Annex 1- Mandatory Conditions
1. Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor (DPS) in respect of the premises licence, or
(b) At any time when the designated premises supervisor (DPS) 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.
4. 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.
5. 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).
6. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7. (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.
8. 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.
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
General
The premises licence holder shall undertake monthly management team meetings and day-to-day liaison through the Parish Clerk’s office to ensure that the premises management are promoting the licensing objectives.
All requests for hiring/booking of the licensed premises shall be accessed through the Parish Clerk’s office, and the premises management shall liaise with the local Police in relation to promotion of the licensing objectives
Bookings shall not be considered, except in special circumstances at the discretion of the premises licence holder, for gatherings of 16-21 year olds. When such special circumstances prevail, the booking must be sponsored by a BMA Committee member or by an Elmswell Parish Councillor, a deposit as determined by the management committee shall be required as may be the employment of SIA registered door staff at the expense of the hirer.
In other circumstances where there may be any doubt as to the probity of a hiring, a deposit as determined by the management committee shall be required as shall the employment of SIA registered door staff at the expense of the hirer.
All hirers of the licensed premises shall be made aware of the absolute right of any appointed officer or member of the Blackbourne Management Association to enter the premises during the hiring for the purposes of ascertaining that the hiring conditions are complied with.
The prevention of crime and disorder
All sales of alcohol from outside bars or to be consumed in any outdoor areas shall be served in plastic or toughened glass containers.
Persons under the age of 18 shall not be permitted access to bar areas of the licensed premises.
The premises licence holder shall actively participate in any local Safer Neighbourhood, Neighbourhood Watch, and Crime Reduction, Street Watch or similar schemes in operation in the locality of the licensed premises.
An adequate intruder detection system shall be installed and regularly maintained, so as to promote the prevention of crime and disorder.
The door entry system shall record individual access codes so that users and times of entry/exit are recorded.
All alcohol retained on the licensed premises shall be kept secured in a lockable storage unit.
Rules of the bar, including reference to a zero-tolerance policy regarding drunken and disorderly behaviour, shall be displayed when the bar is open for licensed activity.
Suitable and sufficient numbers of bar staff shall be on duty whilst the bar is open for licensed activity so that nuisance or inappropriate behaviour of attendees is deterred.
All bar staff shall receive suitable and sufficient training on promotion of the licensing objectives so as to avoid commission of offences under the Licensing Act 2003 and related legislation.
Public safety
SIA registered security staff, stewards and trained staff, including bar staff, shall be deployed at such times and in such numbers as are commensurate with the level of risk identified by the premises licence holder.
Valid and sufficient levels of public liability insurance shall be maintained and cover certification displayed on the licensed premises.
External movement-sensitive lighting shall be installed at the licensed premises so as to effectively illuminate the perimeter of the building during the hours of darkness, so as to promote public safety and prevention of crime and disorder.
General risk assessments, to include matters relevant to promotion of the licensing objectives, shall be carried out at least once per calendar annum and the results made available to the management of the licensed premises.
Hirers of the licensed premises shall be provided with full details of the terms and conditions of the premises licence together with procedures to be followed in the event of fire or other emergency, the requirement to keep fire exits and emergency routes clear of obstruction and to not wedge open fire door.
Hirers shall be advised of any limit on the maximum number of persons who may attend the licensed premises given the individual circumstances of their event and made aware of duties to ensure that young people and disabled individuals are properly stewarded in the case of an emergency evacuation of the premises. Equipment, fixtures and fittings pertaining to public safety shall be monitored at least once per calendar month and results legibly recorded in a document retained on the premises and made available for public inspection.
The proposed erection of any temporary demountable structure at the licensed premises shall be subject to the prior review and specific written consent of the premises licence holder.
Receptacles for the disposal of waste shall be provided and emptied on a regular basis.
Seating for public events will be laid out in such a way as to allow easy and swift evacuation from the premises.
The prevention of public nuisance.
All external lighting shall be of such design, specification and positioning so as to minimise the risk of causing nuisance by light pollution.
Users of the licensed premises shall be reminded as part of the booking/hiring process of the need to be considerate to the needs of neighbouring premises when leaving the vicinity of the premises.
Notices shall be prominently displayed and maintained on the licensed premises to remind users of the premises to be considerate to the needs of neighbouring premises when leaving the vicinity of the premises.
All external doors and windows shall be kept closed, save for access or egress, during the playing of any amplified music, so as to minimise any noise nuisance to occupiers of nearby properties.
The protection of children from harm
Notices on the law banning the sale of alcohol to those aged under the age of 18 shall be prominently displayed and maintained in bar areas of the licensed premises.
Suitable and sufficient levels of adult supervision shall be on the licensed premises during any licensable activities or hiring’s where children are present.
Any activities or conduct on the licensed premises which might affect the physical, moral or psychological wellbeing of children shall not be permitted or tolerated under any circumstances.
All youth activities shall be supervised by suitably vetted adults, including any CRB (or equivalent) checks being undertaken and found to be satisfactory.