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]
Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must
() be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
() be entitled to carry out that activity by virtue of section 4 of that Act.
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:
Larger scale outdoor public events (including events held in marquees/temporary structures)
2.1 There shall be not more than 3 (three) events per calendar annum involving licensable activities for 5000 (five thousand) or more persons. No event shall exceed 8000 (eight thousand) persons at any one time - including staff, performers or contractors.
2.2 There shall be not more than 6 (six) events per calendar annum involving licensable activities for up to 4999 persons at any one time, in addition to a maximum of 10 (ten) mid-week garden openings which include licensable activities.
2.3 All events included in 2.1 and 2.2 above shall be limited to between the months of May and September and shall cease by 22:30hrs (Monday to Sunday).
2.4 There shall be no more than one event in December (over two days between 10.00 to 20.00 on each day) for a Christmas Market restricted to no more than 1000 people at any one time.
Wedding and private events involving licensable activity
2.5 There shall be not more than 15 (fifteen) wedding events to be held in either the Coach House or marquee/temporary structure. For such events all sale and supply of alcohol shall cease by 23:30hrs and regulated entertainment shall cease by midnight. All wedding events shall be limited to between the months of April and October.
For all licensable events referred to in 2.1 to 2.5 above
2.6 Suitable and sufficient event documentation and records shall be collated and maintained regarding all events, to include the maximum anticipated capacity at any one time. This information shall be made available to an authorised officer of the Licensing Authority or a Responsible Authority upon reasonable request.
2.7 All hirers, event organisers and suppliers/contractors shall be made aware of the premises licence terms and conditions by the premises licence holder prior to the commencement of a licensable event or activity.
2.8 All staff involved with the sale or supply of alcohol shall have been suitably and sufficiently trained regarding relevant licensing law, offences and good practice - including refusals of sales for suspected underage, proxy sales or drunkenness. Staff shall also be briefed on the mandatory requirement to not carry out any irresponsible drinks promotions.
2.9 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. Please refer to the mandatory condition (Annex 1) in relation to use of registered security operatives. Where provision of security is deemed appropriate the premises licence holder shall liaise with the provider to agree a suitable and sufficient security plan, and retain this with the event documentation.
2.10 The premises licence holder shall take all reasonable precautions, including via event promotion material, to limit the amount of alcohol persons attending events are available to bring on to the site for their own consumption. The premises licence holder’s policy relating to glass or bottles on site shall also be communicated.
2.11 All beverages sold or supplied on site shall be dispensed into plastic or polycarbonate drinking vessels. No alcohol or late night refreshment shall be permitted to be consumed beyond the boundary of the estate.
2.12 The premises licence holder shall conduct suitable and sufficient public safety risk assessments and health and safety audit for each event involving licensable activities. For larger events (including all events with a anticipated capacity at any one time of 5000 or more persons) such risk assessments shall be legibly recorded and collated into an Event Management Plan (EMP) document which shall be maintained on site, preferably at the event control location. This information shall be made available to an authorised officer of the Licensing Authority or a Responsible Authority upon reasonable request.
2.13 The premises licence holder’s risk assessments, including referencing HSE publication HSG195 (or any successor guidance), shall inform the premises licence holder’s arrangements for ensuring that an appropriate number and level of staff, stewards, security and medical operatives are in place for each licensable event.
2.14 The premises licence holder shall liaise with the local Safety Advisory Group (SAG), where such a scheme is available in the Licensing Authority’s area, regarding all events with an anticipated capacity of 5000 or more persons at any one time, and if requested shall submit relevant information regarding event planning to that group for review in accordance with any reasonable timescale. Events for less than 5000 persons may also be referred to the SAG where considered appropriate by the event organiser, premises licence holder or if so requested by the SAG.
2.15 All events and wedding activities shall be located and any sound projection directed (for example for staged events) to minimise any risk of causing public nuisance to nearby properties or residences.
2.16 The premises licence holder, designated premises supervisor (DPS) or other responsible person nominated by the premises licence holder or the DPS shall be available to receive and respond to any nuisance related complaints whilst events are taking place.
2.17 Music activities shall primarily be as an ancillary to other activities taking place on the estate, or unamplified music for ambient purposes.
2.18 All children under the age of 16 years old shall be accompanied by a responsible adult at all times whilst they are on site for events involving licensable activity.
2.19 Any children involved in performances shall be supervised and escorted by a responsible adult, guardian or teacher. Note: It may be prudent for the premises licence holder to liaise with the relevant Safeguarding Children Board for advice prior to any performances involving children.
2.20 There shall be no adult entertainment or services, activities or matters ancillary to the use of the premises that may give rise to concern in respect of children.
2.21 The premises licence holder shall create and implement a lost children policy in respect of all public outdoor events. The plan shall be communicated to attendees, with a lost children’s point designated on the event literature/plans and signposted on site. All staff, stewards and suppliers shall be briefed on the policy