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
General
1 The Licence holder shall ensure that the business runs as two distinct and separate businesses.
Prevention of Crime and Disorder
2 The licence holder shall ensure that sales of alcohol for delivery will only be made with a substantial food order - £8.00 minimum.
3 The licence holder shall ensure that any delivered sales of alcohol are limited to 4 bottles or cans of up to 1 pint in total volume or 1 bottle over 1 pint in total volume.
4 The licence holder shall ensure that consumption of alcohol does not take place within the customer car park.
5 The licence holder shall ensure that that all staff involved in the sale of alcohol receive training on customer relations, and in particular how to deal with abusive/violent customers.
6 The licence holder shall ensure that they are a member of Rotherham Licence Watch Scheme.
7 The licence holder shall ensure that CCTV cameras are installed to cover all entrances, exits and public areas including the car park.
8 The licence holder shall ensure that orders for sales of alcohol to be delivered are not accepted unless a telephone number is displayed on the telephone system at the premises at the time the order is made.
9 The licence holder shall ensure that all deliveries of orders containing alcohol are made from within a delivery van and will not be delivered to the door of any customer.
10 The licence holder shall ensure that all sales and deliveries of items ordered are subject to the provision of the production of appropriate items of identification to establish a persons age where it is suspected that a person maybe under 21.
11 The licence holder shall ensure that all menus and promotional literature relating to delivery of alcohol set out the requirements of the customer before any sale or delivery can be made.
12 The licence holder shall ensure that no products containing alcohol are displayed in the fast food outlet.
13 The licence holder shall ensure that no promotional offers on prices of alcohol are offered for delivery with takeaway food.
14 The licence holder shall ensure that all deliveries of alcohol are made in vehicles approved, by the licensing representative for South Yorkshire Police for the purpose of the deliveries.
15 The licence holder shall ensure that CCTV cameras, approved by the licensing representative for South Yorkshire Police are fitted to all delivery vehicles to capture the image of persons taking delivery of alcoholic products.
16 The licence holder shall ensure that images captured on CCTV in vehicles are stored for 31 days and made available to a Police Officer upon request.
17 The licence holder shall ensure that telephone orders for alcohol (with food) after 23.00 hours include the name, address, time, date and age recorded on the order form.
18 The licence holder shall ensure that order forms are retained for a period of 3 months after the sale has been made, and made available on reasonable request, to any Police Officer or Authorised Officer under the Licensing Act 2003.
19 The licence holder should be aware that the Licensing Officer for South Yorkshire Police retains the option to request that the hours for the premises may be ‘reassessed’ at any time between 25 September 2009 and 24 September 2010, and on reasonable request of the Police Officer those hours may be reverted back to the original hours for the premises prior to the variation dated 25 September 2009.
Public Safety
20 The licence holder shall ensure that all deliveries of orders containing alcoholic products to customers are made only using designated delivery vans.
21 The licence holder shall ensure that staff have adequate training (including first aid) to secure the safety of the premises and its patrons.
22 The licence holder shall ensure that there is regular testing and certification of fire fighting equipment and systems pertinent to safety.
Prevention of Public Nuisance
23 The licence holder shall ensure that litter bins are available within the fast food outlet and in the customer car park.
24 The licence holder shall ensure that regular checks are made to remove any litter in the immediate vicinity of the premises.
25 The licence holder shall ensure that all customers respect the need to arrive and leave the premises quietly.
Protection of Children from Harm
23 The licence holder shall ensure that unaccompanied children under the age of 12 are not served food after 22.00 hours.
24 The licence holder shall operate the ‘Challenge 21’ proof of age scheme.
25 The licence holder shall ensure that alcohol is not delivered to any person that cannot provide proof of age if apparently under the age of 21.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached.