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 an area defined as the “bar area” shall be in place which is sectioned off from the main café and play area by a solid fence or wall at a height no less than 1200mm. A gate shall be fitted with a lock suitable to ensure children cannot gain access to or from the bar area. This bar area will consist of high tables (1400mm high) and bar stools. A scale drawing of this area shall be provided to the Licensing Authority.
2. The licence holder shall ensure that customers shall only be permitted to purchase alcohol from the counter within the enclosed bar area and alcohol shall only be consumed within the enclosed bar area. No alcohol purchased by customers shall be removed from the bar area at any time.
3. The licence holder shall ensure that polycarbonate vessels shall be used whilst ever the premises are open to the public.
4. The licence holder shall ensure that clear signage shall be placed at the entrance to the bar area informing customers that alcoholic products shall not be removed from or taken into the bar area.
5. The licence holder shall ensure that on the occasions that private parties take place at the premises; the conditions set out above will remain in place except when the event is aimed at adults - such occasions are Corporate Events, Weddings, and Adult Birthday Parties where children are not present. On these occasions there will be no requirement to restrict purchase and consumption of alcohol to the bar area alone.
6. The licence holder shall ensure that staff training shall take place on an annual basis in underage sales and serving to persons in drink. Staff training records shall be signed and kept on site at all times for inspection by the Police or Licensing Enforcement Officers.
7. The licence holder shall ensure that a digital CCTV system shall be installed and operated during the hours that alcohol is being sold. The system shall have a 28 day recording and retrieval system and footage shall be capable of being downloaded onto a portable storage device such as memory stick or DVD. The CCTV cameras shall cover the entire licensed area of the premises, including the till area where payment is made for alcohol.
8. The premises licence holder shall ensure that the Information Commissioner’s Office is notified of the CCTV system and that the data controller is aware of the Information Commissioners advice in relation to the storage and handling of personal data, including when it can be provided to third parties.
9. The licence holder shall ensure that Equipment shall be operated and maintained in good and clear working order
10. The licence holder shall ensure that notice of CCTV in operation shall be displayed in a clear and prominent position at the premises.
8. The licence holder shall ensure that notices shall be placed at all exits advising customers that they should respect the neighbourhood and leave quietly.
9. The licence holder shall ensure that staff are vigilant at all times by constantly monitoring customers and all area of the building to look out for early warning signs of any problems or nuisance.
10. The licence holder shall ensure that there will be no irresponsible alcohol promotions.
11. The licence holder shall ensure that managers are on site and are trained to deal with conflict; where police assistance is required panic buttons are installed throughout.
12. The licence holder shall ensure that all staff are trained in their duty to refuse the sale of alcohol to a drunk person and managers will have the confidence to request a drunk or disorderly person leave the premises.
Public Safety
13. The licence holder shall ensure that daily premises checks are carried out by the staff, this includes checking that signs are in place, all fixtures and fittings are fit for intended use.
14. The licence holder shall ensure that fire training is carried out regularly along with regular review of all risk assessments.
15. The licence holder shall ensure that all staff will be trained on how to refuse a sale of alcohol and such refusals shall be recorded in addition to records of staff training / regular refresher training.
Prevention of Public Nuisance
16. The licence holder shall ensure that signs are displayed requesting customers respect the needs of local residents. In addition, staff will ask customers to leave the premises quietly. The latest the business will serve alcohol is to 8 p.m. which is when all customers will leave the premises.
Protection of Children from Harm
17. The licence holder shall ensure that all persons under the age of 18 must be accompanied by a responsible adult to enter the premises. The responsible adult enters their details and signs to accept responsibility of that child.
18. The licence holder shall ensure that staff are vigilant and all staff have undergone ‘Safeguarding Children’ training. Regular staff training will be carried out when and how to refuse a sale.
19. The licence holder shall ensure that the premises implement a ‘Challenge 25’ age verification policy ‘no proof-no sale’ signage will be in place at the point of sale.
Annex 3 Conditions attached after a Hearing of Licensing Authority
20. The licence holder shall ensure that the licence shall be effective only on those days and at those times when the premises are being hired for private functions and are closed to the general public and only between the hours of 11 a.m. and 8 p.m.
21. The licence holder shall ensure that in addition to the Designated Premises Supervisor, at all times one other member of staff employed at the premises shall be a personal licence holder (in accordance with the terms of the Licensing Act 2003).
Annex 4 Plans
See attached PP1050_(67)001