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
1. There shall be no change to the operating style of the premises without proper written notice to the Licensing Authority, which shall include details of the operating style proposed. The Licensing Authority shall advise within 21 days whether a formal application for a full or minor variation or a new licence is required, and the holder shall comply with that direction.
2. The premises shall operate solely as a restaurant. Alcohol will only be served or sold under the following circumstances:
i. To a person who is consuming a restaurant meal whilst seated at a table in the premises (as an accompaniment to that meal).
ii. To a person who has made a table booking at the restaurant and is waiting for their table to become available.
iii. To a person that has consumed a restaurant meal at the premises and has ordered an alcoholic drink to follow their meal (for example, as a digestif).
3. The premises will not operate exclusively as a bar at any time.
4. Alcohol shall only be served to customers seated.
5. The premises shall operate table service at all times, orders will not be accepted at any bar area.
6. The premises shall ensure that food and drink orders are delivered to a table, ordered items will not be provided to the customer from any bar area.
7. The premises will not accept bookings from groups or individuals who will be attending the premises for drinks only.
8. The management of the premises will liaise with police on issues of local concern or disorder.
9. The external decking area of the premises must not be used after 21.00hrs Sunday - Thursday and 22.00hrs Friday and Saturday.
10. The external bar must not be used after 20.45hrs Sunday - Thursday and 21.45hrs Friday and Saturday.
11. Customers shall not be permitted to take vessels containing alcoholic products outside of the interior of the premises after 21.00hrs Sunday - Thursday and 22.00hrs Friday and Saturday.
12. Tables in external areas of the premises shall be permanently affixed and shall not be moved.
13. Customers shall not be permitted to take vessels containing alcoholic products into the premises, and vessels containing alcoholic products shall be allowed to be taken from the premises.
14. The licence holder shall ensure that consumption of alcohol is contained to the premises as defined on the plan.
15. The licence holder shall ensure regular glass collecting is undertaken within both the internal and external areas of the premises.
16. The use of glass alternative drinking vessels shall be utilised in accordance with the premises assessment of risk.
17. The licence holder shall ensure that regular checks are carried out outside of the premises to ensure that the area is free from litter and nuisance behaviour associated with the operation of the business.
18. The premises licence holder shall ensure that a policy relating to the restrictions outlined in conditions 1-8 is implemented to ensure the conditions are met.
19. External speakers shall not be fixed to the exterior of the premises or used within the external area.
20. All external windows and doors must be kept closed whilst the premises are carrying out licensable activity save for access and egress.
21. An automatic door closer must be installed on all external doors to which the public have access.
22. Noise, vibration, or odours shall not emanate from the premises so as to cause a nuisance to nearby sensitive properties
23. The premises licence holder, DPS or suitably trained nominated staff member shall undertake regular monitoring of noise outside of the premises in the vicinity of the nearest residential property to ensure that noise associated with the premises is not at a level to cause nuisance.
24. Customers shall be reminded by way of clear and prominent notices at the entrance/exit door to please leave the premises quietly and have consideration for any neighbouring residential or business properties.
25. No glass, materials or bottles shall be deposited in any skip, bin, or container of a like nature, located in the open air outside the premises between the hours of 21:00 and 08:00 and any such skip, bin or container shall not be removed from the premises between those hours.
26. The sale of food must be to those seated or waiting to be seated at the premises save for private pre-booked groups during which a buffet may be served. The licensing authority must receive 21 days’ notice prior to any private pre-booked group or event. Outside diners must be seated for the sale of food, food shall not be served for consumption off the premises.
27. Persons under the age of 18 years must be accompanied and supervised by a responsible adult whilst on the premises.
28. All staff involved in the sale of alcohol shall receive training in underage sales, serving to persons in drink, drug awareness and how to deal with abusive and aggressive customers.
29. Staff refresher training shall take place on an annual basis and be recorded.
30. New staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales training, and serving to persons in drink. This training shall be recorded.
31. All staff training records shall be retained on the premises, maintained by the DPS or Premises Licence Holder, and made available immediately for inspection upon request by South Yorkshire Police or Local Authority Enforcement Officers.
32. An incident register shall be maintained and kept on site at all times to record all incidents involving anti-social behaviour, injury and ejections from the premises. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the incident, details of the nature of the incident and names of any other staff involved or to whom the incident was reported.
33. This register shall be checked by the premises licence holder, DPS or suitable trained nominated member of staff on a weekly basis and signed.
34. This register shall be made available for inspection by South Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
35. A refusals register shall be maintained and kept on site at all times to record all incidents involving refusal to serve alcohol at the premises. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the refusal, staff member challenging the sale and identification checked.
36. This register shall be checked by the premises licence holder, DPS or suitable trained nominated member of staff on a weekly basis and signed.
37. This register shall be made available for inspection by South Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
38. The premises licence holder shall adopt an age verification scheme which incorporates Challenge 25.
39. A CCTV system shall be installed at the premises which has 30 day recording and retrieval and be capable of downloading onto a portable storage device such as DVD or memory stick.
40. The CCTV cameras shall cover the entire premises, including the till area where payment is made for alcohol and all areas in which members of the public have access. The location of the monitor to allow playback and retrieval of data shall be located in an area which is easily and safely accessible to Police Officers and Local Authority Officers.
41. At least one current staff member and all members of management shall be trained in the use of the system to ensure rapid data retrieval and download is retrieved should it be required by a Police Officer or Council Officer. Any footage requested shall be made available in any event within 24 hours.
42. The licence holder shall undertake a risk assessment of the premises to determine whether door supervisors shall be required.
43. 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 the advertising and promoting of a sporting event, a risk assessment shall be carried out by the premises licence holder to determine whether door supervisors shall be required. The risk assessment shall be documented in a register, kept at the premises and available for inspection by the Police or Council licensing enforcement officer upon request. The risk assessment shall comply with any advice given by South Yorkshire Police or Council licensing officers in respect of door supervisors
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans