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
A. GENERAL
1. The licence holder shall ensure that strong management controls and effective training of all staff so that they are aware of the premises licence and the requirements to meet the four licensing ojectives with particular attention to:
No selling of alcohol to underage people.
No drunk and disorderly behaviour on the premises area.
Vigilance in preventing the use and sale of illegal drugs at the retail area.
No violent and anti-social behaviour.
No harm to any children.
2. The licence holder shall ensure that operating schedule providing the hours of operation and licensable activities during those hours.
3. The licence holder shall ensure that designated premises supervisor confirmed it is obligated to be in day-to-day control of the premises, to provide good training for staff on the Licensing Act (Training Record), to make or authorise each sale.
4. The licence holder shall ensure that clear ‘Challenge 25’ information to prevent the supply of alcohol to underage drinkers.
5. The licence holder shall ensure that as a licensed premises we know that it is necessary to carry out our functions or operate businesses with a purpose of promoting these objetives. We promise to support these objectives through operating schedules and other measures (including staff training and qualifications, policies and strategic partnerhsips with other agencies).
Prevention of Crime and Disorder
6. The licence holder shall ensure that CCTV system installed A colour CCTV system to be fitted, maintained and in use at all times whilst the premises are open. The CCTV images will be stored for 30 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. CCTV footage shall be downloaded and provided to South Yorkshire Police on request. Members of the management team will be trained in the use of the system.
7. The licence holder shall ensure that CCTV system installed to monitor entrances, exits and other parts of the premises in order to address the prevention of crime objective.
8. The licence holder shall ensure that a clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.
9. The licence holder shall ensure that clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed.
10. The licence holder shall ensure that not selling alcohol to drunk or intoxicated customers.
11. The licence holder shall ensure that custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.
12. The licence holder shall ensure that prevention and vigilance in illegal drug use at the main restaurant area.
13. The licence holder shall ensure that staff will be well trainined in asking customers to use premises in an orderly and respectful manner and prevent drinking alcohol.
14. The licence holder shall ensure that drinks may not be removed from the premise in open containers except for consumption in the area provided for that purpose.
15. The licence holder shall ensure that they risk assess the use of alternative drinkware for use when outside drinking in operation, details of risk assessment to be kept for 6 months
16. The licence holder shall ensure that they risk assess the use of door supervisors on an event by event basis, details of risk assessment to be kept for 6 months.
17. The licence holder shall ensure regular glass collecting is undertaken to ensure children under the age of 18 do not have access to unattended open vessels containing alcoholic products.
18 The licence holder shall conduct thorough risk assessments justifying the use of, or decision not to use, SIA registered security staff for any specific events or nights such as New Year’s Eve or other nights where extended closing times are in use. These risk assessments will be documented and include the process/factors that lead to each specific event decision. The risk assessment documents will be made immediately available for inspection upon request by police or other relevant authority.
19. The licence holder shall ensure that an incident log must be created to detail any unlawful activity, especially activities which require attendance of the emergency services for whatever reason. This log must be made available for inspection, when asked for, to relevant officers from responsible authorities and be kept for a period no less than six months. The log must be reviewed and signed on a weekly basis by a relevant supervisor for the premises.
20. The licence holder shall ensure that no irresponsible promotional offers on prices of alcohol are offered.
21. The licence holder shall ensure that any alcohol sales refusals shall be recorded in a refusals log. Each area that sells alcohol, if there is more than one for example premises expansion or temporary pop up bars, shall keep its own record to help ensure accuracy. Each log will follow the same format and include all the relevant, required information. These records must be made immediately available for inspection by police or other relevant authority and be kept for a period no less than six months. If people are refused because they appear too intoxicated, this must also be recorded in the refusals log. All refusals logs shall be checked and signed for weekly by relevant supervision for the premises.
22. The licence holder shall ensure that other areas where alcohol can be purchased must be notified as soon as possible (including other premises where appropriate) about the refusal. The refusal log must be updated to reflect this.
23. The licence holder shall ensure that in relation to closing times, alcohol sales shall cease half an hour before the premises closes to allow customers to finish their drinks and not order excessively before then leaving straight away.
Public Safety
24. The licence holder shall ensure that internal and external lighting fixed to promote the public safety objective.
25. The licence holder shall ensure that well trained staff adherence to environmental heath checks.
26. The licence holder shall ensure that training and implementation of underage ID checks.
27. The licence holder shall ensure that a log book or recording system shall be kept upon the premises in which shall be entered particular of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The log book shall be kept available for inspeciton when required by persons authorised by the Licensing Act 2003 or associated legislation.
28. The licence holder shall ensure that all parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations will be maintained at all times in good order and in a safe condition.
29. The licence holder shall ensure that regular premises checks are carried out by the staff that includes checking that all relevant signage is in place, and all fixtures and fittings are fit for intended use.
The licence holder shall ensure that nothing is below existing Health & Safety requirements
Prevention of Public Nuisance
30. The licence holder shall ensure that cooking fumes shall be exhausted from the building via a suitable extraction and/or filtration system. The extraction/filtration system shall be operated and maintained in accordance with the manufacturer’s specifications. The system shall be operated effectively during cooking.
31. The licence holder shall ensure that no music or amplified speech originating from the premises shall be audible inside any residential property at any time.
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.
32.The licence holder shall ensure that they take reasonable steps to ensure that noise caused by persons using, arriving at or departing from the premises shall not cause nuisance or unreasonable disturbance to the occupiers of nearby residential properties.
33. The licence holder shall ensure that prominent, clear notices shall be displayed at all exits and any outdoor areas requesting customers and staff to respect the needs of local residents and leave the premises and the area quietly.
34. The licence holder shall ensure that disposal of waste bottles (or other waste items likely to result in noise) into external receptacles where noise will be audible to neighbouring properties must not occur between 23:00 and 07:00 hours.
35. The licence holder shall ensure that arrangements must be in place to ensure that waste collection contractors do not collect refuse between 23:00 and 07:00 hours.
36. The licence holder shall ensure that an adequate number of suitable lidded receptacles shall be provided to receive and store refuse from the premises.
37. The licence holder shall ensure that adequate measures are in place to ensure waste does not accumulate externally at their premises.
38. The licence holder shall ensure that receptacles for waste shall be emptied regularly to avoid causing a public nuisance through smells or odours and shall be maintained in a clean condition.
39. The licence holder shall ensure that trade waste containers will only be left out for collection of waste and will be stored off the public right of way at all other times.
40. The licence holder shall ensure that noise reduction measures to address the public nuisance objective.
41. The licence holder shall ensure that prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and area quietly.
42. The licence holder shall ensure that staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.
43. The licence holder shall ensure that guests will be asked not to stand around loudly talking in the street outside the premises.
44. The licence holder shall ensure that customers will not be admitted to premises above opening hours.
45. The licence holder shall ensure that the movement of bins and rubbish outside the premises will be kept to minimum after 11.00 pm. This will help reduce the levels of noise produced by the premises.
46. 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.
Protection of Children from Harm
48. The licence holder shall ensure that the ‘Challenge 25’ scheme is employed at the premises.
49. The licence holder shall ensure that ‘Challenge 25’ sign which is a strategy that encourages anyone who is over 18 but looks under 25 to carry acceptable ID (a card bearing the PASS hologram, a photographic driving license or a passport) if they wish to buy alcohol.
50. The licence holder shall ensure that the relevant Challenge 25 signage will be in use throughout the venue at all times, including entrances to the venue to give plenty of notice to customers that this is what will be in operation. It will be easily visible to customers at all times including in all areas where alcohol is served.
51. The licence holder shall ensure that staff training must be carried out and records must be kept to reflect those serving alcohol have been trained in when and how to refuse a sale/responsible sales and their legal requirements. Regular refresher training is to be carried out. The training records shall be kept for no less than six months and shall be made available for inspection by relevant officers from the council or police. Records shall be signed by all staff members to confirm they have received the training. If training is delivered annually, records must be kept for at least 12 months in order to show staff have received the appropriate refresher training.
52.. The licence holder shall ensure that all staff delivering alcohol for consumption off premises as part of an order delivery service shall also undertake the appropriate training regarding the challenge 25 scheme and undertake refresher training at regular intervals.
53. The licence holder shall ensure that all places where customers can place an order for consumption away from the premises shall display the challenge 25 signage. This includes any paper menu and website.
54. The licence holder shall ensure that before orders for consumption away from the premises that include alcohol are accepted customers must click/sign to confirm they are legally allowed to purchase alcohol and that it must not be for consumption by those who are underage. They must agree that they will be the person accepting the delivery and must provide their date of birth.
55. The licence holder shall ensure that delivery staff must ask for ID to confirm the alcohol is being given to the person who has placed the order and for customers they believe to be under 25 as per the challenge 25 scheme, before they provide the alcohol. If ID cannot be provided, refusal of the alcohol must take place.
56. The licence holder shall ensure that a record of ID check must be kept by delivery staff. It must include where the order was meant to be delivered to, why the order was refused, description of who was refused service. These records must be kept for a period of no less than 6 months and must be made immediately available, when requested, to police or other relevant responsible authority.
57. The licence holder shall ensure that any orders that include alcohol in any amount must have a food element also and have a minimum order price which will be the average cost of a main meal as per the restaurants pricing.
58. The licence holder shall ensure that all children under 16 are accompanied by a responsible adult at all times. No person under the age of 18 will be served at the bar area.
59. The licence holder shall ensure that no children under the age of eighteen are served at the bar. All staff will be aware of this policy as part of their responsible sales training. Signs will be placed at all points where alcohol is sold to highlight this and said signs will be clearly visible at all times.
60. The licence holder shall ensure that all staff are vigilant and have undergone ‘safeguarding children’ training.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached