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
a) A CCTV system that covers the internal and exterior of the premises shall be fully maintained and operational.
b) The CCTV system shall show accurate dates and times that images are recorded.
c) CCTV images shall be kept for a minimum of 31 days and, if requested,
made available for viewing immediately, by the Police and/or Licencing Authority.
d) There will be a Personal Licence Holder on the premises at all times.
e) The Designated Premises Supervisor, or their nominated deputy, shall
regularly attend local Pubwatch meetings.
f) A record of each member of staff who is authorised to sell alcohol shall be kept
on the premises. This record shall include the staff members full name,
address, and date of birth.
g) All staff shall be trained to request photographic identification to control the sale
of alcohol to anyone under the age of 18 years old, and a “challenge 25” policy
shall be operated.
h) “Challenge 25” signs shall be on display at the premises.
i) A log of all refusals made under the “Challenge 25” policy shall be kept on the
premises. This log shall include the date of the refusal, the name of the member
of staff who made the refusal and whether fake ID was used/seized.
j) An incident book shall be kept on the premises. Any incidents of crime/disorder
at the premises, together with whether the police have been called, shall be
recorded in this book.
k) The Designated Premises Supervisor, or their nominated deputy, shall check
the “Challenge 25” log and incident book each week, and sign and date each
check.
l) The “Challenge 25” log and incident book shall be kept on the premises and
will, if requested, made available for viewing, by the Police and/or Licencing
Authority.
m) The ‘Ask Angela’ scheme shall be in operation at the premises.
n) A zero drug tolerance policy shall be in operation at the premises. This policy
shall require that regular checks are carried out, and recorded, by management
to prevent the use of drugs by customers.
o) A copy of the premises drugs policy, and all associated records, shall be kept
at the premises and, if requested, made available for viewing, by the Police
and/or Licencing Authority.
p) Doors, except for access and egress, and windows shall be kept closed and
there will be no outside entertainment provided at the premises.
q) Signage shall be in place at the premises asking people to arrive and leave
quietly.
r) There will be a sufficient number of staff on the premises at all times, regular
glass collections shall be carried out and a taxi booking service shall be
provided.
s) No adult entertainment or services shall be provided at the premises.
t) Children must be accompanied by a responsible adult at all times and shall not be permitted in the first floor bar area or the outside smoking area.
u) The following measures are in place at the premises to ensure public safety:
• Employers & public liability insurance.
• Annual gas safety check.
• Annual electrical check, PAT testing safety checks.
• Up to date health & safety policy & risk assessments and asbestos
survey of premises.
• Sufficient lighting internally & externally.
• Regular fire checks & servicing of fire detection & extinguishing
equipment including 5 extinguishers located throughout the building.
• Staff trained in emergency procedures.
v) All staff will receive training on induction and yearly, on, 'Challenge 25', types
of acceptable ID, method of recording refusals, refusing sales of alcohol to
persons who appear to be drunk, preventing proxy sales, incident recording
and when to call the Police, operation of the “ask Angela Scheme” and how to
review the CCTV system if requested.
w) Staff training shall be recorded and training records, shall be kept at the
premises and, if requested, made available for viewing, by the Police and/or
Licencing Authority.
x) The premises shall operate primarily as a restaurant. Alcohol will only be sold with food which is to be consumed as a table meal, or immediately prior to or following the consumption of such a meal (for example whilst waiting for a booked table to become available). The premises will not operate exclusively as a bar.
y) Alcohol will only be consumed by patrons whilst they are seated in the premises.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans