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]
The Premise Licence holder shall ensure that an age verification policy applies to the premise in relation to the sale or supply of alcohol.
The policy must require individual 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.
Note: As long as age verification has taken place already by other means, companies that sell alcohol remotely (e.g. on-line or by mail order need not require photographic identity at the point of delivery).
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 premise licence holder shall ensure strong management controls are in place.
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 prior to undertaking any direct duties in relation to the sale or supply of alcohol
The premise licence holder shall ensure compliance with the Mid Suffolk Statement of Licensing Policy.
The premise licence holder shall ensure that an over 18 Statement is published on the first page of the company website.
The premise licence holder shall ensure that at the point of order all customers shall be asked to confirm they are over the age of 18 years, this will be implemented via a tick box system, requiring the customer to confirm they are aged 18 or over during the order. The customer is therefore contractually responsible for providing an accurate response. This shall be confirmed at the point of delivery. At all stages when orders are either taken online, by telephone or mail order and when orders are delivered, proof of age will be required.
The premise licence holder shall refuse delivery if we suspect that the customer is in fact a minor or if a child intends to consume the alcohol.
The premise licence holder shall ensure all craft ales dispensed on the premises will be decanted prior to serving.
Potable water shall be available for all customers.
Contact details of local licensed taxi and private hire operators shall be made available for patrons at the licensed premises.
The premise’s shall be monitored by staff on duty whilst the premises are being used for licensable activities.
The premise licence holder shall provide litter bins to help reduce rubbish and litter.
The premise licence holder shall ensure that adequate provision is made for the collection and disposal of waste and litter at our premises.
All staff shall monitor external areas to ensure the area litter free.
The premises licence holder shall ensure adequate lighting is installed and maintained and will be regularly checked.
The premises shall be adequately illuminated during the hours of darkness and when we are open for the licensable activities.
The premise licence holder shall ensure all containers are sealed.
Staff briefings shall occur daily with problems/actions recorded.
The premises licence holder shall engage with community police/Safer Neighbourhood Team regarding any prevalent local crime and disorder issues, and shall implement any reasonable steps recommended by the Police to promote the prevention of crime and disorder at and in the vicinity of the licensed premises
The premise licence holder shall adhere to the Portman Group on drinks strategy.
Crime prevention notices shall be displayed and maintained.
No illegal drugs shall be permitted on the premises, and all staff and patrons shall be made aware of a zero tolerance to drugs on the premises.
The premise licence holder shall ensure a dispersal policy is in place to ensure are customers leave quietly to prevent disorder.
Signage shall be clearly and prominently displayed at all entrance and exit points on the licensed premises, requesting patrons to minimise noise (both verbal and vehicular) when leaving, in consideration of the needs of residents.
Children under the age of 18 shall not be permitted on the licensed premises at any time unless accompanied by a responsible adult.
An incident and refusals book shall be operated and maintained on the licensed premises to record all incidents (dates, times, description of incident and member of staff dealing with incident shall be recorded). This book shall be produced upon request to an authorised officer of a responsible authority.
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.
All appliances, emergency lighting and fire equipment shall be maintained, checked and serviced regularly and all portable electrical equipment shall be inspected and PAT tested annually, with all relevant certificates in place.
The premises licence holder shall ensure that all staff shall be trained on fire evacuation and the use of fire equipment notices detailing the action to be taken in the event of fire or other emergencies, including how the fire service should be summoned, are prominently displayed and protected from damage and deterioration. Fire drill and emergency lighting tests shall be conducted monthly and the details legibly recorded in a fire log-book and be available for inspection.
Access to the licensed premises for emergency vehicles shall be kept clear and free from obstruction or hazard.
The premises licence holder shall ensure that an adequate and appropriate supply of first aid equipment and materials is available on the licensed premises, an accident book shall be operated and maintained.
The premise licence holder shall ensure all escape routes and exits are maintained and that daily checks are carried out to ensure they are free from obstruction with non-slippery surfaces.
All exits shall be clearly identifiable.
The premise licence holder shall ensure that we have adequate staff on duty when the premises is open for licensable activities.
Challenge 25 notices shall be maintained and displayed.
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.