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 a CCTV system to the specification of South Yorkshire Police will be fitted, always maintained and in use whilst the premises are open (in line with specification July 2019). The CCTV images will be stored for 28 days and police and authorised officers of the council will be given access to images for purposes in connection with the prevention and detection of crime and disorder. Members of the management team will be trained in the use of the system.
2. The licence holder shall ensure that the premises will only be available for family events and functions, schools and community events or corporate events and functions, no other adult only event or function will be permitted on the premises in keeping with our ethos of being a family resort suitable for children aged 2 - 13.
3. The licence holder shall ensure that suitably qualified door supervisors will be employed for pre-booked events and functions when the premises are open past midnight and both the provision of regulated entertainment and the supply of alcohol are taking place.
4. The licence holder shall ensure that CCTV will be installed in any bar area and operated and maintained to the satisfaction of Rotherham MBC and the chief officer of police in accordance with any requirements set out in Rotherham MBC’s licensing policy.
5. The licence holder shall ensure that A4 sized warning notices will be displayed in public areas of the premises and at all entrances advising that CCTV is in operation. The signs located at entrances will be placed on the exterior of the building at, and adjacent to, all public access doors. All signs will comply with the requirements of the Data Protection Act 2002.
6. The licence holder shall ensure that an incident book will be maintained within which full details of all occurrences of disorder and refused alcohol sales at the premises will be recorded. The incident book will be kept on the premises at all times and will be made available for inspection by Rotherham MBC and the police.
7. The licence holder shall ensure that no customers will be permitted to take open containers of alcoholic or soft drinks from the Resort.
8. The licence holder shall ensure that all bottles and glasses and rubbish will be removed from public areas on a regular and frequent basis.
9. The licence holder shall ensure that should a pop-up bar be erected on the premises it shall be located in an area covered by CCTV.
10. The licence holder shall ensure that at least one current staff member trained in the use of the system shall be on the premises to ensure rapid data retrieval and download is retrieved should it be required by a Police Officer, Licensing Authority Officer or any other authorised person (as defined in the Licensing Act 2003). Any footage requested shall be made available as soon as possible and in any event within 24 hours of the request being made.
11. The licence holder shall ensure that an incident log must be on the premises at all times, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or Police, which must record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received
(d) any incidents of disorder
(e) seizures of drugs or offensive weapons
(f) any faults in the CCTV system or other equipment intended to be used to assure the safety of customers e.g. handheld scanners / knife arches.
(h) any visit by Local Authority Officers, any other authorised person (as defined in the Licensing Act 2003) or emergency service.
12. The licence holder shall ensure that 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.
13. The licence holder shall ensure that the register shall include the details of any Police Officer who attended the incident, and where possible the names and addresses of any witnesses, and confirmation as to whether there is CCTV footage of the incident. The register will be checked and signed on a weekly basis by a nominated member of staff.
14. The licence holder shall ensure that a refusals register shall be maintained and kept on site at all times to record all occasions where refusal to sell alcohol has taken place. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the refusal, details of the nature of the incident, names of any other staff involved or to whom the incident was reported, and a description of the person(s) refused. The register shall be checked and signed on a weekly basis by a nominated member of staff.
15. The licence holder shall ensure that the register shall be made available for inspection by South Yorkshire Police, a Local Authority Officer, or any other authorised person (as defined in the Licensing Act 2003) on request.
16. The licence holder shall ensure that new staff shall receive induction training prior to the commencement of their employment at the premises, including drug awareness, underage sales training, and serving to persons who are drunk. This training shall be recorded.
17. The licence holder shall ensure that staff refresher training shall take place on an annual basis and shall be recorded.
18. The licence holder shall ensure that all staff training records shall be retained on the premises where possible, maintained by Premises Licence Holder, and made available immediately for inspection upon request by South Yorkshire Police, Local Authority Officers or other authorised person (as defined in the Licensing Act 2003).
19. The licence holder shall ensure that all 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.
20. The licence holder shall ensure that staff are aware of early warning signs and potential triggers of problems or nuisance and be trained in how to respond to this.
21. The licence holder shall ensure that the manager or specified deputy are on site and trained to deal with de-escalation of conflict.
22. The licence holder shall ensure that all staff are trained in their duty to refuse the sale of alcohol to a drunk person enabling them to have confidence to discharge their duties effectively.
23. The licence holder shall ensure that there is a zero tolerance drugs policy at the premises and there shall be a suitable secure ‘drop box’ for any illegal substances or items confiscated from customers. Seized items will be handed to South Yorkshire Police.
24. The licence holder shall ensure that entry to the site is refused to those who are intoxicated.
Public Safety
25. The licence holder shall ensure that an appropriate method will be used for checking the number of people entering and leaving the premises and ensuring that once the maximum occupancy is reached, no further persons are admitted.
26. The licence holder shall ensure that drinks promotions will not be permitted.
27. The licence holder will check the premises before it opens to the public to ensure there are no risks to patrons and that all safety precautions are in place.
28. The licence holder will ensure that all staff receive appropriate training about emergency and general safety precautions and procedures.
29. The licence holder will ensure that all relevant staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.
30. The licence holder shall ensure that free drinking water will be made available at all times the premises is open to the public.
31. The licence holder shall ensure that the telephone numbers of local taxi operators will be prominently displayed at the premises for the benefit of customers attending functions or events.
32. The licence holder shall ensure that the electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person and a satisfactory safety report obtained. A competent person will be a suitably qualified electrician who is registered with the ECA or NICEIC.
33. The licence holder shall ensure that the gas system, including appliances, will be inspected annually and tested by a Gas Safe Registered engineer and a satisfactory Gas Safety Certificate must be obtained.
34. The licence holder shall ensure that any oil-fired boilers and appliances currently installed on the premises or installed in the future will be inspected and tested annually and an OFTEC certificate of inspection will be obtained.
35. The licence holder shall ensure that all safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
36. The licence holder shall ensure that the fire safety measures provided on the premises will be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.
37. The licence holder shall ensure that an adequate and appropriate supply of first aid equipment and materials will be available on the premises.
38. The licence holder shall ensure that save for residents in self-catering accommodation, customers shall not be permitted to take vessels containing alcoholic products into the premises, and no open vessels containing alcoholic products shall be allowed to be taken from the premises whilst the premises are conducting licensable activities.
39. The licence holder shall ensure that daily premises checks are carried out by the staff, this includes checking that signs are in place, and all fixtures and fittings are fit for intended use.
40. The licence holder shall ensure that all staff are trained on how to refuse the sale of alcohol and such refusals shall be recorded in addition to records of staff training/refresher training.
41. The licence holder shall ensure that First Aid will be provided for any minor ailments and designate staff/security will be on hand to contact emergency services if required.
42. The licence holder shall ensure that the site will have emergency access for the emergency services.
43. The licence holder shall ensure that all steps are taken to ensure safeguarding of visitors throughout the duration of their visit.
44. The licence holder shall ensure that at the direction of the Licensing Authority in cases where there is an event which requires changes to the usual operating practices of the premises (for example a large corporate event, themed and celebratory events etc) and the premises would reasonably expect a greater number of persons or change to usual activities (for example fireworks, greater number of live performers) the licence holder must provide a comprehensive Event Management Plan (EMP) to all Responsible Authorities at least 3 months prior to the event taking place unless otherwise agreed with the Licensing Authority. Responsible Authorities will notify the licence holder of any concerns with the EMP within one month of its receipt - where notification is not made then the licence holder shall consider the EMP to be agreed by the Responsible Authority.
45. The licence holder shall ensure that unless otherwise agreed with the Licensing Authority the event shall not take place until the EMP has been agreed by all responsible authorities. Once agreed no change shall be made to the draft EMP without the agreement of all responsible authorities.
46. The licence holder shall ensure that the EMP will be a working document providing details of how the event is to be conducted and how safety issues, identified in the event risk assessment, are to be addressed. The EMP will include an event risk assessment and provide specific details on the following area in so far as they relate to the following list which is not exhaustive.
Health and Safety Responsibilitie
Venue and Site Design
Fire Safety
Major Incident Planning (Emergency planning)
Communication
Crowd Management (including steward and security numbers and their roles)
Transport
Management Structures
Barriers
Electrical Installations and Lighting
Food and Alcohol
Water
Merchandising and Special Licensing
Amusements
Attractions and Promotional displays
Sanitary Facilities
Waste Management
Sound: Noise and Vibration
Special Effects, Fireworks and Pyrotechnics
Camping
Facilities for People with disabilities
Medical, Ambulance and First Aid Management
Information and Welfare
Children - including Lost Children's Policy
Performers
TV and Media
47. The premises licence holder shall carry out a risk assessment to determine whether door supervisors shall be required for any pre-booked events, functions and whenever it is reasonable to assume an increase in customers due to a change to the normal operating framework of the premises. The risk assessment shall be documented in a register, kept at the premises and made available for inspection by South Yorkshire Police, Local Authority Officers or other authorised person (as defined in the Licensing Act 2003). The risk assessment shall comply with any advice given by South Yorkshire Police or Council licensing officers in respect of door supervisors.
48. The licence holder shall ensure that when employing door supervisors at the premises a minimum of 2 SIA trained door supervisors will be employed from the commencement of an event.
49. The licence holder shall ensure that a Door Staff Register shall be kept recording names of all door supervisors including SIA badge numbers and times and dates when on duty. The register will be retained onsite for a minimum of 12 months.
50. The licence holder shall ensure that these records shall be provided to South Yorkshire Police, Local Authority Officers or other authorised person (as defined in the Licensing Act 2003) on request.
Prevention of Public Nuisance
51. The licence holder shall ensure that during pre-booked events and functions the licence holder will ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of patrons.
52. The licence holder will control the volume of regulated entertainment taking place at the premises.
53. The licence holder shall ensure that customers shall be reminded by way of clear and prominent notices at the entrance/exit door to please leave the premises quietly and have consideration for any neighbouring residential or business properties.
Protection of Children from Harm
54. The licence holder shall ensure that the premises shall adopt a Challenge 25 proof of age scheme. Signage shall be displayed in the premises that states that Challenge 25 is the age verification policy adopted at the premises. This signage must be visible to members of the public in the areas where alcohol is sold. The only type of ID that will be accepted as proof of age is PASS accredited ID, passport or photo driving licence.
55. The licence holder shall ensure that notices shall be displayed in the premises where they can be seen clearly 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.
56. The licence holder shall ensure that polycarbonate vessels shall be used whilst ever the premises are operating from a pop-up bar within the premises.
57. The licence holder shall ensure that a pop-up bar is supervised at all times by staff members and not left unattended whilst ever it is stocked with alcoholic vessels.
58. The licence holder shall ensure that no glassware is taken into children’s play areas within the site.
59. The licence holder shall ensure that a ‘lost child point’ will be located on the premises.
60. The licence holder shall ensure that staff members will undertake regular checks of the premises removing any discarded vessels containing alcoholic products.
61. The licence holder shall ensure that where a function or event takes place on the premises during the resort’s normal operational hours the function or event will be separate to the main theme park and resort and only accessible by the function or event guests. This will be managed by a specified staff member (s) controlling access and egress to the event.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
Attached.