Annex 1 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 a 16 CCTV system is installed and maintained in consultation with the Police crime prevention office. The system shall be maintained in good working order to the satisfaction of the Police and Local Authority and be in operation when the premises are open to the public.
2. The licence holder shall ensure an incident book is kept on the premises, in which all instances if public disorder is recorded.
3. The licence holder shall ensure that that sale of alcohol is not permitted to drunk or intoxicated customers.
4. The Licence holder shall ensure that staff making deliveries of alcohol will only deliver to adult recipients producing a valid photo ID (for example a passport or photo driving licence or PASS card), Details of the identification must be recorded by staff when taking an order and cross checked with the identification produced at the point of delivery to ensure a match. If the recipient refuses to produce appropriate ID, or if the person delivering remains in doubt that the recipient is not 18 years of age or over, or if the identification is suspected of being invalid, delivery will be terminated. A refusals book must be maintained to record occasions when a delivery was terminated.
5. The licence holder shall ensure that alcohol deliveries may only occur ancillary to food orders.
6. The licence holder shall ensure that a refusals book must be maintained to record instances when the specified adult was not available to receive a delivery.
7. The licence holder shall ensure that at point of order staff obtain name, date of birth and method of identification to be produced to the delivery driver.
Public Safety
8. The licence holder shall ensure that adequate internal and external lighting is fitted at the premises.
9. The licence holder shall ensure that staff are fully trained in Environmental Health requirements.
10. The licence holder shall ensure that a procedure is in place to ensure fire exists are checked regularly and clear from obstruction at all times.
11. The licence holder shall ensure that emergency lighting and smoke detectors are installed and inspected at appropriate intervals to ensure they are in good working order.
12. The licence holder shall ensure that all emergency exit doors shall be maintained effectively, self-closing and not open other than by an approved device.
13. The licence holder shall ensure any occupancy figures are upheld.
Prevention of Public Nuisance
14.The licence holder shall ensure that customers will be asked to refrain from talking loudly outside the premises so to minimise nuisance to local residents.
15.The holder of the premises licence shall ensure that no music or amplified speech originating from the premises shall be audible inside any residential property at any time.
Note: For the purposes of this condition noise may be considered inaudible when it is at a low enough level that it is not recognisable as emanating from the source in question and/or it does not alter the perception of the ambient noise environment that would prevail in the absence of the source in question.
16. The licence holder shall ensure that suitable receptacles will be provided for cigarette litter in outside area.
17. The licence holder shall ensure that notices are displayed at the premises reminding customers to keep noise levels to a minimum and to respect the neighbours when leaving the premises.
18. The licence holder shall keep doors and windows (except for access and egress) closed to help reduce noise.
19. The licence holder shall ensure that deliveries of materials necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent disturbance and nuisance to nearby residents.
Protection of Children from Harm
20. The licence holder shall ensure the Challenge 25 scheme is operated at the premises including a refusals log, signage and the maintenance of staff training records.
21. The licence holder shall ensure that children under the age of 12 will be required to be accompanied by an adult.
22. The licence holder shall ensure that a limit on the hours during which children can be present on the premises will be introduced.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached 7616/03C