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 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.
1.4 Where one or more individuals are being used at the licensed premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority (unless where the individual is exempt from obtaining an SIA registration under the Private Security Industry Act 2001).
1.5 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).
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.7 (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.
1.8 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.
1.9 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 following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
General promotion of the licensing objectives
2.1 The Premises Licence Holder shall ensure that all users, tenants or hirers of the premises (whether one-off events or longer term occupiers) shall be notified in writing of the requirement during licensable activities to promote the four licensing objectives, and observe the terms and conditions of any premises licence held for the premises. All users, tenants or hirers of the premises shall be required to sign an authorisation to the effect that they have read and understood such requirements.
2.2 Risk assessments covering all four licensing objectives and incorporating any specific requirements of the Premises Licence Holder shall be completed by the user, tenant or hirer of the premises for all events, activities or uses involving licensable activities and shall be provided to the Premises Licence Holder prior to the commencement of any such activities. Where such risk assessments are found to be incomplete, insufficient or inadequate then the Premises Licence Holder shall refuse to authorise the relevant activity under the premises licence, until such time as satisfactory remedial steps and actions have been undertaken.
2.3 For functions, the Premises Licence Holder shall, including via its hiring agreement, require hirers to comply with the premises licence restrictions and any other matters relevant to promotion of the licensing objectives as determined by the Premises Licence Holder. This shall include, but is not limited to:
(a) monitoring and supervision of attendees behaviour;
(b) the numbers, ratio and minimum ages of attendants required to supervise the event, and their intended activities and duties which may necessitate use of SIA registered staff;
(c) prohibition on alcohol or illegal drugs being brought onto the premises;
(d) maintaining a safe environment, and ensuring escape and emergency routes are kept free
from obstruction or hazard;
(e) awareness of public safety measures, including maximum capacity, fire safety and evacuation procedures;
(f) instruction and use of any equipment (for example noise limiter equipment) as may be provided by the Premises Licence Holder;
(g) child protection matters; and
(h) main licensing offences including prohibition on the sale of alcohol to under 18s.
Prevention of Crime and Disorder
2.4 The Premises Licence Holder shall ensure that any relevant local crime and disorder issues or advice alerted by the Police are adhered to.
2.5 Persons attending the premises causing or exhibiting any criminal or disorderly conduct or behavior shall be barred, excluded or ejected from the premises, and/or reported to the Police as the situation may reasonably require.
2.6 All instances of refusals, ejections or incidents impacting on licensing objectives shall be logged and legibly recorded, timed, dated and signed by the person in authority at the premises in a book securely maintained at the licensed premises and solely for that purposes. All entries shall be retained for a minimum period of 2 (two) years and the log shall be made available to an authorised officer of the Police or local authority upon request.
2.7 There shall be a zero tolerance policy in place at the licensed premises in relation to possession or use of illegal substances or drugs. The Police shall be promptly notified in relation to any suspicious or established drugs activity at the licensed premises. Notices shall be prominently displayed and maintained at the premises in support of this policy.
2.8 The Premises Licence Holder shall install CCTV equipment covering licensed areas, access and egress points at the premises and shall ensure that CCTV equipment is maintained in working order. The premises licence holder shall set the CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.
2.9 The Premises Licence Holder shall ensure that CCTV recordings are retained for at least twenty eight days and are produced to an authorised officer upon demand. The premises licence holder shall prominently display and maintain notices advising that CCTV has been installed on the premises, so that the public are made aware within the licensed premises. The premises licence holder shall ensure that any cameras covering the exterior of the premises are left to record for a period not less than one hour (where members of the public congregate outside the premises) after closure of the premises to the public. 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.
Public Safety
2.10 Glassware, whether bottles or glasses, shall not be left so as to accumulate in any public areas of the licensed premises. Broken glass shall be promptly cleared away and safely disposed of.
2.11 Public Safety risk assessments (see above Annex 2 Condition 2.2 - General).
2.12 No glasses or bottles shall be permitted for consumption of alcohol in external areas of the licensed premises. Plastic or toughened glasses shall be used for such occasions.
2.13 All off-sales of alcohol for consumption away from the licensed premises shall be in a sealed bottle or container.
2.14 The Premises Licence Holder shall ensure that at all times whilst the public are present there is at least on competent person able to administer first aid, and that an adequate and appropriate supply of first aid equipment and materials is available on the premises. Adequate records shall be maintained in relation to the supply of any first aid treatment.
Prevention of Public Nuisance
2.15 Any advice from the local Environmental Protection Officer relating to prevention of public nuisance shall be complied with.
2.16 A phone number shall be made available to the Licensing Authority and to the public during licensable activities for responding to nuisance relating complaints. Note - these need not be the same number.
2.17 During the hours of darkness any external/exterior light installations at the licensed premises shall be of such design, specification and placement so as to minimize any nuisance from light pollution.
2.18 All use of external areas for consumption of alcohol or dining shall cease by 23:00hrs on all occasions.
2.19 There shall be no more than 6 (six) ‘event day’ occasions per calendar annum where (regulated) amplified live or recorded music may take place in outdoor areas at the frontage of the licensed premises, with such instances to not continue past 23:00hrs on any occasion. For the avoidance of doubt an outdoor event of this nature shall not be permitted to last more than two consecutive days, and there must be a minimum duration of 24 hours between events as described in this condition.
2.20 Where any late night refreshment is available for consumption away from the licensed premises, then customers shall be reminded by the seller to not litter and to correctly dispose of any foodstuff packaging or hot beverage containers in waste receptacles or take it home for disposal.
2.21 The immediate vicinity of the licensed premises shall be checked for litter or waste on a daily basis and/or following an event with any litter or waste to be collected and correctly disposed of.
2.22 There shall be no emptying of bottles or waste bins or deliveries to the licensed premises before 7am each day.
2.23 Notices shall be prominently displayed and maintained at the licensed premises reminding patrons leaving the vicinity to do so quietly and with respect to the needs of neighbouring occupiers and businesses.
2.24 The Premises Licence Holder shall ensure that waste receptacles used at the licensed premises shall be lidded and maintained in a clean condition and that litter and waste, including smoking related litter, shall be regularly cleared from the immediate vicinity of the licensed premises.
2.25 The Premises Licence Holder shall ensure that the DPS or other reasonable competent individual is nominated to regularly survey noise breakout from the premises during the performance of amplified music. Where the noise/vibration level is such that it is likely to cause disturbance to nearby premises, he/she shall decrease the volume level accordingly. A log shall be kept of such monitoring checks and any remedial action taken.
2.26 The Premises Licence Holder shall ensure that the volume control of any recorded music or amplification equipment shall be under the direct control of the Designated Premises Supervisor (DPS), or another responsible individual nominated by the DPS, with provision made for the sound to be turned down at the direct request of an authorised officer of the Local Authority or Police.
Protection of Children from Harm
2.27 The Premises Licence Holder shall ensure that a ‘Challenge 25’ proof of age scheme is implemented. 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 25.
2.28 No person under the age of 18 years shall be permitted on the premises during licensable activities taking place after 21:00hrs unless accompanied by a responsible adult.
2.29 The bar area shall be supervised by the DPS or another responsible adult authorised by the DPS on all occasions whilst the sale or supply of alcohol is taking place at the premises.
2.30 Alcohol stock shall be securely stored and locked away so as not accessible to children or any other unauthorised person.
2.31 No person shall be authorised to sell or supply alcohol at the licensed premises until such time as they have been briefed and authorised in writing by the DPS on responsibilities, duties and safeguards to promote the licensing objectives. A written legible record of all such authorised persons, including signed and dated by the relevant authorised person and DPS, shall be kept securely at the licensed premises for a minimum period of 2 years and shall be made available upon request to an authorised officer of the Police, Trading Standards or Licensing Authority.
2.32 Where any performance or activity is primarily or mainly involving child performers then the Suffolk Safeguarding Children Board (SSCB) shall be alerted prior to the activity, in the event any advice or permissions are required.
2.33 Any person given a child protection remit or designation on behalf of the Premise Licence Holder or premises user shall have been adequately checked prior to commencing duties for criminal record at an enhanced disclosure level.
2.34 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.