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]
1. The admission of children to the exhibition of any film to be restricted in accordance with this section.
2. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
3. Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
4. In this section-
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
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:
2.1 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. 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.
2.2 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.
2.3 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, email 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 age 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.
2.4 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 & disorder.
2.5 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 & disorder.
2.6 A CCTV system has been installed and maintained on the licensed premises, with a minimum of four cameras covering the licensed premises. Recordings shall be accurately timed and dated and shall be retained for a minimum period of 31 days. Recordings shall be made available to an authorised officer of the Police of Licensing Authority upon request. Notices specifying CCTV surveillance is operating shall be displayed prominently at the premises. It should be noted that any retention, use or disclosure of personal information caught on CCTV must be carried out with data protection principles which shall override any conflicting element of this condition.
2.7 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 public safety is promoted.
2.8 The Policy shall include:
a) Delivery shall be conducted in a responsible and considerate manner, ensuring no disturbance to local residents
b) No sales or supply of alcohol being undertaken where it is reasonably considered that this might negatively affect the public safety licensing objective
c) Fire risk assessments being undertaken periodically and acted upon in accordance with current recommendations and requirements.
d) Effective lighting being maintained and operated to ensure the safety of public and staff
2.9 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 shall ensure that:
a) Deliveries shall be conducted in a responsible and considerate manner, ensuring no disturbance to local residents
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 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 undertaken at a time that does not cause disturbance
2.10 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 the delivery of alcohol must be at least 18 years of age
b) The business and courier shall refuse a sale or delivery of alcohol when it is reasonably considered that such a sale or delivery might directly or indirectly undermine the child protection objective.
c) The age verification policy shall be one of Challenge 21. This shall be specified in promotional material, terms and conditions, within the premises and emphasised through staff training. Anyone not looking 21 at the point of delivery or sampling will be required to prove that they have turned 18, otherwise delivery or sampling will be refused and recorded. Acceptable ID will be a photo driving licence, passport, PASS accredited proof of age card or other photo ID that is recommended for acceptance by the Police or other authorities.
2.11 All staff are to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent, the premises evacuation procedures and policies, within three months of commencing employment at the premises. Training records shall be kept on the premises and produced to the Police or an authorised Officer of the Licensing Authority upon request. For the avoidance of doubt this training may be administered in-house in accordance with the relevant criteria. Training shall be reviewed six-monthly to ensure that all staff are up to date with the latest legislation. All current staff shall be trained to the above standard within six months.
2.12 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. In the case of refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol
2.13 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.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 The premises licence holder shall ensure that volume levels from both live and recorded music are monitored by a responsible person throughout the duration of the activity. Monitoring shall take place both inside and outside of the licensed premises and due regard shall be had to whether the activity may lead to excessive noise at neighbouring properties. Appropriate remedial steps shall be taken, and recorded, in the event of any excessive noise levels being experienced.
2.19 The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises. It is recommended that the programme be posted/delivered to nearby residential premises, published on any website for the premises and be displayed and kept updated in the immediate vicinity of the premises.
2.20 Doors and windows shall be kept closed (except for ingress and egress) during licensable activities to reduce noise breakout or nuisance from the premises.
2.21 Licensable entertainment activities which take place in outdoor areas of the licensed premises, and which involve amplified music or speech, shall be limited to not more than 20 (twenty) per calendar annum and no more than 3 (Three) in any calendar month. Any such licensable activities in outdoor areas shall cease by 23:00 hours on all occasions.
The part of any day on which an event takes place shall count as one event day for the purposes of this limitation. The number of smaller scale non-event day activities involving one or more licensable activity shall not be limited by this condition. For the avoidance of doubt an ‘event day’ for the purposes of this condition is a licensable activity involving a minimum of 51 persons. The number of indoor events involving licensable activities is not number limited by the premises licence.
2.22 There shall be a maximum number of 20 (twenty) wedding/functions related events involving licensable activities during a calendar year, with these activities to be held in the main building, a marquee/temporary structure located in the vineyard grounds, being part of the licensed site. All events of this nature shall terminate by 23:00 hours.
2.23 For outdoor events (including use of the marquee) during operating hours, the premises licence holder, DPS or authorised individual will be available to receive and respond to any nuisance related (or similar) complaint. The contact telephone for this individual shall be provided to the Licensing Authority and Environmental Protection Team for this purpose prior to the starting day of the event. The contact number and details will be provided on our website prior to the starting day of the event.
2.24 The Music Noise level (MNL) shall not exceed the LA90(1Hr) by more than 5dB(A) in any 15-minute period.
2.25 The premises licence holder or his nominated representative shall ensure that a competent individual shall, hourly, survey noise breakout from the licensed premises whilst regulated entertainment is being provided. Where the noise or vibration level is such that it is likely to cause disturbance to residential properties, he/she shall decrease the volume level accordingly.
2.26 The premises licence holder or his nominated representative shall turn the music level down for the final hour of opening so that the music is discernibly quieter.
2.27 The car park shall be adequately illuminated during the hours of darkness whilst licensable activities are taking place on the licensed premises. Lighting and emergency lighting shall be installed and maintained so as to ensure that good levels of visibility are maintained whilst the premises are being used for licensable activities.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
The use of fireworks shall not be permitted at any event held at the licensed premises