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.
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 the Premises Licence only permits one event on one day per year to take place on the premises.
2. The licence holder shall ensure that the date of the event will be notified to the Rotherham Police licensing department and Rotherham Licensing Authority at least 3 months prior to the event taking place.
3. The licence holder shall ensure that the the Premises Licence Holder or a nominated deputy (in writing) must be on these licensed premises and available to the Responsible Authorities and the Licensing Authority at all times when Licensable activities are taking place.
4. The licence holder shall ensure that the details of the Premises Licence Holder or his deputy who is on duty when licensable activities are undertaken shall be recorded, on these premises, at the time. These records shall be made available to the Licensing Authority or a Responsible Authority on demand.
5. The licence holder shall ensure that the name and contact details of the Premises Licence Holder's deputy(s) will be provided to the Rotherham licensing Authority no later than 7 days prior to the event each year.
6. The licence holder shall ensure that the draft of the Event Management Plan (EMP) will be produced 3 months prior to the event each year and will be submitted to all responsible authorities who will determine whether that draft EMP is acceptable or unacceptable within one calendar month of receipt. Where notification is not received the draft EMP shall be deemed by the Premise Licence Holder to be agreed. The event shall not take place until the EMP has been agreed by all responsible authorities. Once agreed no change shall be made to the draft EMP without the agreement of all responsible authorities.
7. The licence holder shall ensure that the EMP will be a working document providing details of how the event is to be conducted and how safety issues, identified in the event risk assessment, are to be addressed. The EMP will include an event risk assessment and provide specific details on the following area in so far as they relate to the following list which is not exhaustive.
Health and Safety Responsibilities
Venue and Site Design
Fire Safety
Major Incident Planning (Emergency planning)
Communication
Crowd Management (including steward and security numbers and their roles)
Transport
Management Structures
Barriers
Electrical Installations and Lighting
Food and Alcohol
Water
Merchandising and Special Licensing
Amusements,
Attractions and Promotional displays
Sanitary Facilities
Waste Management
Sound: Noise and Vibration
Special Effects, Fireworks and Pyrotechnics
Camping
Facilities for People with disabilities
Medical, Ambulance and First Aid Management
Information and Welfare
Children - including Lost Children's Policy
Performers
TV and Media
8. The licence holder shall ensure that an incident log must be kept at the premises, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or Police, which must record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received
(d) any incidents of disorder
(e) seizures of drugs or offensive weapons
(f) any faults in the CCTV system or searching equipment or scanning
equipment
(h) any visit by a relevant authority or emergency service
9. 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 reference number to be logged and kept for a period no less than 6 months.
10. The licence holder shall ensure that all drinks are provided in plastic drinking vessels.
11. The licence holder shall ensure that there is a zero tolerance drugs policy at the premises and there shall be a suitable secure ‘drop box’ for any illegal substances or items confiscated from customers. Seized items will be handed to South Yorkshire Police.
12. The licence holder shall ensure that all steps are taken to ensure safeguarding of visitors throughout the duration of the event.
Public Safety
13. The licence holder shall ensure that Security will be on site continuously carrying our frequent checks of all areas.
14. The licence holder shall ensure that visitors will pass through fenced areas where all glass and glass bottled drinks will be decanted into plastic vessels.
15. The licence holder shall ensure that any unruly activity will be controlled by the security team if required.
16. The licence holder shall ensure that First Aid will be provided for the duration for any minor ailments and designate staff/security will be on hand to contact emergency services if required.
The licence holder shall ensure that the site will have emergency access for the emergency services.
Prevention of Public Nuisance
17. The licence holder shall ensure that live music will be played outside during reasonable daylight hours until early evening preventing noise disturbance.
18. The licence holder shall ensure that noise from visitors will be controlled by security and the event team until all people and facilities related to the Whiston Festival of Brass have vacated the area.
19. The licence holder shall ensure that clear and legible notices shall be displayed at all exits requesting that the public respect the needs of the local residents and to leave the area quietly.
Protection of Children from Harm
20. The licence holder shall ensure 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.
21. The licence holder shall ensure that a ‘lost child point’ will be located throughout the site.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
Attached