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 use of door staff will be risk assessed on an ongoing basis by the licence holder or DPS. Where engaged door staff shall be licenced by the Security Industry Authority.
2. The licence holder shall ensure that staff receive training on matters concerning underage sales, drugs policies and operating procedures.
3. The licence holder shall ensure that a zero tolerance policy in relation to drugs at the premises and there shall be regular checks by management to prevent the use of drugs by patrons. Drugs seized shall be stored securely and handed to the police.
4. The licence holder shall ensure the premises operate a proof of age scheme and will require photographic identification from any person who appears to be under the age of 21. (Challenge 21)
5. The licence holder shall ensure that the management of the premises will liaise with police on issues of local concern or disorder.
6. The licence holder shall ensure that CCTV will be installed with recording facilities , such recordings shall be retained for a period of 31 days and made available within a reasonable time upon request by the police, such as to cover the main entrance of the premises.
7. The licence holder shall ensure that there shall be drinks promotions at the premises which are inconsistent with the need to promote responsible drinking.
Public Safety
8. The licence holder shall ensure that they comply with the reasonable requirements of the fire officer from time to time.
9. The licence holder shall ensure that the premises will have adequate safety and firefighting equipment and such equipment will be maintained in good operational order.
10. The licence holder shall ensure that staff are trained on matters of safety, evacuation and use of emergency equipment as required.
11. The licence holder shall ensure that spillages and breakages will be removed as soon as possible to remove the risk to patrons and staff.
12. The licence holder shall ensure that toughened glass will be used in the premises where appropriate.
13. The licence holder shall ensure that fire exits and means of escape shall be kept clear and in good operational condition.
Prevention of Public Nuisance
14. The licence holder shall ensure that prominent, clear notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
15. The licence holder shall ensure that no music or amplified speech originating from the premises shall be audible inside any nearby residential property (or hotel bedroom) after 11 pm. 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 noise or vibration shall not emanate from the premises as to cause a nuisance to nearby properties.
17. The licence holder shall ensure that contact numbers for local taxi firm(s) are kept at the premises and made available to patrons requiring a taxi.
Protection of Children from Harm
18. The licence holder shall ensure that no films or videos of any description will be shown so that they can be viewed by persons under the age of any applicable BBFC/Local Authority certification.
19. The licence holder shall ensure there shall be adequate controls in place including staff training to safeguard against the sale of alcohol to persons under 18 years.
20. The licence holder shall ensure that the premises supervisor or appointed staff member shall ensure that when children are admitted to the premises their presence is not inconsistent with the style of operation of the premises at that time and the licensable activities that are being carried out.
21. The licence holder shall ensure that policies in relation to children shall be adequately communicated to patrons by staff or through appropriate signage.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached