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.
Showing of films
Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
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 appropriate levels of security and stewarding will be employed in accordance with the event management plan, risk assessments and BS8406:2003. Details of the proposed security including staffing numbers will be included in the event management plan.
2. The licence holder shall ensure that the DPS will satisfy himself that any members of staff dispensing alcohol are fully aware of their legal responsibilities under the Licensing Act 2003.
3. The licence holder shall work closely with South Yorkshire Police to minimise any risk of crime and disorder.
4. The licence holder shall ensure that a drugs policy will be drawn up in consultation with South Yorkshire Police, and will form part of the event.
Public Safety
5. The licence holder shall ensure that a detailed site plan, Event Management Plan and accompanying risk assessments will be sent to the licensing authority and the responsible authorities for inspection and comment at least 2 months in advance of any licensed event.
6. The licence holder shall ensure that the premise licence holder shall fully consult with the Events safety advisory group and will comply with conditions agreed between the premises licence holder and the events safety group.
7. The licence holder shall ensure that the management of the event shall comply with all current legislation and will take account of all relevant current guidance including the event safety guide, BS7909:2008 and managing crowds safely.
8. The licence holder shall ensure that all site structures will be in place and available for inspection by the licensing authority on the morning of the event, prior to opening time.
9. The licence holder shall ensure that an experienced event safety coordinator will be contracted during the planning and duration of the event.
10. The licence holder shall ensure that a full fire risk assessment will be undertaken and the premises licence holder shall work closely with South Yorkshire Fire & Rescue.
11. The licence holder shall ensure that no glass bottles containing alcohol or other beverages, whether opened or sealed, shall be sold or given to customers on the premises. All drinks will be dispensed to customers in plastic or paper vessels.
12. The licence holder shall ensure that the event management plan and accompanying risk assessments will take into account the safety of the public at all times whilst on site. Specific arrangements will be made to take into account the safety of disabled people.
13. The licence holder shall ensure that unobstructed exits for the public and access for emergency vehicles will be maintained whilst the premises are open.
14. The licence holder shall ensure that safety checks are carried out by the Event Safety officer prior to admitting the public.
15. The licence holder shall ensure that when disabled persons are present adequate arrangements must be in place to enable their safe evacuation in the event of an emergency. Staff must be aware of disabilities and react according to a pre-determined plan and disabled persons on the premises must be aware of the arrangements in place to enable their safe evacuation in the event of an emergency. All escape routes and exits must be kept unobstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
16. The licence holder shall ensure that any use of special effects will be notified to the licensing authority at least ten days prior to the event.
17. The licence holder shall ensure that drinking water (e.g.e tap water) shall be available to patrons in sufficient quantities at all times whilst patrons are present on the premises.
Prevention of Public Nuisance
18. The licence holder shall ensure that noise management procedures for monitoring noise levels during the event will be in place, the locations are to be monitored, management authority for reducing sound levels and procedures for dealing with complaints will be sent to licensing authority and the responsible authorities for inspection and comment at least 2 months in advance of the licensed event. Signs will be displayed requesting departing customers respect the local area and neighbours.
19. The licence holder shall ensure that external lighting will be positioned so as not to cause nuisance to neighbouring or adjoining properties.
20. The licence holder shall ensure that waste and refuse are removed in a timely manner to a licenced waste facility.
Protection of Children from Harm
21. The licence holder shall ensure that no one under the age of 18 will be permitted into the venue.
22. The licence holder shall ensure that a Challenge 25 policy will be implemented at the premises; with no sale of alcohol to those appearing under the age of 25 who cannot produce a PASS accredited ID or a passport, or photo-card driver’s licence upon request.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans