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. The premises shall operate primarily as a restaurant, with the sale of alcohol being ancillary to the sale of food.
2. A CCTV system, with 28-day recording and retrieval facility, shall installed and maintained fully operational at all times. Recordings from the CCTV system must show the date and time they were made.
3. 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.
4. The CCTV system must be capable of downloading recordings onto a portable storage device such as DVD or memory stick.
5. The CCTV system monitor that allows the playback and retrieval of data shall be located in an area within the premises that is easily, and safely accessible.
6. A member of staff trained in the use of the CCTV system shall be available at all times the premises are open to the public.
7. CCTV footage shall be made available for viewing immediately on request of Police and Licensing Authority Officers and, as a minimum, recordings provided within 24 hours of a request being made.
8. The premises shall operate a “challenge 25” policy, which means any person who appears under the age of 25 shall be required to provide photographic id before a sale of alcohol is allowed. The id accepted under this policy shall be limited to:
a) a photographic driving licence;
b) a passport;
c) a photographic id card bearing the ‘PASS’ hologram.
9. All challenges made under the “Challenge 25” policy shall be recorded in a bound register, with consecutively numbered pages. The information to be recorded in this register is:
a) date and time the challenge made;
b) name of the person who made the challenge;
c) sale allowed or refused; and
d) if allowed, type of id shown.
10. All Incidents of crime, disorder, anti-social behaviour, injury, and ejections from the premises shall be recorded in a bound register, with consecutively numbered pages. The information to be recorded in this register is:
a) date, time, and description of the incident;
b) name of the person who recorded the incident; and
c) if the incident was reported, who to.
11. The “Challenge 25” and “Incident” Registers shall be kept on the premises and made immediately made available for inspection on request of Police and Licensing Authority Officers.
12. An up-to-date record of all staff working at the premises whose duties include the sale of alcohol shall be maintained.
13. Customers shall not be permitted to bring vessels containing alcoholic products into the premises, and no open vessels containing alcoholic products shall be allowed to be taken from the premises (save for consumption in an external area provided for that purpose).
14. The external area to the rear of the premises (identified as ‘area 2’ on the plan attached at Annex 4 to this Licence) shall not be available for use after 21:30 hours.
15. The designated smoking area shall be sited as far away from residential property as possible so as to minimise the likelihood of noise nuisance to nearby residents.
16. Wall mounted smoking boxes shall be installed within the designated smoking area to facilitate the disposal of cigarette associated waste.
17. Regular checks shall be carried out to the outside areas of the premises to ensure that the areas are free from litter and any nuisance behaviour associated with the operation of the business.
18. Children shall only be permitted entry to the premises before 21:00 hours and if accompanied by a responsible adult over the age of 18. he premises.
19. Children, regardless of being accompanied by a responsible adult, shall not be permitted entry to remain on, the premises after 21:00 hours.
20. Notices shall be prominently displayed:
a) throughout the premises advertising that a “challenge 25” policy is in operation; and
b) at the premises entrance/exit door asking customers to “respect the local residents and leave the premises and the area quietly”.
21. No adult entertainment or services, activities, other entertainment shall be provided at the premises.
22. All staff shall receive training on induction, and every 12 months thereafter, on:
a) The responsible retailing of alcohol, to include:
I. The operation of the “Challenge 25 Policy, including the recording of any challenges made
II. Preventing proxy sales
III. Not serving alcohol to persons who appear drunk
b) Drugs Awareness
c) Dealing with conflict
d) The need to record incidents (as set out in condition 10 above)
e) The terms, conditions, and restrictions of this Licence.
23. Staff training shall be recorded, and such records kept for a minimum of one years.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans