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
General:
1. The premises licence holder, DPS, management and staff will constantly assess any risks to the licensing objectives. They will work in partnership with the authorities and local people alike in this respect. The staff will be properly authorised, equipped, trained and motivated in this task.
2. The licence holder shall ensure there will be comprehensive training for staff in the main requirements of the Licensing Act 2003, the specific measures and conditions in place to promote the Licensing Objectives and the staff roles and responsibilities. Such records shall be available for inspection by the responsible authorities.
Prevention of Crime and Disorder
3. The licence holder shall ensure that a CCTV system shall be installed at the premises which has 28-day recording and retrieval and be capable of downloading onto a portable storage device such as DVD or memory stick.
4. The licence holder shall ensure that the CCTV cameras shall cover the entire premises, including the till area where payment is made for alcohol and all areas in which members of the public have access. Including access and egress. The location of the monitor to allow playback and retrieval of data shall be located in an area which is easily and safely accessible to Police Officers and Local Authority Officers.
5. The licence holder shall ensure that at least one current staff member shall be trained in the use of the system to ensure rapid data retrieval and download is retrieved should it be required by a Police Officer or Council Licensing Enforcement Officer. Any footage requested shall be made available in any event within 24 hours.
6. The licence holder shall ensure that CCTV shall be provided is capable of providing pictures of evidential quality and in all lighting conditions particularly facial recognition.
7. The licence holder shall ensure that CCTV equipment shall be maintained in good working order and correctly timed and dated.
8. The licence holder shall ensure that the recording equipment shall be kept in a secure environment under the control of the premises licence holder or other responsible named individual.
9. The licence holder shall ensure that The licence holder shall ensure that all staff involved in the sale/delivery of alcohol shall receive training in underage sales, serving to persons in drink and how to deal with abusive and aggressive customers - this shall be recorded and kept for a minimum of one year.
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.
The licence holder shall ensure that staff refresher training shall take place on an annual basis and be recorded.
11. The licence holder shall ensure that the DPS shall ensure that there is an up to date written letter of authority record for all staff working at the premises who sell alcohol.
12. 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.
13. 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.
14. 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.
15. The licence holder shall ensure that this register shall be checked by the premises licence holder, DPS or suitable trained nominated member of staff on a weekly basis and signed.
16. 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.
17. The licence holder shall ensure that the licence holder shall ensure that the premises shall operate primarily as a restaurant, the sale of alcohol will remain ancillary to the sale of food. Alcohol sold during an event will remain ancillary to the event.
18. The licence holder shall ensure that at the point of order, where alcohol is ordered for delivery the customer must provide the name and date of birth of the adult receiving the delivery.
19. The licence holder shall ensure that no open vessels containing alcoholic products shall be allowed to be taken from the premises except for customers using the outside areas as shown on the plans, except for:
i. home delivery, ancillary to a food order.
ii. takeaway pre-ordered by a customer, ancillary to a food order.
20. 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.
21. 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.
Public Safety
22. The licence holder shall ensure that management and staff will have an effective policy to promote public safety. The DPS will liaise with the authorities to ensure that all aspects of public safety are adhered to.
23. The licence holder shall ensure that appropriate firefighting equipment being installed and maintained at the premises and staff trained in its use.
24. The licence holder shall ensure that the approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
25. The licence holder shall ensure that the means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided
Prevention of Public Nuisance
26. The licence holder shall ensure the contact details of the Designated Premises Supervisor available to staff and to the authorities.
27. The licence holder shall ensure that satisfactory arrangements will be put in place to supervise an orderly dispersal of customers when leaving the property to ensure the minimum of noise and disturbance to local residents and businesses.
28. The licence holder shall ensure that no noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance .
29. The licence holder shall ensure that customers shall be reminded by way of clear and prominent notices at the entrance/exit door to please respect the needs of the local residents and businesses and leave the premises and area quietly.
30. The licence holder shall ensure that flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.
31. The licence holder shall ensure that the outside areas shall not be used for licensable activity after 2200hrs on any day.
32. The licence holder shall ensure that regular checks are carried out outside of the premises to ensure that the area is free from litter and nuisance behaviour associated with the operation of the business.
Protection of Children from Harm
33. The licence holder shall ensure that the business will be operated in such a way that reflects a commitment to be a responsible retailer.
34. The licence holder shall ensure that training will occur before a staff member is authorised to sell alcohol for the business.
35. The licence holder shall ensure that the age-verification policy will be one of Challenge 25. This will be specified in promotional material, terms & conditions, within the premises and emphasised through staff training.
36. The licence holder shall ensure that anyone not looking 25 at the point of sale or delivery will be expected to prove that they have turned 18. Acceptable ID will be a photo driving licence, passport, PASS accredited proof of age card or other photo ID that is recommended for acceptance by the police or other authorities.
37. The licence holder shall ensure that the premises will be promoted as family friendly and suitable for all ages.
38. The licence holder shall ensure that there will be no inappropriate promotions, activities or behaviour tolerated at the premises that might put children at risk.
39. 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.
40. Children must be accompanied by a responsible adult over the age of 18 at all times whilst on the premises.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans
Attached