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]
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:
1. The premises licence holder shall ensure that all members of staff 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. 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 months, with any new member of staff to be trained within six weeks of taking their position and prior to undertaking any direct duties in relation to the sale or supply of alcohol.
Staff members will be properly authorised and trained including:
a) A notice of authority record for all staff who sell or supply alcohol
b) Suitable and sufficient training and refresher training at least once every 6 months for staff and records kept for inspection
c) Contact details of the Designated Premises Supervisor available to staff and responsible authorities
d) Deliveries of alcohol only to pre-arranged addresses
e) The carrying and maintenance of records of orders on-board delivery vehicles
f) Strict terms and conditions over purchase, ordering and delivery emphasising the right to and the duty to refuse alcohol sales or supplies where there are concerns over age, drunkenness, location or the vulnerability of customers
2. The premises licence holder shall ensure that the DPS, management and staff constantly assess any risks to the licensing objectives and shall work in partnership with the responsible authorities to promote the licensing objectives.
3. CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas and all areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 28 days and made available to police on demand. The premises licence holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to the police/local authority within 36 hours of a request. The recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational log report must be maintained endorsed by signature, indicating the system has been checked and is compliant on every day the premises is open to the public. In the event of any failings of the CCTV system, actions taken are to be recorded. In the event of technical failure of the CCTV equipment the premises licence holder/dps shall report the failure to the police and licensing authority immediately. It should be noted that any retention, use or disclosure of personal information captured on CCTV must be carried out in line with data protection principles which shall override any conflicting element of this condition.
A burglar alarm shall be installed and maintained at the licensed premises in order to promote the prevention of crime and disorder
4. An incident book(s)/refusals register shall be kept and maintained on the premises at all times. The book(s) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to police or an authorised officer of the licensing authority on demand.
5. Where the premises licence holder maintains a website for the business or any forms of advertising/promotional material which is only supplied to customers of home deliveries or leaflet dropped to home or business addresses these shall contain:
a) The name of the delivery service, valid telephone numbers, e-mail address, the premises licence number which authorises the sale/supply of alcohol and the relevant licensing authority which issued the premises licence;
b) The ordering by, sale/supply of any alcohol product to anybody under the age of 18, or delivery of any alcohol products to anybody under the of 18 is strictly forbidden; and
c) On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being REFUSED OUTRIGHT.
The premises licence holder shall ensure that all refusals are promptly recorded in a legible format and shall be produced to an authorised officer of the Police or Local Authority upon request.
6. The premises licence holder or designated responsible person on the premises shall not permit customers to enter the licensed premises with open containers of alcohol.
7.
8. Supplies of alcohol for delivery shall only be made via on-line/telephone credit or debit card transaction. For the avoidance of any doubt there shall be no sales of alcohol on the customer’s premises or made at any other location other than via the licensed premises.
9. The premises licence holder shall take all reasonable anti-fraud and underage sales precautions to ensure that no on-line/telephone sales of alcohol are made or delivered to persons under the age of 18.
10. The premises licence holder shall take all reasonable precautions to ensure that delivery staff or contractors shall only deposit the order of alcoholic products with an adult and that the order is signed for.
11. No person under the age of 18 shall be employed by the premises licence holder to act as the driver of a vehicle to be involved in the operation of the licensed business nor shall any person under the age of 18 have any responsibility for the delivery of alcoholic products from the licensed premises.
12. The premises licence holder shall ensure that management and staff take appropriate steps to ensure that the business remains free from crime and disorder and neither creates nor contributes towards crime and disorder.
13. The premises licence holder shall operate a policy of:
a) Maintaining staffing numbers at an appropriate level so as to ensure adequate security of the premises and within the delivery vehicles of the couriers and alcohol supplies
b) No cash handling by delivery drivers
c) Observing the duty to be a responsible alcohol retailer and always refuse to supply alcohol where there is a likelihood that such a sale might contribute towards crime and disorder
14. 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.
15. The premises licence holder shall ensure that suitable and satisfactory public safety risk assessments are undertaken with outcomes to be legibly recorded in a log-book maintained for that purpose.
16. 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.
17. The premises licence holder shall ensure that suitable and satisfactory public safety risk assessments are undertaken with outcomes to be legibly recorded in a log-book maintained for that purpose.
18. Adequate provision of first aid materials and trained personnel shall be on duty at the premises during licensable activities, and in accordance with the premises licence holders risk assessment.
19. The premises licence holder shall ensure that management and staff have an effective policy to promote public safety. The DPS shall liaise with responsible authorities to ensure that public safety is promoted.
The policy shall include:
a) any risk to safety shall being assessed before the premises are opened to the public and throughout the hours of operation
b) delivery vehicles being maintained, secured and operated safely
c) no sales or supplies of alcohol being undertaken where it is reasonably considered that this might negatively affect the public safety licensing objective
d) the entrance and any walkways within the premises being kept free from obstruction or hazard
e) public safety and fire risk assessments being undertaken periodically and acted upon in accordance with current recommendations and requirements.
f) effective lighting being maintained and operated to ensure the safety of the public and staff
20. 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).
21. Staff on duty shall monitor the activity of patrons leaving the premises and assist with a managed departure. Persons leaving shall be reminded to act in a responsible manner and leave the immediate area with consideration to the needs of the local community.
22. Waste from the licensed premises shall be removed in a timely manner (outside of the hours between 11pm and 7am) to an appropriate waste disposal facility, so as to minimise the risk of public nuisance.
23. Notices shall be prominently displayed and maintained on the premises requesting that attendees/users of the licensed premises leave the premises and the vicinity quietly and with respect to the needs of neighbouring properties.
24. The premises licence holder shall ensure that the DPS and staff are mindful of the need to reduce the impact of nuisance caused by the operation of the business, whether by noise, odour, vibration, light or other cause, and shall constantly assess the risk of public nuisance and take immediate steps to eliminate the problem. Staff will ensure that:
a) Deliveries shall be conducted in a responsible and considerate manner, ensuring no disturbance to local residents or businesses
b) No sales or supplies of alcohol shall be undertaken where it is reasonably considered that this might negatively affect the public nuisance licensing objective
c) The premises and public areas nearby shall be kept free from waste or litter associated with the operation of the business
d) Any noise, light pollution, vibration and any other potential nuisance shall be monitored and kept to an acceptable level
e) Waste removal shall be under taken at a time that does not cause disturbance.
25. The premises licence holder shall adopt a ‘Challenge 21/25’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 21/25.
26. 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.
27. Children shall only be permitted on the licensed premises during licensed activities where accompanied and/or under the supervision of an adult.
28. The premises licence holder shall ensure that the business is operated in such a way that reflects a commitment to be a responsible retailer. To protect children from harm there shall be a policy of:
a) Strict terms and conditions stressing that the purchaser and those receiving a delivery of alcohol must be at least 18 years of age.