Annex 1 Mandatory Conditions
Mandatory conditions where licence authorises supply of alcohol
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 The responsible person will take all reasonable steps to ensure that that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6. The premises licence holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
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 a holographic mark.
7. 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) customers are made aware of the availability of these measures.
Where premises licence authorises the exhibition of films:-
8. Where the film classification body is specified in the licence, unless subsection 2(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
1 Where
a) the film classification body is not specified in the licence, or
b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
2 In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).
Where premises licence includes condition regarding door supervisors:-
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, the licence must include a condition that each individual must be licensed by the Security Industry Authority.
Annex 2 Conditions consistent with operating schedule
Prevention of Crime and Disorder
1. The licence holder shall ensure a personal licence holder is on the premises at all times that the sale of alcohol is taking place.
2. The licence holder shall be an active member of the Rotherham Voluntary Code of Conduct.
3. The licence holder shall consult with the Police at the earliest opportunity, when planning an event that is unusual in character to that normally held at a licensed venue.
4. The licence holder shall cperate with Police, multi-agency initiatives or action plans aimed at addressing particular crime and disorder connected with licensable activities or premises.
5. The licence holder shall discourage criminal conduct, in particular, the use of illegal substances and in doing so should consider displaying notices in and at entrances to licensed venues that clearly state that:
a. A search procedure may be conducted as a condition of entry to premises, recording full details of the circumstances surrounding any seizure of drugs, weapons or other articles that may be required for evidential purposes.
b. Offences will be reported to the Police.
c. Entry will be refused to any person who is drunk, threatening or violent.
d. Entry may be refused to any person who has been convicted of drunkenness, violent or threatening behaviour or the use or distribution of illegal substances, and
e. Offences will be reported to the Police and may be recorded on city centre CCTV cameras.
6. The licence holder shall discourage offences outside the premise including persons engaged in soliciting for the purposes of prostitution by wherever possible reporting offences to the Police.
7. The licence holder shall ensure that ongoing risk assessments are carried out to minimise risks to staff and customers on their premises. Licensees should have a plan to ensure a swift, effective and safe response to crime, drug misuse or antisocial behaviour. The habit of using particular licensed premises for such activity develops quickly and must be stopped as soon as possible.
8. The licence holder shall ensure that no person under the age of 18 will be permitted to be on the premises at such time that there is Licensable Activity.
9. The licence holder shall accept the legal responsibility to ensure effective procedures are in place to prevent underage purchase, sale and consumption of intoxicants to underage persons or customers who are drunk. It is a criminal offence for both the licensee and staff to serve intoxicants to underage persons or a drunken customer. It is recommended that the proof of age scheme be utilised in licensed premises.
10. The licence holder shall ensure that large groups of people do not congregate and drink in the street outside of the licensed premise as this can cause harassment, alarm and distress to members of the public. It is the licensee's responsibility to ensure this does not occur. On weekends and busier periods, consideration should be given to having registered door supervisors at each exit of licensed premises. If problems do occur with people congregating outside a particular premise, the Police may seek to review the licence.
Public Safety
None.
Prevention of Public Nuisance
11. The licence holder shall ensure that prior to any part of the premises being used for residential purposes, a scheme for sound insulation shall be undertaken by a suitably qualified, competent noise consultant in order to assess the impact of the noise from regulated entertainment and entertainment facilities in the licensed premises on associated residential units. The scheme shall take account of the ventilation to the room and sound ventilation to the room and sound insulation shall conform to BS8233:1999. This must be sufficient to prevent noise disturbance to associated residential units from the licensed premises. The scheme for sound insulation must be submitted to the Licensing Authority for assessment prior to approval being granted.
Protection of Children from Harm
None.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached.