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
The prevention of crime and disorder
The sale of alcohol shall mostly relate to market stalls selling alcohol for off-site consumption
(for the avoidance of doubt any separate controls in relation to alcohol consumption in a
public place – via designated public places order or other regulation - shall remain
unaffected)
Where sales of alcohol take place at events on the Market Place for consumption on site
(such as Christmas related activities), the number of such events shall be limited to not more
than 10 (ten) events per calendar annum.
The Police shall be notified about all events and activities taking place in the Town Centre
where licensable activities are taking place. With each event where on-site consumption of
alcohol is also permitted, the Town Council shall liaise with the Police prior to the event and
ensure that the security arrangements made are to the satisfaction of the Police. Any
personnel conducting a security activity shall be registered with the SIA (Security Industry
Authority).
The Town Council shall require prior written details of all individuals responsible for selling
alcohol in the licensed area.
Licensable activities shall be held within range of an appropriate CCTV system managed by,
or on behalf of the Town Council. CCTV monitoring operatives shall be advised when an
event is taking place under this licence. It should be noted that any retention, use or
disclosure of personal information caught on CCTV must be carried out in line with data
protection principles which shall override any conflicting element of this condition.
Public safety
All licensable events that take place shall have conducted a suitable and sufficient public
safety risk assessment which must be agreed by the Town Council prior to the event being
opened to the public, otherwise the event shall not take place.
The prevention of public nuisance
Due consideration shall be had to the prevention of public nuisance when agreeing timings
(within authorised hours) of licensable events, particularly with regard to music events later
in the evening.
There shall be not more than 10 (ten) licensable event days per calendar annum where
licensable activities continue beyond 21:00hrs.
There shall be not more than 5 (five) occasions per calendar annum where any licensable
event takes place in Bury Street. Amplified live or recorded music shall not take place on
more than 3 (three) occasions per calendar annum in Bury Street, and shall cease no later
than 18:00hrs apart from a single occasion per calendar annum where such activity may
extend until 20:00hrs. Residents of Bury Street shall be informed in writing of any licensable
event taking place in Bury Street at least 28 (twenty-eight) days prior to the first day of the
even
The protection of children from harm
Where children are involved in a licensable event or production, persons responsible for the
supervision of the children shall have undertaken a criminal record check which is
satisfactory and valid at the time of the event.