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.
(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 + (D x V)
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.
Annex 2 Conditions consistent with operating schedule
Prevention of Crime and Disorder
1 The licence holder shall ensure that the premise has a CCTV camera system installed and maintained in a good working order. The CCTV system will be registered in accordance with the Data Protection Act.
2 The licence holder shall ensure that the premises are a member of a "Pub Watch" scheme.
3 The licence holder shall ensure that staff training records are maintained and available for inspection by an authorised officer or officer of the Police.
Public Safety
Annex 2 Conditions consistent with operating schedule
Prevention of Crime and Disorder
1 The licence holder shall ensure that the premise has a CCTV camera system installed and maintained in a good working order. The CCTV system will be registered in accordance with the Data Protection Act.
2 The licence holder shall ensure that the premises are a member of a "Pub Watch" scheme.
3 The licence holder shall ensure that staff training records are maintained and available for inspection by an authorised officer or officer of the Police.
Public Safety
1 The licence holder shall ensure that the layout of the site is safe for the public
2 The licence holder shall ensure that Security are onsite for the duration and will check the site on frequent occassions.
3 The licence holder shall ensure that First aid will be provided for the duration for any minor ailments and designate staff/security will be onhand to contact emergency servives if required.
4 The licence holder shall ensure that the site will have emergency access for the emergency services.
Prevention of Public Nuisance
1 The licence holder shall ensure that live music will be played outside during reasonable daylight hours until early evening preventing noise disturbance.
2 The licence holder shall ensure that late night noise from visitors will be controlled by security and the event team until all people and facilities realated to Whiston Festival of Brass have vacated the area.
Protection of Children from Harm
1 The licence holder shall ensure that no planned activities could directly harm children. That there will be no moving vehicles in public areas any unusual need to move vehicles in public areas will be controlled by security and event staff.
2 The licence holder shall ensure a lost child point will be located throughout the site.
Annex 3 Conditions attached after a Hearing of Licensing Authority
none
Annex 4 Conditions agreed with South Yorkhsire Police
1. The licence holder shall ensure that notice is given for any proposed major events involving licensable activities and/or regulated entertainment (capacity exceeding 499 persons at any one time) in writing to South Yorkshire Police Licensing Department, South Yorkshire Fire & Rescue Service, the Responsible Authorities towards Public Safety and Public Nuisance. 6 weeks’ notice shall be given for all such “major events” except where there are exceptional circumstances for a shorter time scale.
2 The licence holder shall ensure that a risk assessment and other event specific information including stewarding and policing proposals will be discussed at event planning meetings between the licensee (or representatives) and responsible authorities where appropriate.
3 The licence holder shall ensure that the Challenge 25 scheme must operate including a refusals log, signage and the maintenance of staff training records.
4 The licence holder shall ensure that the use of SIA registered Security to be adopted for all events. Details of persons used including name, date of birth and SIA ref number to be logged and kept for a period no less than six months.
5 The licence holder shall ensure that all drinks to be provided in plastic drinking vessels.
6 The licence holder shall ensure that there shall be a zero tolerance drugs policy at the premises and there shall be a suitably secure ‘drop box’ for any illegal substances or items confiscated from customers. Seized items will be handed to South Yorkshire Police
7 The licence holder shall ensure that a copy of the South Yorkshire Police Violent Incident Protocol to be displayed within the premises, in sight of staff. This protocol should also form part of staff training and training records to reflect such input.
8 The licence holder shall ensure that clear and legible notices shall be displayed at all exits requesting that the public respect the needs of local residents and to leave the area quietly.
Annex 5 Plans
See attached.