving licensable activities is not limited by the premises licence, and these will mainly be corporate events or charity events.
2.4 There shall be a maximum number of 60 (sixty) wedding/functions related events involving licensable activities during a calendar year, with these activities to be held in a marquee/temporary structure located in the Abbot’s Hall grounds being part of the licensed site (as identified on the plan attached as Annex 4). All events of this nature shall terminate by 24:00 hours.
2.5 The volume control of any amplification equipment being used on the licensed premises shall be kept under the direct control of the Designated Premises Supervisor (DPS)/manager, or another responsible individual nominated by the DPS, on all occasions. At the direct request of an authorised officer of the local authority or police, the volume level shall be decreased immediately.
2.6 The premises licence holder shall create and implement an Event Management Plan (EMP), to promote the licensing objectives, for all public licensable events with an anticipated attendance of 2500 persons or more at any one time. A final version of the EMP and up to date site plans shall be sent by the premises licence holder to the Licensing Authority and all Responsible Authorities no later than 14 (fourteen) days prior to the first day of the event.
2.7 Any proposed revision to the EMP shall be notified to the relevant Responsible Authority before the master EMP is updated - which shall be as soon as reasonably practicable following the revision being notified. The premises licence, event management plan and risk assessments shall be kept with all other event documentation in the event control for the duration of the licensable event.
2.8 For outdoor events (including use of the marquee) during operating hours, the premises licence holder, DPS or authorised individual will be available to receive and respond to any nuisance related (or similar) complaint. The contact telephone for this individual shall be provided to the Licensing Authority and Environmental Protection Team for this purpose prior to the starting day of the event. The contact number and details will be provided on our website prior to the starting day of the event.
2.9 Before any outdoor public events or hirings (including events taking place in a marquee or temporary structure) shall take place, involving one or more licensable activity, the premises licence holder shall create a suitable and sufficient Noise Management Plan (NMP) which is documented and agreed with Mid Suffolk District Council’s Environmental Protection Team (EPT) at least 21 days before the first event is scheduled to take place. This document shall include a noise assessment/validation report to confirm acceptable noise levels. Where appropriate the NMP shall be incorporated with, or appended to, an Event Management Plan (EMP) and risk assessments for the relevant event. The final agreed NMP shall be submitted to the Licensing Authority no later than 7 days prior to the first day of the first event taking place. Thereafter this document shall be retained and adhered to and reviewed on an annual basis or sooner as appropriate to take account of any changes in the premises, where any changes are required these shall be approved by the Council’s EPT at least 21 days prior to the first day of the next event taking place and the agreed amendments lodged with the Licensing Authority no later than 7 days prior to the first day of the next event taking place.
2.9 The premises licence holder shall ensure that a robust hiring process and agreement is in place for third party hiring requests to include licensable activities, so as to ensure promotion of the licensing objectives.
Prevention of Crime and Disorder
2.10 The Premises licence holder shall ensure that all relevant members of staff receive and complete sufficient training in the following - Licensing law, offences in relation to prohibited sales and good practise in relation to promotion of the licencing objectives. Written records of training undertaken will be retained and made available to relevant authorities for inspection upon reasonable request. An appropriate training manual shall be operated and retained at the licenced premises. Refresher training shall be taken at least once every 12 months. Any new staff members will be trained within six weeks of taking their position and prior to undertaking any direct duties. For the avoidance of doubt this training may be administered in house or online in accordance with the relevant criteria.
2.11 High value alcoholic drinks shall be stored/displayed behind the counter in order to promote the prevention of crime and disorder.
2.12 An incidental/refusals register shall be maintained on the premises and kept up to date. The register shall be made available to an authorised officer of the Police or Licensing Authority upon request. This register shall include records of any crimes, complaints, incidents of disorder, visit by responsible authority or emergency responder and any faults in the CCTV system.
2.13 Crime prevention posters shall be displayed and maintained on the licensed premises relating to any prevalent crime in the local area.
2.14 A CCTV system is installed and shall be maintained on the licensed premises, with a minimum of six cameras covering the licensed premises. Recordings shall be accurately timed and dated and shall be retained for a minimum period of 31 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 data protection principles which shall override any conflicting element of this condition.
2.15 The premises licence holder shall conduct and record a risk assessment for each licensable event and activity to determine whether deployment of any SIA registered security operatives is appropriate, in accordance with any requirements in relation to carrying out a regulated activity.
2.16 The premises licence holder shall notify the Police of the nature of any outdoor events prior to commencement.
Public Safety
2.17 Outdoor events involving licensable activities shall be restricted to not more than 4999 persons, including performers, management, stallholders, staff and volunteers.
2.18 A two-way radio and communications system shall be utilised amongst all key staff connected with the management of the event including the stewards, security and first aid personnel.
2.19 The premises licence holder shall ensure that competent safety officers and stewards are on duty for the duration of the event tasked to co-ordinate any emergency response required in the event of a public safety incident.
2.20 For events involving licensable activities, the premises licence holder shall ensure that adequate provision of trained first aid personnel and first aid equipment are made available - commensurate with the nature and scale of the event.
2.21 The Premises Licence Holder shall ensure that at all times whilst the public are present there is at least one competent person able to administer first aid, and that an adequate and appropriate supply of first aid equipment and materials is available on the premises. Adequate records shall be maintained in relation to the supply of any first aid treatment.
2.22 All stewards shall be fully briefed on the emergency plan and public safety measures in place for the event prior to the commencement of any licensable activity.
2.23 The premises licence holder shall ensure that adequate arrangements exist for the safe evacuation of any disabled persons on the licensed site, in the event of an emergency situation.
2.24 The premises licence holder shall ensure that a competent designated event safety officer is on duty for the duration event, with that individual tasked to co-ordinate any emergency response required in the event of a public safety incident.
2.25 The premises licence holder shall ensure that access routes for emergency vehicles coming onto the site are maintained and kept clear from any obstruction.
2.26 The premises licence holder shall ensure that suitable and sufficient public safety checks and risk assessments of the site are completed, and determined satisfactory, prior to any admission of the public to the licensed premises.
2.27 All staging, marquees or temporary structures used at the licensed venue shall have suitable and sufficient risk assessments carried out and shall be erected, maintained and supervised by competent, and appropriately qualified where necessary, persons. Such persons shall (if requested) be able to demonstrate to responsible authorities that they have the relevant credentials to safely install and operate such structures.
2.28 To promote public safety and the prevention of public nuisance, the premises licence holder shall prohibit the use of all airborne launched lanterns, latex balloons and similar free-floating devices containing a naked flame, fuel cell, helium gas or similar elevation mechanism - whether the device is specified as bio-degradable or otherwise. Such lanterns or devices are commonly known as Chinese Lanterns, Sky Lanterns, Flying Lanterns, Glowing Lanterns, Night Sky Lanterns, and Kongming Lanterns or similar. For the avoidance of any doubt static, fixed, hanging or waterborne ornamental or decorational lanterns, balloons or similar devices are not explicitly prohibited by this condition and consideration of such matters shall be for the event organiser’s own risk assessment.
2.29 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.
2.30 There shall be no consumption of alcohol permitted beyond the boundary of the licensed premises, as delineated on the plan attached as Annex 4.
Prevention of Public Nuisance
2.31 The premises licence holder or his nominated representative shall turn the music level down for the final hour of opening so that the music is discernibly quieter.
2.32 The premises licence holder or his nominated representative shall ensure that a 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.
2.33 Music in the marquee (location as shown on the Plan attached an Annex 4) shall be acoustic only.
The premises licence holder shall notify close residents 14 days in advance of any scheduled events taking place.
Protection of Children from Harm
2.34 The premises licence holder shall operate a suitable and sufficient child protection and welfare policy within the event management plan and this shall incorporate a clear and well communicated protocol for dealing with lost children and checking/vetting of any person given a role involving the care, supervision or welfare of children.
2.35 For outdoor events a designated ‘lost children’ point shall be identified and communicated/signed. There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
2.36 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, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 25.
2.37 Children under the age of 12 shall not be permitted on the licensed premises during licensed activities or events unless they are accompanied by an adult at all times.
2.38 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
2.39 Alcohol shall be displayed away from sweets and confectionary products.