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 premises licence must be made or authorised by the trust.
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 trust 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 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]
1.7 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.
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:
The prevention of crime and disorder
2.1 The premises licence holder will use or employ door supervisors at all times when a licensable activity is being carried out and when the premises licence holder considers them necessary to:
2.2 Prevent the admission and ensure the departure from the premises of drunk and disorderly persons, without causing further disorder;
2.3 Keep out excluded individuals (subject to court or pub watch bans)
2.4 Search and exclude persons suspected of carrying illegal drugs or offensive weapons; or
2.5 Maintain an orderly queue outside the venue.
2.6 Where glass bottles are used, they will be retained or disposed of on the premises.
2.7 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.
2.8 The premises licence holder will provide Door Supervisors to ensure that the capacity limit is enforced.
2.9 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.
2.10 The premises licence holder will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.
2.11 The premises licence holder will implement a policy agreed by the Police and local authority (for more information on this you can refer to the “Safer Clubbing Guide”)
2.12 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 Suffolk Constabulary. (e.g. Customer Code of Conduct)
2.13 The premises licence holder will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
2.14 The premises licence holder will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
2.15 The premises licence holder shall participate in the local pub watch/night safe scheme operating in the Borough/District
2.16 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
2.17 The premises licence holder will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.
Public Safety
2.18 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.
2.19 The premises licence holder will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
2.20 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
2.21 The premises licence holder will make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.
2.22 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 (for example, electromagnetic releases operated by smoke detectors).
2.23 The premises licence holder will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
2.24 The premises licence holder will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
2.25 Safety checks are carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.
2.26 The premises licence holder will make sure that Hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
2.27 The premises licence holder will make sure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of Bs 5852:1990.
2.28 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.
2.29 The premises licence holder will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.
2.30 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.
2.31 The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.
2.32 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.
2.33 Access for emergency vehicles is kept clear and free from obstruction
2.34 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;
2.35 The premises licence holder will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
2.36 The premises licence holder will make sure that at least 1trained first aider will be on duty when the public are present
2.37 If more than one first aider is present, the premises licence holder will make sure that their respective duties are clearly defined
2.38 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;
2.39 The premises licence holder will make sure that Fire safety signs are adequately illuminated;
2.40 The premises licence holder will not alter Emergency lighting without prior notification to the Licensing Authority
2.41 The premises licence holder will make sure that Emergency lighting batteries are fully charged before admission of the public;
2.42 In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, the premises licence holder will make sure that evacuation of the premises is possible within 20 minutes;
2.43 Where the emergency lighting battery has a capacity of three hours, the premises licence holder will make sure that evacuation of the premises is possible within one hour;
2.44 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]; (delete as applicable) Note: It may not be possible to give ten days notice where performers are supported by external technical teams (for example where temporary electrical installations are made in theatres for television show performances). In such cases the key requirement is that competent persons undertake the work).
2.45 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.
2.46 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.
2.47 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 firefighting equipment
Temporary Electrical Installation
2.48 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.
2.49 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
2.50 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. (N.B this will enable you to propose the amendment of any conditions that you would not be able to comply with upon completion of works)
2.51 The premises licence holder will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;
2.52 The premises licence holder will give prior notification to the Licensing and/or Fire Authority when I intend to use any of the following special effects:
Dry ice machines and cryogenic fog;
Smoke machines and fog generators;
Foam cannon/snow machine;
Pyrotechnics, including fireworks;
Real flame;
Firearms;
Motor vehicles;
Strobe lighting;
Explosives and highly flammable substances;
Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)
2.53 The premises licence holder will make free drinking water available at all times the premises is open to the public;
2.54 The premises licence holder will provide a chill out which is cooler and quieter than the dancing areas;
2.55 The premises licence holder will provide a “hot line” to a local taxi firm
2.56 The premises licence holder will provide sufficient seating to accommodate (Refer to Fire Safety Schedule) of the maximum capacity of the premises.
2.57 The premises licence holder will make sure that staff on the premises monitor and record the number of patrons within the premises. (NB: this condition would not be relevant where there is no maximum capacity).
2.58 The premises licence holder will make sure that attendants will be readily identifiable to the audience;
2.59 The premises licence holder will make sure that sitting on floors is not permitted except where authorised in the premises licence;
2.60 The premises licence holder will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
The prevention of public nuisance
2.61 The premises licence holder will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises;
2.62 The premises licence holder will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
2.63 The premises licence holder will install and use a noise limiters on amplification equipment in accordance with guidance from the Councils Environmental Health Officers;
2.64 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;
2.65 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 (see 69);
2.66 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;
2.67 The premises licence holder will make sure that during the final hour of opening the music is discernibly quieter;
2.68 The premises licence holder will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);
2.69 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.
2.70 The premises licence holder will ensure that any ventilation system has suitable sound attenuation.
2.71 The premises licence holder will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level. (Note: this may be more relevant at an outdoor event)
2.72 The premises licence holder will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment. (Note: this may be more relevant at an outdoor event)
2.73 The premises licence holder will ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
2.74 Ensure that receptacles for waste are emptied regularly to minimise nuisance smells
2.75 The premises licence holder will ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.
2.76 The premises licence holder will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
2.77 The premises licence holder will make sure that receptacles for refuse storage are maintained in a clean condition.
2.78 The premises licence holder will make sure litter is regularly cleared from the vicinity of the premises
2.79 The premises licence holder will provide for the removal, within 24 hours of the finish of the event, of:
All refuse (including litter picking across the site).
Off-site litter within one mile of the site along access and egress routes to the event
(Note: this is in respect of outdoor events only)
The protection of children from harm
2.80 The premises licence holder will comply with Retailer Alert Bulletins issued by Portman Group Note: This condition may be appropriate for licensed premises selling alcohol products in a manner that may appeal to or attract minors.
2.81 A crime prevention policy agreed by the police and local authority will be in place;
2.82 The premises licence holder will implement a proof of age policy agreed by the police and local authority; Note: Proof of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.
2.83 The premises licence holder will require that children under the age of 12 are accompanied by adults after 11pm in the evening. Note: The above condition may be appropriate for any premises NOT serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11pm in the evening. Applicants wishing to allow access to premises to unaccompanied children under the age of 12 after 11pm should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
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