ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 No supply of alcohol may be made under the premises licence:
(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 (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.
1.4 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]
1.5 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
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: 1/2 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 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).
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:
All staff engaged in the sale of alcohol will be trained in Responsible Alcohol Retailing when commencing employment at the premises. This training can be administered in-house by the DPS. Training records shall be kept on the premises and produced to the Police/Local Authority on request. Training will be reviewed every 6 months to ensure that staff are up to date and their training records endorsed accordingly.
A log will be kept at the premises, recording any significant incidents or any refusal of the sale of alcohol. It will be made available to the Police or Council on request. It must be completed within 24 hours of the occurrence and must record: a) the date and time of the incident or refusal, b) names of staff and persons involved (if known), c) detail of incident or refusal. Incidents to be recorded should include (but not be limited to) - any crime or disorder, injuries to staff or customers, refusal of the sale of alcohol, ejections, banning of customers, seizures of drugs/weapons, or any visit by relevant authorities or emergency services, and the purpose of the visit.
No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises.
Patrons shall not be permitted to leave the premises with opened bottles or glassware. The premises licence holder shall ensure that customers are not permitted to consume alcoholic drinks outside the premises - which includes whilst they are observing smokefree regulations.
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.
During operating hours, the premises licence holder or a nominated representative shall be available to receive and respond to nuisance-related complaints. A contact telephone number shall be provided to the Licensing Authority for that purpose.
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).
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.
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, 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.
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.
No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises.
Patrons shall not be permitted to leave the premises with opened bottles or glassware.
The premises licence holder shall ensure that customers are not permitted to consume alcoholic drinks outside the premises - which includes whilst they are observing smokefree regulations.
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
During operating hours, the premises licence holder or a nominated representative shall be available to receive and respond to nuisance-related complaints.
A contact telephone number shall be provided to the Licensing Authority for that purpose.
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).
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.
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, 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.
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.