ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Every supply of alcohol under the premise licence must be made or authorised by the Management Committee.
1.2 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).
1.3 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.4 (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 community 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.
1.5 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.
1.6 The relevant person (the holder of the premises licence, the community premises supervisor 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 the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
Where the permitted price on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
1.7 The admission of children to the exhibition of any film to be restricted in accordance with this section.
1. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
2. Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
3. In this section-
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
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:
A responsible individual nominated by the management committee, shall be on duty to monitor/supervise the activities during all hirings of the premises for licensed activities and shall be readily contactable by means of direct phone number during any periods when he/she is not physically on the premises.
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 4 (four) days per calendar annum.
Crime prevention posters shall be prominently displayed and maintained on the licensed premises relating to any prevalent crime and disorder issues in the local area.
No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises. Notice shall be prominently displayed and maintained in respect of this matter.
All requests for hirings of the licensed premises for licensable activities shall be scrutinised by the premises licence holder prior to a decision on whether the hiring shall be permitted or not. The nature of the event, numbers anticipated, audience age and profile and any previous history linked to the hirer or event shall be diligently reviewed as part of this determination and record kept of that process.
The premises licence holder shall ensure that a robust hiring process and agreement is in place for third party hiring requests to hire the licensed premises for licensable activities, so as to ensure that the licensing objectives are promoted.
The premises licence holder shall implement robust hiring arrangements with all hirers, as well as for its own management committee functions, to ensure that hirers/users are clearly advised of the following, both in writing and through the booking secretary:
(a) Public safety measures;
(b) Emergency equipment and evacuation procedures;
(c) The need to ensure that attendees do not engage in any activities or conduct which may cause, or contribute towards, public nuisance or anti-social/disorderly behaviour;
(d) Contact telephone numbers for committee members;
(e) Premises licence terms, hours and conditions, and any limits on capacity (as set by the ‘responsible person’ under Fire Safety Regulations);
(f) Keeping exit routes clearly identified and free from obstruction or hazard;
(g) That any fire doors are not wedged open, and that emergency lighting, exit signs and alarms are not tampered with or made inoperative whilst an event/hiring is in progress;
(h) That noise control measures are well managed so as to minimise disturbance to neighbouring properties;
(i) Key licensing offences particularly in terms of underage sales, proxy sales and alcohol sales to or for drunk persons; and
(j) Stewarding and security arrangements.
The premises licence holder shall ensure that all members of the premises management committee shall undertake suitable and sufficient training in respect of licensing law, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objectives. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria. Training records shall be accurately and legibly maintained and produced upon demand to an authorised officer of the Police or Licensing Authority. Refresher training shall be undertaken at least once every 12 (twelve) months to ensure committee members are up to date with the latest legislation, with any new member of the management committee to be trained within 8 (eight) weeks of taking their position on the management committee and prior to undertaking any direct duties in relation to the sale or supply of alcohol.
The premises licence holder or their appointed representative of the management committee shall ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the premises licence (Annex 4).
The car park shall be adequately illuminated during the hours of darkness whilst licensable activities are taking place on the licensed premises.
Notices shall be prominently displayed and maintained on the licensed premises advising of the maximum safe occupancy limit for the building. The capacity of persons on the premises shall be monitored and controlled to ensure compliance.
All exit doors are maintained so as easily opened, in the event of an emergency evacuation situation, and do not require the use of a key, card, code or similar device. Doors at such exits shall be regularly checked to ensure that they function satisfactorily and a record of the check is kept.
The premises licence holder shall ensure that notices detailing emergency evacuation procedures shall be prominently displayed and maintained on the licensed premises. Adequate arrangements shall be in place to ensure the safe evacuation of any disabled persons on the premises.
Waste from the licensed premises shall be removed in a timely manner (outside of the hours between 21:00 and 07:00hrs) to an appropriate waste disposal facility, so as to minimise the risk of public nuisance.
Notices shall be prominently displayed and maintained on the licensed premises asking patrons to leave the premises and the area quietly.
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.
Children shall only be permitted on the licensed premises during licensed activities or events when accompanied and/or under the supervision of an adult.
If the majority of the audience/attendees for an event are under 16 years of age, the number of attendants shall not be less than 1(one) attendant per 25 (twenty-five) children present.
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.
The premises licence holder shall take all reasonable steps and precautions to minimise the risk of disturbance or nuisance to local residents caused by events or attendees at the licensed premises (whether through people noise, entertainment noise, vehicular noise, waste disposal, event set-up or breakdown, littering or noxious odour).
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 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 doors and windows shall be kept closed (save for access or egress) whilst regulated music activity is taking place after 23.00.