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 they monitor and staff events in line with the Centre’s policies and procedures.
2. The licence holder shall ensure that all staff have undertaken ‘Prevent Training’.
3. The licence holder shall ensure that clear and legible notices are displayed outside the premises indicating the normal hours that the premises are permitted licensable activities under the Licensing Act 2003.
4. The licence holder shall ensure that alcohol is not sold to drunk or intoxicated customers.
5. The licence holder shall ensure that staff are vigilant in identifying and dealing with criminal activity, violence and antisocial behavior and the prevention of the use and sale of illegal drugs at the premises.
6. The licence holder shall ensure that staff are trained in advising customers and promoting use of the premises in an orderly and respectful manner.
Public Safety
1. The licence holder shall ensure that all sales of alcohol shall only be made using polycarbonate vessels. No glass vessels shall be used.
2. The licence holder shall ensure that he only vessels licensed under this premises licence are Swinton Spirit and Narroway. Both vessels shall be moored at Swinton Lock when not in use.
3. The licence holder shall ensure that when licensable activity is taking place upon these vessels, either whilst moored at Swinton Lock, or in transit, the vessels shall abide by the Codes of practice set out in the Maritime and Coastal Agency Association of Inland Navigation Authorities Sound Practice safer waters inland small passenger Boat Code, a copy of which has been provided. A copy of the Codes shall be on display in a clear and conspicuous position in both vessels.
4. The licence holder shall ensure that A health and safety risk assessment must be completed in respect of passengers travelling from the Swinton Lock site to the canals, including boarding and alighting from the boats. The area shall be well lit when being used during the hours of darkness.
5. The licence holder shall ensure that the relevant public liabilities are in place.
6. The licence holder shall ensure that First Aiders are present at the premises.
7. The licence holder shall ensure that all staff and crew on the boats are fully trained and accredited, that safety talks are given at the start of each trip/event/activity. Life jackets must also be provided.
8. The licence holder shall ensure that disclaimers re-sobriety in place and shared as part of the safety talk as to acceptable behavior.
9. The licence holder shall ensure that internal and external lighting is sufficient to provide public safety.
10. The licence holder shall ensure that staff are trained to observe environmental health requirements, Health & Safety & specific staff trained to level 2 in food hygiene.
11. The licence holder shall ensure that a log book or recording system will be kept on the premises to record inspections made and those required by statue.
12. The licence holder shall ensure that the log book will be made available for inspection when required person authorised under the Licensing Act 2003 or associated legislation.
13. The licence holder shall ensure that all parts of the premises and all fittings and apparatus therein, door fastening and notices, lighting, heating, electrical, air conditioning (fans), sanitary accommodation and other installations will be maintained at all times in good order and in safe condition in compliance with current legislation and inspection/maintenance schedules.
14. The licence holder shall ensure that staff and volunteers are all enhanced DBS checked for working with vulnerable and adults and young people.
15. The licence holder shall ensure that risk assessments and Fire Safety procedures/protocols are in place.
Prevention of Public Nuisance
16. The licence holder shall ensure that new staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, serving to persons in drink and underage sales training. This training shall be recorded.
17. The licence holder shall ensure that staff refresher training shall take place on an annual basis and be recorded.
18. The licence holder shall ensure that all staff training records shall be maintained by the DPS or Premises Licence Holder, maintained and available immediately for inspection upon request by South Yorkshire Police or Local Authority Enforcement Officers.
19. The licence holder shall ensure that customers will be reminded by way of clear and prominent notice to please leave the premises quietly and have consideration for any neighbouring residential properties.
20. The licence holder shall ensure that no open vessels shall be permitted to be brought onto the premises, nor removed from the premises. Only alcohol purchased from the premises shall be permitted to be consumed on the two boats licensed under this premises licence.
21. The licence holder shall ensure that the delivery of goods necessary for events and activities will be actioned during the daytime opening hours to prevent nuisance and disturbance to nearby residents. The designated person (CEO) will ensure that staff who arrive early morning or depart later at night when the event has ceased conduct themselves in such a manner to avoid causing disturbance to nearby residents.
22. The licence holder shall ensure that customers will be asked not to stand around talking loudly in the street outside the premises.
23. The licence holder shall ensure that any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents.
24. The licence holder shall ensure that adequate waste receptacles for the use of customers shall be provided.
Protection of Children from Harm
25. The licence holder shall ensure that the premises shall adopt a Challenge 25 proof of age scheme approved by South Yorkshire Police. Signage shall be displayed in the premises, including on the The Swinton Spirit and Narroway that Challenge 25 is the age verification policy adopted.
26. The licence holder shall ensure that notices shall be displayed in the premises, including on the Swinton Spirit and Narroway where they can be clearly seen, to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person less than 18 years of age.
27. The licence holder shall ensure that a refusals book shall be in place in which all refusals shall be recorded. The book shall be in a consecutively numbered bound format.
28. The licence holder shall ensure that 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, and details of the nature of the incident and names of any other staff involved or to whom the incident was reported.
29. The licence holder shall ensure that that the register shall include the details of any Police Officer who attended the incident, names and addresses of any witnesses.
30. The licence holder shall ensure that this register shall be made available for inspection by South Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
31. The licence holder shall ensure that safeguarding training shall be provided for all staff and volunteers.
32. The licence holder shall ensure that Challenge 25 training will be given to staff and volunteers, including that staff are well trained in the requirements for requesting acceptable forms of ID; a card bearing the PASS hologram, a photographic driving licence or a passport to enable the sale of alcohol.
33. The licence holder shall ensure that an activity schedule is in place to ensure that events which include licensable activities do not occur during or overlap at the time of planned children’s/young people’s activities in the centre.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
Attached.