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
Prevention of Crime and Disorder
None.
Public Safety
None.
Prevention of Public Nuisance
None.
Protection of Children from Harm
None.
Annex 3 Conditions attached after a Hearing of Licensing Authority
Review Hearing 14 September 2012
1 The removal of the Designated Premises Supervisor - Ryan Guest
2 Whilst the performance of live music is prohibited, with regards to:
The playing of recorded music:-
Sunday to Thursday: 10:00 am to 23:00 pm
Friday and Saturday: 10:00 am to midnight
The sale of alcohol:-
Sunday to Thursday: 10:00 am to midnight
Friday and Saturday: 10:00 am to 01:00 am the following morning
The premises being open to the public:-
Sunday to Thursday: 10:00 am to 00:30 am the following morning
Friday and Saturday: 10:00 am to 01:30 am the following morning
Drinking outside of the premises:-
Sunday to Thursday: this is prohibited after 23:00 pm
Friday and Saturday: this is prohibited after midnight
3 The following conditions are also to be attached to the licence:-
a The installation of CCTV which shall cover the external areas of the premise;
b Permanent removal of the bass sound box
c Installation of a third door to reduce the amount of noise breakout from the premise when other doors are being opened and closed.
d All staff to undergo training on ‘Challenge 25’ and records to be kept of any such training. Any appropriate posters are to be displayed on the premises.
f The clearing of glasses and bottles outside of the premises to be undertaken on a regular basis and with as little disturbance to local residents as possible in order to ensure appropriate management and control.
g No drinks to be allowed in the smoking area at anytime.
h All windows and doors to remain closed (save for egress and ingress) when music is being played on the premise.
i The signs which are already on display outside the premises reminding customers about controlling noise to be laminated.
The licence holder is to be reminded about the need to adhere to all laws and regulations, including those in relation to the admission of under-aged persons in licensed premises and fire safety.
Review Hearing on 25 July 2013
1 The Sale of alcohol
Amended to Friday and Saturday: 10.00 to 00.30 am the following morning
Closing time
Amended to Friday and Saturday: 01.00 am the following morning
2 The following conditions are also to be attached to the licence:-
No drinks to be taken outside to any of the smoking areas after 20.00 - Monday to Sunday
No drinks to be taken outside the premise unless in plastic/polycarbonate glasses - all bottles to be decanted into plastic/polycarbonate glasses.
The condition agreed as part of the Minor Variation application submitted 4 July 2013:-
‘The licence holder shall not hold events aimed at or that attract youth/underage people for example drum and base nights and that a culture of community/family/responsible detailing will be promoted’
3 Suspension of licence for two months.
Subsequently amended by way Consent Order at Rotherham Magistrates Court on 10 October 2013 as follows:-
The decision of the Licensing Authority given after the hearing held on 25 July 2013 in respect of an application for review of the premises licence relating to the Queens Hotel, Winterwell Road, West Melton, Rotherham S63 6DP be amended as follows:-
1 The decision to suspend the premises licence for a period of two months shall not apply and shall be removed.
2 The following condition shall be removed:-
No drinks to be taken outside the premises unless in plastic/polycarbonate glasses - all bottles to be decanted into plastic/polycarbonate glasses.
3 The following condition shall be added to the premises licence:-
No drinks to be taken outside the premises on Fridays and SAturdays after 20.00 and on occasions when musical regulated entertainment is provided unless in plastic/polycarbonate vessels.
Annex 4 Plans
See attached