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. Any authorised officer of the Licensing Authority, fire officer or police shall be allowed entry to all parts of the premises at all reasonable times.
2. A CCTV system shall be installed at premises and shall:
a) be maintained fully operational and in good working order at all times;
b) make and retain clear images; and
c) show an accurate date and time that the images were made.
3. All CCTV images shall be retained for a period of not less than 31 days.
4. CCTV images shall be made immediately available for viewing, upon request, of the Police or an authorised officer of the Licensing Authority.
5. The original CCTV images, or a copy, shall be provided to any police officer or authorised officer of the Licensing Authority within 48 hours of a request having been made in a format that can be viewed on readily available equipment without the need for specialist software
6. A member of staff trained on the operation of the CCTV system shall be on duty at the premises, or on call and available to attend the premises, at all times the premises are open.
7. Signage shall be displayed in the customer area of the premises to advise that CCTV is in operation
8. A “Challenge 25” proof of age policy shall be operated at the premises where, persons who appear to be under the age of 25 must produce id before being sold alcohol. Only the following forms of id shall be accepted:
a) passport or photo-card driving licence;
b) proof of age card bearing the official ‘PASS’ accreditation hologram; or
c) a military ID cards.
9. A refusals log, in which a record of any occasions that a member of staff has refused to sell alcohol, shall be maintained. This refusals log shall be kept on the premises made available to the police or authorised officers of the Licensing Authority upon request.
10. Notices shall be displayed in a clear and prominent position inside the premises stating that Challenge 25 is in operation.
11. An incident book/register shall be maintained in which, as a minimum, the following shall be recorded.
a) All incidents of crime and disorder occurring at the premises; and
b) Details of occasions when the police are called to the premises.
12. The incident book/register shall be kept on the premises and made available for inspection by the police or authorised officers of the Licensing Authority upon request.
13. A “Zero tolerance” drugs policy shall be in place. As a minimum, the policy will require:
a) Regular toilet checks to be carried out and recorded;
b) A secure drop box is available to keep any seized drugs until such time they are collected by the police; and
c) Immediate barring of any customer found in possession of drugs.
14. The drugs policy and associated records shall be kept on the premises and shall be available for inspection upon request by the Police or an authorised officer of the Licensing Authority.
15. No unlawful activity will be allowed on the premises.
16. Any one appearing drunk will be refused entry to the premises.
17. No adult entertainment, services or other activities shall be provided at the premises
18. Children under the age of 18 years shall only be allowed on the premises when accompanied by an adult.
19. All tables will be kept clear of empty drink containers
20. The disposal of empty bottles into waste bins outside the premises shall not take place between 22.00 hours and 8.00 hours.
21. A clear and legible notice will be prominently displayed at the exit of the premises asking customers to “leave quietly and have regard to our neighbours”.
22. Fire equipment shall be subject to routine inspections to maintained in accordance with current safety regulations.
23. All staff shall be trained in:
a) the Challenge 25 & drug policies;
b) method of recording refusals f sale of alcohol;
c) the need to report, and record, any instances of crime and disorder occurring at, or nearby, the premises.
24. Staff training shall take place upon commencement of employment and updated every year thereafter.
25. A written record of the training provided to staff shall be kept on the premises and made available to the police or authorised officers of the Council upon request.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans