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
1. Mr Josef Gazi, (as the named DPS) shall successfully complete the BIIA Level 3 Award for Designated Premises Supervisor Course within 3 months from the date this Licence is granted, that is no later than 8th September 2023.
2. The premises shall install and maintain a colour CCTV system. Cameras will be positioned on all floors, at the front exterior and all entrance and exit doors.
3. The CCTV system shall have sufficient hard drive storage capacity to store a minimum of 30 days and to continually record when the premises is open for licensable activities.
4. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering the premises at each entrance point.
5. Nominated staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to South Yorkshire Police & the Local Authority Officers upon reasonable request in accordance with the Data Protection Act.
6. In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises Incident log (see condition number and immediate steps shall be taken to rectify the problem. The date that the failure is rectified shall also be recorded.
7. Events will only be held at the licensed premises following a booking procedure, whereby the Premises Licence Holder / DPS will ensure that if a function is to be booked then full details of the name, address and telephone number of the person to hold the event will be obtained and made available to the Police upon request.
8. Registered SIA door supervisors shall be employed at the premises from 19:00 on every Friday and Saturday evening.
9. The requirement Registered SIA door supervisors at any other time, including pre booked private events, shall be risk assessed by the Designated Premises Supervisor or member of the Management Team.
10. All door supervisors will complete on the first engagement an in-house registration form. This form will be retained on the premises for a minimum of 12 months.
11. An Incident Log shall be kept at the premises, in which the following shall be recorded:
a) All crimes reported to the premises.
b) Any incidents of disorder on, or within the direct vicinity of, the premises; and
c) Any occasion when the premises CCTV is not fully operational.
12. Records from the Incident Log shall be retained for a period of 12 months from the date the incident occurred, and a copy of such records shall be made immediately available on request to an ‘authorised person’ (as defined by section 13 of the Licensing Act 2003), an authorised trading standards officer or the police.
13. There shall be a zero-tolerance policy in relation to drugs at the premises.
14. Regular checks of the premises shall be carried out by management to prevent the use of drugs by patrons. Such checks shall be recorded, and this record shall be kept at the premises for at least 6 months from the date of the check.
15. Any drugs seized shall be stored securely and handed to the Police at the earliest opportunity.
16. Customers entering the premises will be subjected to random searches in accordance with the premises risk assessment.
17. The Premise shall be an active member of the local pub watch scheme if available.
18. When the designated premises supervisor is not on duty, a contact telephone number shall be available, and a designated deputy must be nominated.
19. All designated deputies shall hold a personal licence.
20. A written alcohol register containing all the names of all persons who are authorised to serve/sell alcohol on the premises shall be completed and kept at the premises.
21. Polycarbonate drinking vessels (or other appropriate toughened / safety ‘glassware’ drinking vessels e.g. PET) to be used at the venue on a management risk assessed basis and upon police advice. This is most likely to mean for example, use of polycarbonates perhaps at busy weekend times or periods, or when risk assessed by management due to the customers profile or likely demeanor.
22. The designated smoking area is outside of the tfront of the premises. Customers are not allowed to use the rear of the premise as a smoking area, which is used as a fire escape for the flats above the premise (Customers shall only access the premise using the front doors)
23. All alcohol including spirits will be stored and sold behind the bar(s).
24. No persons are allowed to bring any form of alcoholic drink either opened or unopened onto the premises at any time for personal use. This includes customer going outside the front of the premises to smoke.
25. No person shall be allowed to leave the premises whilst in the possession of any drinking vessel or open glass bottle, whether empty or containing any beverage, even when using the designated smoking area.
26. A member of staff must be made available to maintain adequate supervision over the designated smoking area to ensure that this area always remains drinks free when SIA door staff are not on duty.
27. All lighting, both internal and external will be of sufficient illumination for customers to safely navigate the building.
28. The Management will ensure that no extractor fan or exterior lighting will cause a nuisance to any local residence
29. All deliveries and collections of trade waste will only be carried out between
30. 08.00 and 20.00 on weekdays
31. The premises shall operate a Challenge 25 policy. Such policy shall be written down and kept at the premises and must include details of a refusals log, signage and the maintenance of staff training records. A written register of refusals will be operated. The refusal log shall be retained for 12 months.
32. Prominent, clear and legible Challenge 25 signage shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.
33. Proxy signs will be fitted near to all alcohol P.O.S positions warning people not to buy alcohol for children.
34. Children under the age of 16 are prohibited on the premises after 20:00 hours unless accompanied by a responsible adult.
35. The Designated Premises Supervisor, or other such responsible person, should be assigned to act as the Co-Ordinator for safeguarding systems at the premises. This person must act in compliance with the guidance and training provided by the Rotherham Children’s Safeguarding Partnership.
36. All staff engaged in the sale of alcohol shall be trained in Challenge 25. Training records shall be kept on the premises and produced to the police or an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised trading standards officer of the local authority/council on demand.
37. Staff will receive training on matters concerning underage sales, drugs policies, and operating procedures. Records of such will be kept and made available for inspection of the authorities.
38. A copy of the SYP Violent Incident Protocol will be displayed within the premises in sight of staff. This protocol should also form part of staff training and training records to reflect such input.
39. Prominent, clear, and legible signage shall be displayed at all exits requesting the public to respect the needs of residents and to leave the premises and immediate vicinity quietly. (Quiet Notice).
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans