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
The licence permits Whiston Parish Council to hold three (3) events per calendar year on the premises, subject to the appropriate road closures being in place for the event.
A professional event management company shall be employed to work alongside Whiston Parish to organise each event.
A minimum of three months’ notice of the date of each event will be provided to the Licensing Authority.
A draft Event Management Plan (EMP) will be produced and provided to the Licensing Authority, South Yorkshire Police Licensing Department and South Yorkshire Fire & Rescue Service no less than 3 months prior to the date of the event . Upon receipt of the EMP it is understood that the Licensing Authority will circulate it to the other relevant Responsible Authorities for comment, amendment, or addition.
The EMP will be drafted in accordance with current Health & Safety regulations and event management guidance.
The EMP will include detail of how the event is to be conducted. As a minimum, the EMP will include an event risk assessment and provide specific details in the following areas:
a) Site Layout Plan
b) Event Risk Assessment
c) Fire Safety
d) Major Incident Planning (Emergency planning)
e) Crowd Management (including steward and security numbers and their roles)
f) Management Structures
g) Barriers and other temporary structures including stages and inflatables
h) Electrical Installations and Lighting
i) Food and Alcohol
j) Water
k) Attractions
l) Toilets
m) Waste Management
n) Noise
o) First Aid Management
p) Safeguarding - including Lost Children & Vulnerable Adults Policy
q) Staff Briefing
If invited a representative of the applicant company shall attend any Rotherham Event Safety Advisory Group (RESAG) meetings and provide any further operational information or risk assessments requested by RESAG.
The event shall not take place until such time that Whiston Parish Council has received written confirmation from the Licensing Authority that the EMP is agreed as satisfactory. Once agreed no changes shall be made to EMP without the consent of the Licensing Authority.
b) The prevention of crime and disorder
The name, date of birth and SIA ref number shall be logged and kept for a period of no less than six months. SIA security stewards will undertake a pre-event briefing which covers restricted/prohibited items allowed on site and current terrorism threat levels/what to look out for.
The Challenge 25 scheme will be in operation including a refusals log with dates and signage (challenge 25 notices are on display in view of the public and in the area in which payment for alcohol is made). Staff training will be evidenced in a sign-in book. Bar staff are experienced, supervised and undertake a pre-event briefing via Event Control.
Drinks are served in biodegradable plastic - glassware and glass bottles will not be served to customers and will be disposed of in lockable skips away from visitors in a dedicated waste disposal area.
An incident log shall be kept at the venue, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or Police, which will record the following:
a) all crimes reported
b) all ejections of patrons
c) any complaints received
d) any incidents of disorder
e) seizures of drugs or offensive weapons
f) any visit by a relevant authority or emergency services
There are a number of prohibited items not permitted onsite (this is communicated via the event webpage and at the event entrances:
Fireworks and sparklers • Smoke or gas canisters (including aerosols and nitrous oxide) • Chinese lanterns • Megaphones & air horns • Sound systems • Naked flames • Flares • Weapons • Dangerous or hazardous items • Laser devices • Unauthorised items for trading • Anything that may be used as a weapon or compromise safety • Flagpoles measuring more than 1 metre • Drones • Illegal drugs including ‘former legal highs’ • Unauthorised professional photography or recording equipment, zoom lenses • Audio/visual or cinematographic devices • Barbeques including disposable barbeques, camping stoves • Flaming torches • Tents / gazebos / shelters.
Any visitors bringing any of the above items will have them confiscated by security. There will be a zero tolerance prohibited items at the premises and there will be a suitably secure ‘drop box’ for any illegal substances or items confiscated from visitors. Seized items will be handed to South Yorkshire Police.
The Designated Premise Supervisor, management team and relevant staff will be trained via online e learning package “Action Counters Terrorism” (via Protectuk or any relevant government approved training following a change in name.)
c) Public safety
The EMP will be drafted in accordance with current Health & Safety regulations and event management guidance.
The EMP will include detail of how the event is to be conducted. As a minimum, the EMP will include an event risk assessment and provide specific details in the following areas:
a) Site Layout Plan
b) Event Risk Assessment
c) Fire Safety
d) Major Incident Planning (Emergency planning)
e) Crowd Management (including steward and security numbers and their roles)
f) Management Structures
g) Barriers and other temporary structures including stages and inflatables
h) Electrical Installations and Lighting
i) Food and Alcohol
j) Water
k) Attractions
l) Toilets
m) Waste Management
n) Noise
o) First Aid Management
p) Safeguarding - including Lost Children & Vulnerable Adults Policy
q) Staff Briefing
If invited a representative of the applicant company shall attend any Event Safety Advisory Group meetings.
d) The prevention of public nuisance
Deliveries of goods necessary for the operation of the event will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
Visitors will not be admitted to premises before or after opening hours.
The event will be held in daylight hours to promote the public safety objective.
RAMS will be available for inspection for all aspects of setting up, setting down.
An emergency plan will be issued and briefed to all event staff.
Clear and legible notice at entry point to the premises indicating the authorised hours under the terms of the premises licence shall be displayed.
A list of prohibited items will be displayed via signage at the entry and egress points.
Security Industry Authority (SIA) registered persons shall be employed at the event with a ratio of one SIA steward per 200 persons.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans