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 community club (as premises licence holder).
1.2 The community club 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 community club 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 management committee, as premises licence holder, shall implement robust hiring arrangements with all hirers, as well as for its own management committee functions, to ensure that hirers/users are clearly advised of the following, both in writing and through the booking secretary:
(a) Public safety measures;
(b) Emergency equipment and evacuation procedures;
(c) The need to ensure that attendees do not engage in any activities or conduct which may cause, or contribute towards, public nuisance or anti-social / disorderly behaviour;
(d) Contact telephone numbers for committee members and the caretaker;
(e) Premises licence terms, hours and conditions, and any limits on capacity (as may have been set under Fire Safety Regulations);
(f) Keeping exit routes clearly identified and free from obstruction or hazard; and
(g) That any fire doors are not wedged open, and that emergency lighting, exit signs and alarms are not tampered with or made inoperative whilst an event/hiring is in progress.
2. A member of the management committee, or another responsible individual nominated by the management committee as premises licence holder, shall be available on the premises during all hirings of the premises for licensed activities.
3. The management committee, as premises licence holder, shall have in place a Child and Vulnerable Adult Policy which shall require all relevant volunteers to have been suitably vetted for criminal records and barring from working with children or vulnerable adults. Groups or clubs specifically for children, e.g. the Youth Club, shall have a specific Child and Vulnerable Adult Policy in place and observed.
4. Any person attempting to purchase or consume alcohol on the licensed premises and appearing to be under the age of 21 shall be challenged and required to produce a valid photographic identity document as proof of age. For this purpose, a driving licence, passport or PASS accredited proof of age card with hologram shall be satisfactory.
5. Crime prevention posters shall be prominently displayed and maintained on the licensed premises relating to any prevalent crime and disorder issues in the local area.
6. No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises.
7. 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.
8. The management committee, as 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.
9. 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.
10. The car park shall be adequately illuminated during the hours of darkness whilst licensable activities are taking place on the licensed premises.
11. For events involving licensable activities, The management committee, as the premises licence holder, shall ensure that adequate provision of trained first aid personnel and first aid equipment are made available - commensurate with the nature and scale of the event.
12. The management committee, as 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.
13. There shall be no performances or activities on the licensed premises which involve any elevated risk of danger to the public. The management committee, as premises licence holder, shall ensure that highly flammable substances are not permitted to be brought into, or used in any portion of, the premises. Combustible decorations or portable heating appliances shall not be used without the express consent of the premises licence holder, who may liaise accordingly with the Fire Service prior to consent or first use. Unauthorised portable electrical appliances shall not be permitted on the premises unless authorised by the management committee, as premises licence holder, and unless portable appliance tested (PAT).
14. The premises licence holder shall take all reasonable steps to minimise the risk of disturbance to local residents caused by events or attendees at the licensed premises.
15. The premises licence holder shall ensure that close residents are kept informed of the programme of events to be held at the licensed premises.
16. 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.
17. Internal and external lighting provided for the purpose of customer and staff safety and for the security of the premises shall be positioned so as to not cause nuisance to neighbouring or adjoining properties.
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 in the event of any excessive noise levels being experienced.
19. All doors and windows shall be kept closed (save for access or egress) whilst regulated music activity is taking place after 19:00hrs.
20. 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 6 (six) per calendar annum and no more than 1 (one) in any calendar month. Any such licensable activities shall cease by 21:00 hours on all occasions.
21. Waste from the licensed premises shall be removed in a timely manner to an appropriate waste disposal facility, to minimise the risk of public nuisance.
22. Staff on duty shall monitor the activity of patrons leaving the premises and remind them to act in a responsible manner where considered appropriate to do so.
23. 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.
24. Children shall only be permitted on the licensed premises during licensed activities or events where accompanied and/or under the supervision of an adult.
25. For community events a designated ‘lost children’ point shall be identified and communicated/signed.
26. If most of the audience/attendees are under 16 years of age, the number of attendants shall not be less than 1 (one) attendant per 25 children (or part thereof) present.
27. During any performances or entertainment provided for, or performed by, children adequate escort and supervision shall be provided by a responsible adult. Note: It may be prudent for the premises licence holder to seek advice from the local Safeguarding Children Board, or equivalent body, in relation to such performances and entertainment.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
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