Annex 1 Mandatory Conditions
Mandatory conditions where licence authorises supply of alcohol
1 1. No supply of alcohol may be made under the Premises Licence -
(a) At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or
(b) At a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.
2. Every supply of alcohol under the Premises Licence must be made, or authorised by a person who holds a Personal Licence.
3. (1) 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.
(2) 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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (1) 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.
(2) The designated premises supervisor in relation to the premises licences must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) 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:-
(a) a holographic mark or
(b) an ultraviolet feature.
6. The responsible person shall 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; and
(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.
Minimum Drinks Pricing
1. A relevant person 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.
2. For the purposes of the condition set out in paragraph 1 -
(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
(b) “permitted price” is the price found by applying the formula -
P = D + (DxV)
Where -
(i) P is the permitted price
(ii) D is the amount 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;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -
(i) The holder of the premises licence
(ii) The designated premises supervisor (if any) in respect of such a licence, or
(iii) The personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
2 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3 The responsible person will take all reasonable steps to ensure that 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6. The premises licence holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
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 a holographic mark.
7. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
Where premises licence authorises the exhibition of films:-
8. Where the film classification body is specified in the licence, unless subsection 2(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
1 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.
2 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 operating schedule
1. The operators of the premise shall employ SIA security staff on every Bank Holiday Sunday and on any other day in consultation with the Police between 21.00 and until 15 minutes after the premises are closed.
2. The operators of the premises shall operate with polycarbonate vessels and all glass bottled drinks are decanted into polycarbonate vessels on Bank Holiday Sundays and on any other day in consultation with the Police.
3. The operators of the premises shall operate a dress policy where customers are not allowed on the premises wearing baseball caps/hooded tops.
4. The operators of the premises shall operate the ‘Challenge 25’ proof of age scheme. A refusals book will be fully maintained and be available for inspection.
5. The licence holder shall ensure that the premises comply with an inspection from South Yorkshire Police of the existing CCTV system installed and implement any recommendations made by SYP to ensure that the system confirms to the minimum standard set out in the Premises Licence. The CCTV system must be capable of recording for as minimum of 28 days.
6. The licence holder shall ensure that staff training records in respect of age verification, underage sales and serving alcohol to persons under the influence of alcohol shall be maintained. Such training shall be kept and maintained in respect of new and existing staff.
Training records shall be signed by the DPS and the member of staff, dated and kept on site for inspection by police or authorised local authority licensing officer on request.
7. The licence holder shall ensure that staff refresher training shall take place on an annual basis and shall be recorded.
8. The licence holder shall ensure that Challenge 25 is implemented and adhered to. All customers must be asked for photographic ID who is suspected not 25 years old or older. They must produce photographic ID upon ent1y to premise and at the bar when requesting drinks. This should be in the form of photographic driving licence, passpo1i or identification with 'PASS' emblem on. The licence holder shall ensure that a refusal log is maintained.
The licence holder shall ensure that the monitoring is in place for customers who do not present themselves at the bar to ensure they are also ID checked.
9. The licence holder shall ensure that the refusal logs contain details of any refusals at the bar or door. The register shall consist of consecutively numbered pages in a bound format. It shall be maintained at the premises at all times. The book shall be checked weekly and signed by the DPS/Nominated Supervisor.
10. The licence holder shall ensure that an incident register containing details of any incident of crime, disorder or public nuisance during times the premises are open shall be in place at the premises. The register shall consist of consecutively numbered pages in a bound format. It shall be maintained at the premises at all times. The book shall be checked weekly and signed by the DPS/Nominated Supervisor.
11. The licence holder shall ensure that clear notices shall be placed at all exists advising customers that they leave the premises in a respectful manner.
12. The licence holder shall ensure that the following posters are printed and displayed at the
premises:
a. Zero tolerance to drugs
b. Drinks spiking awareness
c. Fake ID
d. Challenge 25
13. The licence holder shall ensure that the DPS will ensure that empty drinking vessels are cleared away in a timely manner both inside and in the smoking area to ensure they cannot be used as a weapon.
14. The licence holder shall ensure that regular monitoring of noise levels from inside and outside the premises and kept for inspection by police or authorised local authority licensing officer on request.
15. The licence holder shall ensure that whenever there are anticipated changes to the normal operating framework of the premises, where it is reasonable to assume there will be an increase in customers, for example a home football game or advertising and promoting a spmiing event, a risk assessment shall be carried out by the licence holder to determine whether additional door supervisors shall be required. The risk assessment shall be documented in a register, kept on the premises and made available for inspection by the Police or Council licensing enforcement officer upon request.
16. The licence holder shall ensure that customers shall not be permitted to take vessels containing alcoholic products into the premises, and no open vessels containing alcoholic products shall be allowed to be taken from the premises save for consumption in an external area provided for that purpose whilst the premises are conducting licensable activities.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached.