ANNEX 1 - MANDATORY CONDITIONS:
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
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
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. 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.
5. 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.
6. 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).
7. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
8. (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.
9. 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.
6. 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]
Every supply of alcohol under the premises licence must be made or authorised by the management committee (as premises licence holder).
Conditions agreed with the Police:
1. The premises licence holder will operate and maintain a refusals register which will include but is not limited to, the sale of alcohol which has been refused, persons suspected of being drunk or disorderly, persons who have been refused entry and any person(s) who have been ejected from the premises. The refusals register will be kept on the licensed premises and made available upon request to the Police or an Officer of the Local Authority.
2. The premises licence holder will ensure that for the duration of events outdoors, polycarbonate drinking vessels will be used at all times and that no drinks will be served in glasses or glass bottles.
3. During permitted hours, from the commencement until 24:30 hours (sale of alcohol for consumption off the premises), any sale of alcohol must be made in a seal container. After 24:30 hours up to the end of permitted hours 01:00 hours, no sale of alcohol in sealed containers to be permitted.
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:
General
The sale and supply of alcohol will only be permitted with the permission of an experienced bar manager who has this responsibility. This person will be appointed and supervised by Mendlesham Parish Council the premises licence holder.
Hirers will undertake to meet Health and Safety procedures in full and the premises will be maintained to meet the required Health and safety standards.
The prevention of crime and disorder
The sale and supply of alcohol will only be sold by bar staff under the direct control of the bar manager appointed by Mendlesham Parish Council the premises licence holder.
Whilst the premises are in use alcohol is kept within a locked bar area, with the keys under the control of the bar manager and the premises licence holder.
The premises licence holder will provide a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre.
The premises licence holder will ensure that drinks are only available for consumption from plastic vessels or toughened glass.
Where glass bottles are used, they will be retained or disposed of on the premises.
The premises licence holder will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
The premises licence holder will ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 500
The premises licence holder will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.
The premises licence holder shall ensure that public information notices about crime and disorder issues are displayed at the requested of the Council or the Police.
The premises licence holder will be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises.
The premises licence holder will ensure that lighting is provided outside the premises (and in their private car park) during the hours of darkness when any licensable activity takes place on the premises.
Arrangements for hire are made by hirer having to complete a hiring agreement which covers arrangements regarding alcohol. The premises licence holder will appoint a responsible and experienced bar manager who will have responsibility for the consumption & control of all alcohol on the premises.
The premises licence holder will supervise the performance of the bar manager and the use/control of alcohol events taking whatever actions are necessary to ensure that terms & conditions of the Premise Licence are fulfilled and that the local community is not adversely affected.
Public safety
Maximum numbers, procedures to prevent fire and evacuate and provision of first aid will be communicated and actioned by community centre trustees and hirers.
The premises licence holder will make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
The premises licence holder will make sure that all exit doors are easily openable and do not require the use of a key, card, code or similar means.
The premises licence holder will make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices.
The premises licence holder will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
The premises licence holder will make sure that Hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
The premises licence holder will make sure that Hangings, curtains and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment. The premises licence holder will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.
The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.
The premises licence holder will notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.
Access for emergency vehicles is kept clear and free from obstruction.
The premises licence holder will make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements.
The premises licence holder will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises.
In the absence of adequate daylight, the premises licence holder will make sure that the lighting in any area accessible to the public is fully operational.
The premises licence holder will make sure that Fire safety signs are adequately illuminated.
The premises licence holder will not alter Emergency lighting without prior notification to the Licensing Authority.
The premises licence holder will not provide temporary electrical wiring and distribution systems without notification to the licensing authority at least ten days before commencement of the work or prior inspection by a suitably qualified electrician.
The premises licence holder will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909. The premises licence holder will make sure that where temporary electrical wiring and distribution systems have not been installed by a competent person, they are inspected and certified by a competent person before they are put to use.
The premises licence holder will make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:
Building Electrical Installation
Emergency Lighting System
Fire Warning System
Gas boiler, calorifier or appliance
Oil fired boiler or appliance
Suspended ceilings
Portable fire fighting equipment
Temporary Electrical Installation
The premises licence holder will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request. The premises licence holder will make sure that an appropriately qualified medical practitioner is present throughout a sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.
Where a ring is used, the premises licence holder will make sure that it is constructed and installed by a competent person and inspected by a competent authority. Any material used to form the skirt will be fire-retardant.
The premises licence holder will ensure that at any wrestling or similar entertainment, members of the public do not occupy any seats within 2.5 metres of the ring.
The premises licence holder will not alter the premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.
The number of attendants on each floor in a closely seated auditorium will be as set out below:
Members of the audience present on a floor | Minimum number of attendants required to be present on that floor |
1-100 | One |
101 - 250 | Two |
251 - 500 | Three |
501 - 750 | Four |
751 - 1000 | Five |
Each additional 250 persons (or part thereof) | One |
The premises licence holder will make sure that attendants will be readily identifiable to the audience.
The following number of attendants will be present during film exhibitions (as set out in the tables below):
Number of members of the audience present on the premises | Minimum number of attendants required to be on duty |
1-250 | Two |
Each additional 250 members of the audience present (or part thereof) | One additional attendant |
Where there are more than 150 members of an audience in any auditorium or on any floor |
At least one attendant shall be present in any auditorium or on any floor |
The premises licence holder will not use any appliances utilising cylinders or containers of gas on the premises.
The premises licence holder will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes.
The prevention of public nuisance
The premises licence holder will provide adequate and suitable lidded refuse receptacles.
The premises licence holder will make sure that the outside of the premises is patrolled for litter after each event.
Hirers will undertake to ask people leaving the building to leave quietly and with respect to the needs of local residents.
The premises licence holder will be responsible for authorising specific non standard events, particularly those outdoors to protect the neighbouring residential community.
The premises licence holder will display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly. The premises licence holder will seek approval from the Licensing Authority (by means of a variation application) prior to the use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas.
The premises licence holder will make sure that the placing of bottles into receptacles outside the premises takes place at times that will minimise disturbance to nearby properties.
The premises licence holder will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
The premises licence holder will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site.
The premises licence holder will make sure that receptacles for refuse storage are maintained in a clean condition.
The premises licence holder will make sure litter is regularly cleared from the vicinity of the premises.
The protection of children from harm
Hirers will undertake to ensure that children are protected from harm whilst on the premises.
The premises will only be hired out for activities deemed to be suitable if children are present.
The premises licence holder will not exhibit any film unless -
a) It has received a "U", "PG", "12A", "15" or "18" certificate from the British Board of Film Classification; or
b) It is a current newsreel which has not been submitted to the British Board of Film Classification
Where films are classified by the film classification body, (British Board of Film Classification) the premises licence will make sure that children (persons under 18) are only admitted in accordance with the classification of the film:
U - Universal - suitable for audiences aged 4 years and over; |
PG - Parental Guidance - some scenes may be unsuitable for young children; |
12A - viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult; |
15 - viewing by persons aged 15 years and over; |
18 - viewing by persons aged 18 years and over. |
The premises licence holder will make sure that, Immediately before each exhibition of a film classified by the BBFC, there is a reproduction of the certificate of the Board for at least five seconds so as to be easily ready by all persons in the auditorium or, as regards a trailer advertising a film, a statement approved by the Board indicating the classification of that film. Where the Licensing Authority has made a recommendation on the restriction of admission of children to a film, the premises licence holder will make sure that notices are displayed both inside and outside the premises so that persons are aware of the classification.
The premises licence holder will make sure that a representation or written statement of the terms of any certificate given by the British Board of Film Classification is shown on the screen immediately before the showing of any film to which it relates and the representation or statement shall be shown for at least 5 seconds and in a form large enough for it to be read from any seat in the auditorium.
Where the admission to film performances is restricted by age, the premises licence holder will display a notice to the effect below:
PERSONS UNDER THE AGE OF (INSERT APPROPRIATE AGE) CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME
Where the films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. Note: This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person’s parent or legal guardian has first been obtained.
The premises licence holder will make sure that the backstage facilities are large enough to accommodate safely the number of children taking part in any performance.
The premises licence holder will make sure that the hirer for the show receives instruction on the fire procedures prior to the arrival of the children.
The premises licence will make sure that children performing in productions are kept under adult supervision at all times including transfer from stage to dressing room and anywhere else on the premises.
The premises licence holder will make sure that children are accounted for at all times in case of an evacuation or emergency.