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 the premises shall operate primarily as a restaurant and will not operate exclusively as a bar.
2. The licence holder shall ensure that no alcoholic drinks are to be removed from the premises sealed or unsealed, except for:
i. home delivery, ancillary to a food order.
ii. takeaway pre-ordered by a customer, ancillary to a food order
3. The licence holder shall ensure that a minimum food order amount of £10.00 will be required in order to purchase alcohol for consumption inside the premises or for delivery.
4. The licence holder shall ensure that a minimum food order amount of £7.50 will be required in order to purchase alcohol for consumption inside the premises.
5. The licence holder shall ensure that alcohol shall only be delivered when accompanied with a main meal which is ordered at the same time by the same person as part of the same order.
6. The licence holder shall ensure that at the point of order, where alcohol is ordered, the customer must provide the name and date of birth of the adult receiving the delivery. Delivery shall only be made to the adult specified at the point of order and the credentials of this adult will be confirmed at the point of serving the delivery.
7. The licence holder shall ensure that the adult receiving the delivery must provide a recognised form of photo identification (passport, driving licence or ID card with the PASS logo). A refusals register shall be maintained and kept with the delivery driver at all times to record all incidents involving refusal to serve alcohol upon delivery. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the refusal, staff member challenging the sale and identification checked.
8. The licence holder shall ensure that all staff involved in the sale and/or delivery of alcohol shall receive training in underage sales, serving to persons in drink and how to deal with abusive and aggressive customers.
9. The licence holder shall ensure that staff refresher training shall take place on an annual basis and be recorded.
10. The licence holder shall ensure that new staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales training, and serving to persons in drink. This training shall be recorded.
11. 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.
12. The licence holder shall ensure that there will be a zero-tolerance policy at the premises towards drugs, with signage to this effect.
13. The licence holder shall ensure that a CCTV system will be fitted and maintained and will be 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. Members of the management team will be trained in the use of the system.
14. The licence holder shall ensure that the CCTV at the premises meets the minimum guidelines issued by South Yorkshire police.
15. The licence holder shall ensure that whilst it is considered that for the nature of the operation door supervisors will not be required however, a risk assessment will be undertaken should unusual events takes place and if they consider it appropriate will employ the same. Where engaged, door staff shall be licensed by the SIA.
16. The licence holder shall ensure that the register shall include the details of any Police Officer who attended the incident, names and addresses of any witnesses, and confirmation as to whether there is CCTV footage of the incident.
17. 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.
18. The licence holder shall ensure that a refusals register shall be maintained and kept on site at all times to record all incidents involving refusal to serve alcohol at the premises. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the refusal, staff member challenging the sale and identification checked.
19. 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.
Public Safety
None.
Prevention of Public Nuisance
20. The licence holder shall ensure that the licence holder shall ensure that all menus and promotional literature relating to delivery and sale of alcohol set out the requirements of the customer before any sale or delivery can be made.
21. The licence holder shall ensure that the licence holder shall ensure that no promotional offers on prices of alcohol are offered for delivery with takeaway food
22. The licence holder shall ensure that litter bins are available within the fast food outlet and in the customer car park.
23. The licence holder shall ensure that regular checks are undertaken outside of the premises to ensure the area is free of litter and nuisance behaviour.
24. The licence holder shall ensure that a designated member of staff will take a pro-active approach to noise control, checking outside the premise to ensure that noise is kept to a reasonable level and manage noise levels internally so as not to cause nuisance.
25. The licence holder shall ensure that appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.
Protection of Children from Harm
26. The licence holder shall ensure that the premises licence holder shall adopt an age verification scheme which incorporates Challenge 25. The scheme will include written refusals records, staff training records and signage prominently displayed.
27. The licence holder shall ensure that all responsible persons will attend the safeguarding awareness training
28. The licence holder shall ensure that the designated premises supervisor, or other such responsible person, will act as the safeguarding coordinator. This person will act with reference to the training and guidance provided by the Sheffield Children Safeguarding Partnership and will be responsible for undertaking a written safeguarding risk assessment, to include (but not limited to) when the premises is operating as a family style restaurant or when it is operating for private functions.
29. The licence holder shall ensure that children under the age of 18 are not permitted after 20:00 hours unless accompanied by a responsible adult and dining.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans
Attached