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. A digital CCTV system shall be installed, and maintained, at the premises, with sufficient hard drive storage capacity to store recordings made over a 31 day period.
2. CCTV system shall be continually recording during licensable hours and all recordings shall be time and date stamped.
3. The CCTV system shall be capable of obtaining clear facial recognition images, and a clear head and shoulders image, of every person entering or leaving the premises.
4. Nominated staff shall be trained in the operation of the CCTV system so as to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request in accordance with the Data Protection Act.
5. A CCTV log shall be kept, and completed on a weekly basis, in which the following shall be recorded:
a) That the CCTV System has been checked, is in good working order, and that recordings are date and time stamped; or in the event of a failure;
b) The detail of the problem and steps taken to rectify it.
6. An incident log shall be kept at the premises in which the following shall be recorded:
a) All crimes reported to the premises (where relevant to the licensing objectives)
b) Any incidents of disorder
7. The incident log shall be retained for a period of 12 months, from the date an incident occurred, and will 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.
8. When the designated premises supervisor is not on duty, a contact telephone number shall be available at all times.
9. All spirits will be stored and sold behind the counter.
10. No singular alcoholic drinks, including beer, lager & cider in cans will be sold; a minimum purchase of 4 will be required.
11. No beers, lager, or cider of 6.5% ABV and above to be sold at this premise.
12. The premises will operate a Challenge 25 policy. Such policy will be written down and kept at the premises. The policy will be produced on demand by the police, an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised Trading Standards Officer.
13. A written register of the refusal of the sale of alcohol shall be kept, which shall include:
a) the date and time that the sale was refused;
b) the name of the person who refused the sale; and
c) a description of the person who was unable to provide required identification to prove their age.
14. The refusal register shall be kept for a period of 12 months 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 the local authority/council on demand.
15. Prominent, clear, and legible Challenge 25 signage shall be displayed at all entrances to the premises and behind any counter.
16. All staff engaged in the sale of alcohol to be trained in Challenge 25 and the responsible retail of alcohol. 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.
17. Proxy signs will be sited on the premises to deter proxy sales on behalf of under 18’s.
18. Prominent, clear, and legible signage shall be displayed at the exit to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly. (Quiet Notice).
19. The Management and staff shall observe the external area via the CCTV and endeavour to disperse 3 or more persons that appear to be loitering outside of the premises.
20. All waste products will be stored in a suitable receptacle and disposed of in a commercial waste bin at the rear of the premises.
21. No exterior fixed to the premises shall cause annoyance to any nearby residential or commercial property.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans