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.
Mandatory conditions where a licence includes a condition requiring door supervisors at specified times
3 All persons primarily engaged under or employed on the premises to vet, regulate and control persons entering the premises; or engaged, used or employed in the supervision of patrons once inside in order to ensure the maintenance of good order, public safety and internal security shall be licensed with the Security Industry Authority.
Annex 2 Conditions consistent with Operating Schedule
See attached conditions converted from Public Entertainment Licence
General
1. The licence holder shall ensure random searches are carried out when considered appropriate and necessary.
2. The licence holder shall maintain and incident book where door supervisors log any incidents.
3. The licence holder shall ensure that door staff discourages customers from removing glass bottles or cans from the premises.
Prevention of Crime and Disorder
4. The licence holder shall ensure that CCTV cameras shall cover the entire licensed area of the premises, including the till area where payment is made for alcohol. The location of the monitor to allow playback and retrieval of data shall be located in an area which is easily and safely accessible to Police Officers and Local Authority Officers.
5. The licence holder shall ensure that equipment shall be operated and maintained in good and clear working order
6. The licence holder shall ensure that at least one current staff member shall be trained in the use of the system to ensure rapid data retrieval and download is retrieved should it be required by a Police Officer or Council Licensing Enforcement Officer. Any footage requested shall be made available in any event within 24 hours.
7. The licence holder shall ensure that a notice of CCTV in operation shall be displayed in a clear and prominent position at the premises.
8. The licence holder shall ensure that an incident register shall be maintained and kept on site at all times to record all incidents involving anti-social behaviour, injury and ejections from the premises. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the incident, and details of the nature of the incident and names of any other staff involved or to whom the incident was reported.
9. The licence holder shall ensure that the register shall include the details of any Police Officer who attended the incident, names and addresses of any witnesses, and confirmation as to whether there is CCTV footage of the incident. The register will be checked and signed on a weekly basis by a nominated member of staff.
10. The licence holder shall ensure that this register shall be made available for inspection by South Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
11. The licence holder shall ensure that a refusals register shall be maintained and kept on site at all times to record all occasions where refusal to sell alcohol has taken place. The register shall include the time, date and location of the refusal, details of the nature of the incident, names of any other staff involved or to whom the incident was reported, and a description of the person(s) refused. The register shall be checked and signed on a weekly basis by a nominated member of staff.
12. The licence holder shall ensure that the register shall be made available for inspection by South Yorkshire Police or a Local Authority Enforcement Officer on request.
13. The licence holder shall ensure that new staff shall receive induction training prior to the commencement of their employment at the premises, including drug awareness, underage sales training, and serving to persons who are drunk. This training shall be recorded.
14. The licence holder shall ensure that staff refresher training shall take place on an annual basis and shall be recorded.
15. The licence holder shall ensure that all staff training records shall be retained on the premises, maintained by certificate Licence Holder, and made available immediately for inspection upon request by South Yorkshire Police or Local Authority Enforcement Officers.
16. The licence holder shall ensure that customers shall not be permitted to take vessels containing alcoholic products into the premises, and no open vessels containing alcoholic products shall be allowed to be taken from the premises whilst the premises are conducting licensable activities.
17. The licence holder shall ensure that whenever there are anticipated changes to the normal operating framework of the premises, where it is reasonable to assume there will be an increase in customers, for example a home football game or the advertising and promoting of an event, a risk assessment shall be carried out by the premises licence holder to determine whether door supervisors shall be required. The risk assessment shall be documented in a register, kept at the premises and available for inspection by the Police or Council licensing enforcement officer upon request. The risk assessment shall comply with any advice given by South Yorkshire Police or Council licensing officers in respect of door supervisors.
18. The licence holder shall ensure that if requested by South Yorkshire Police or Council Licensing Officers a minimum of 4 door supervisors shall be at the premises covering both the access and egress door and the interior of the premises during the times stated by the Officer.
19. The licence holder shall ensure that a Door Staff Register shall be kept recording names of all door supervisors including SIA badge numbers and times and dates when on duty.
20. The licence holder shall ensure that this register will be signed by the DPS and all records retained for 12 months on the premises.
21. The licence holder shall ensure that these records shall be provided to Police Officers or Enforcement Offices on request.
22. The licence holder shall be a member of the community radio scheme and CCTV radio scheme.
23. The licence holder shall operate a ‘zero tolerance to drugs’ policy.
24. The licence holder shall be a member of the Licence Watch.
25. The licence holder shall ensure that drinking will not be permitted outside on Main Street.
26. The licence holder shall ensure that the sale of alcohol is not to be made to those customers who are underage or intoxicated.
27. The licence holder shall ensure that clickers are used to monitor number so as to not exceed capacity.
Public Safety
28. The licence holder shall ensure emergency lighting is provided and maintained on the premises.
29. The licence holder shall ensure that first aid provision in available on the premises.
Prevention of Public Nuisance
30. The licence holder shall ensure that Customers shall be reminded by way of clear and prominent notices at the entrance/exit door to please leave the premises quietly and have consideration for any neighbouring residential or business properties.
31. The licence holder shall ensure that music is kept to a reasonable level and speakers are set well inside the premises away from windows to minimise any sound outside.
32. The licence holder shall ensure that door staff are trained to encourage customers to be quiet when arriving and leaving the premises.
33. The licence holder shall ensure that notices are displayed asking customers to be quiet when leaving the premises.
34. The licence holder shall ensure doors and windows are closed.
35. The licence holder shall ensure that bins are provided for rubbish/waste.
36. The licence holder shall ensure that street drinking is strictly prohibited and monitored by door security, management and team members at all times.
37. The licence holder shall ensure that large groups are monitored at all times.
Protection of Children from Harm
38. The licence holder shall ensure that the premises shall adopt a Challenge 25 proof of age scheme approved by South Yorkshire Police. Signage shall be displayed in the premises that Challenge 25 is the age verification policy adopted at the premises.
39. The licence holder shall ensure that notices shall be displayed in the premises where they can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person less than 18 years of age.
40. The licence holder shall ensure that no children under the age of 18 years shall be permitted to enter or remain on the premises after 21.00hrs.
41. The licence holder shall ensure that at any time when children aged between birth and 16 years are within the premises they must be accompanied by an adult.
42. The licence holder shall ensure that between 18.00hrs and 21.00hrs all persons aged between 16 and 18 must be accompanied by an adult.
43. The licence holder shall ensure all staff receives training which includes how to deal with underage drinkers and receive a signed document confirming such training has taken place.
44 The licence holder shall ensure that children are only allowed on the premises during daytime opening and under parental supervision.
45. The licence holder shall ensure that proof of age/ID is asked for where required.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached