Mandatory Conditions
All Premises Licence authorising supply of alcohol
The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.
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.
Showing of films
Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
If the Premises Licence has conditions in respect of Door Supervision
[except theatres, cinemas, bingo halls and casinos]
1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of the Act.
2. But nothing in subsection (1) requires such a condition to be imposed:
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or
(b) in respect of premises in relation to:
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act.
3. For the purposes of this section:
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Annex 2 Conditions consistent with operating schedule
Prevention of Crime and Disorder
1. The licence holder shall ensure that entry to the lounge/main area may only be accessed through the reception area where proof of age policy is enforced before entry to main area.
2. The licence holder shall ensure that an appropriate room is set aside for changing clothes.
3. The licence holder shall ensure that a responsible management approach is carried out for groups admission and that no admissions are permitted for persons who are drunk and disorderly.
4. The licence holder shall ensure that a zero tolerance drugs policy is in place.
5. The licence holder shall ensure that they liaise with local police to act on crime prevention initiatives.
Public Safety
6. The licence holder shall ensure that staff are trained in evacuation procedures for the premises.
7. The licence holder shall ensure that an adequate and appropriate first aid kit is available.
8. The licence holder shall ensure that premises have appropriate emergency lighting.
Prevention of Public Nuisance
9. The licence holder shall ensure that customers are requested to leave the premises in a quiet and responsible manner.
Protection of Children from Harm
10. The licence holder shall ensure that no persons under the age of 18 are admitted or allowed on the premises.
11. The licence holder shall ensure that a robust entry policy is in place requiring any person who appears to be under 25 show proof of age.
Annex 3 Conditions attached after a Hearing of Licensing Authority
12. The licence holder shall ensure that Challenge 25 scheme must operate including a refusals log, signage and the maintenance of staff training records.
13. The licence holder shall ensure that staff Training will receive training on matters concerning underage sales, drugs policies, and operating procedures. Records of such training will be kept and made available for inspection by the authorities on request.
14. The licence holder shall ensure that a colour CCTV system to a specification required by South Yorkshire Police and in accordance with current Home Office Guidelines, will be installed and utilised at the premises, with a sufficient storage capacity to store a minimum of 28 days footage. The system shall ensure all licensed areas are covered. Equipment shall be operated and maintained in good and clear working order and recordings shall be kept in date order, numbered and retained for a period of at least 28 days, or as otherwise recommended by the police; Staff shall be trained in the use of the system to ensure rapid data retrieval and download when required by Police or Local Authority Enforcement Officers; CCTV shall be active when the premises are open for licensable activities and at least one member of staff who is trained in downloading from the system shall be on the premises during trading hours. Police and authorised officers of the Council will be given access to images for purposes in connection with the prevention and detection of crime and disorder.
15. The licence holder shall ensure that an Incident Book shall be maintained and kept on the premises to record all incidents involving anti-social behaviour, injury and ejections from the premises. The register will contain consecutively numbered pages in a bound format and include as a minimum:
i. Time, date and location of incident
ii. Nature of the incident
iii. Names, addresses and contact details of persons involved
iv. Full details of any SIA door staff involved in the incident
v. If CCTV footage is available
vi. Result of the incident
vii. Action taken to prevent further such incidents as necessary
viii. Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS
16. The licence holder shall ensure that the record / log shall be retained for a period of at least 12 months from the entry date and made available for inspection on demand by an Authorised Officer of the Council, or a Police Constable.
17. The licence holder shall ensure that a refusal log will be completed and kept at the premises at all times. The refusal log shall contain the following details as a minimum:
i. Time, date and location of refusal.
ii. Reason for refusal
iii.Each entry signed by the DPS or other responsible person employed at the premises and so authorised by the DPS
18. The licence holder shall ensure that the record / log shall be retained for a period of at least 12 months from the entry date and made available for Inspection on demand by an Authorised Officer of the Council, or a Police Constable.
19. The licence holder shall ensure that no children should be allowed on the premise whilst conducting licensable activity.
20. The licence holder shall ensure that no customers apparently carrying open bottles or vessels upon entry shall be admitted to the premises at any time the premises are open to the public.
21. The licence holder shall ensure that no customers will be allowed to take from the premises open bottles or vessels.
22. The licence holder shall ensure that no relevant entertainment (as defined by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982) shall take place on the premise.
23. The licence holder shall ensure that where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.
24. The licence holder shall ensure that the use of glass alternative drinking vessels shall be utilised in accordance with the premises assessment of risk.
25. The licence holder shall ensure that drinks may not be removed from the premise in open containers.
26. The licence holder shall ensure that at least one registered SIA door supervisor must be employed at the premises from 20.00 until the close of business whenever the premise is open. Unless required elsewhere in the premises, the door supervisor shall remain at the entrance foyer ensuring the internal door to the premises is not locked. The requirement for such security at any other time to be risk assessed by the Designated Premises Supervisor or member of the management team.
Annex 4 Plans
Attached