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.
Showing of films
Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
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
Major Events on Premises
1. The licence holder shall ensure that an Event Management Plan shall be submitted to the Licensing Authority and approved no later than 6 weeks before the events each year for circulation to the other Responsible Authorities.
2. The licence holder is to ensure that where major events are staged externally at the premises, polycarbonate drinking vessels (or other appropriate non- glassware) are to be used.
3. The licence holder shall ensure that risk assessment and other event specific information, including stewarding and policing proposals will be discussed at Event Planning Meetings between the licensee (or their representatives) and the Responsible Authorities where such a meeting is deemed appropriate by the authorities.
During any major music event the licence holder shall ensure that:
4. The licensee/promoter shall notify the Licensing Authority of the appointed responsible person to co-ordinate noise issues, no later than four weeks prior to the event. The noise coordinator shall liaise between all parties, DPS, promoter, sound system suppliers, sound engineers, Licensing Authority and Environmental Protection Service on all matters relating to noise control prior to and during the event.
5. For a major music event, a Noise propagation test will be undertaken prior to the start of any event in order to set appropriate control of its sound mixer position. A sound system will be configured and operated in a similar manner as intended for the event. The noise source used for the test will be similar in character to the music likely to be produced during the event. Officers from the Environmental Health Department will be given prior notification of the test and provided with access to the results.
6. The licensee shall on being presented with appropriate evidence from the nominated Officer from the Environmental Protection Service of the Authority comply with a request by them to reduce or re-mix sound emanating from the amplification system.
7. Major music events shall be limited to no more than 12 events per calendar year by agreement with the Responsible Authorities.
8. The licensee will ensure that the promoter, sound system supplier and all individual sound engineers are informed of the sound control limits and that any instructions from the licensee/promoter are implemented immediately.
9. Live and recorded music will be played at the music events only between 10:00 and 00:00 (midnight) unless otherwise agreed with the Responsible Authorities. Functions in marquees with less
10. Any major event will include a dedicated lost/found child policy which all security and staff are briefed on the contents of.
11. All external major events will produce a detailed scale site plan, which will include entrances, emergency exits, first aid/welfare, temporary bars, staging, structures and marquees.
12. No later than 28 days prior to a major music event a Noise Management Plan shall be submitted to the Licensing Authority. This will include as a minimum:-
Timings for all regulated entertainment and performances, rehearsals and sound checks.
Details of noise control procedures, compliance monitoring and intervention actions for all regulated entertainment performances, live rehearsals and sound checks.
Details of comments line should members of the public wish to register comments relating to music noise including where this will be advertised and how residents will be made aware of the number and how these will be logged and responded to.
Details of compliance reporting.
Details of a complaint handling procedure and the steps to be taken to resolve those complaints.
The Licensee shall comply with the measures set out in the agreed final Noise Management Plan.
Prevention of Crime and Disorder
13. The licence holder shall ensure that the use of security staff will be risk assessed on an ongoing basis by the Licence Holder of the premises and the DPS. Where engaged, those security staff shall be licensed by the Security Industry Authority.
14. The licence holder shall ensure that staff will receive training on matters concerning underage sales, drugs policies, and operating procedures. The premises shall operate a proof of age scheme and will require photographic identification from any person who appears to be under the age of 21 years.
15. The licence holder shall ensure that the management of the premises will liaise with Police on issues of local concern or disorder.
16. The licence holder shall ensure that there shall be no drinks promotions at the premises which are inconsistent with the need to promote responsible drinking.
17. The licence holder shall ensure that for non-major events taking place upon the premises, the management will risk assess the use of glassware and this condition will be an ongoing assessment by management whilst these events take place due to either customer’s profile, likely demeanour, or upon Police advice.
18. The licence holder shall ensure that door supervisors conducting security activities must be registered with the Security Industry Authority (SIA) and must display name badges and carry proof of registration. An appropriate number of SIA registered staff must be employed at any boxing, wrestling or indoor sports event, the number of such personnel for these events will be subject to the agreement of the Police.
19. The licence holder shall ensure that only strengthened glass or plastic receptacles must be used for the sale of drinks at any boxing, wrestling or indoor sporting event or any major music event held internally or externally at the premises.
20. The licence holder shall ensure that all members of staff at the premises must see credible photographic proof of age evidence from any person who appears to be under the age of 18 and who is seeking to purchase or consume alcohol on the premises. Such credible evidence, which will include a photograph of the customer, will be a passport, photographic driving licence, or proof of age card carrying a ‘PASS’ logo.
21. The licensee/promoter will ensure that a secured deposit box is kept on the premises for the retention of confiscated items and ensure the Police are advised of any items which require safe disposal as soon as reasonably practicable after any such items have been confiscated.
Public Safety
22. The licence holder shall ensure that the premises will have adequate safety and firefighting equipment and such equipment will be maintained in good operational order.
23. The licence holder shall ensure that staff will be trained on matters of safety, evacuation and use of emergency equipment as required.
24. The licence holder shall ensure that the licensee/promoter will make sure that appropriately qualified medical practitioner is present throughout sports entertainment including boxing, wrestling, Judo, Karate and other sports entertainment of a similar nature.
25. The licence holder shall ensure that the licensee/promoter shall ensure that any wrestling or similar entertainment, members of the public do not occupy any seats within 2.5m of the ring.
26. The licence holder shall ensure that the licensee/promoter shall make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises at all times and that this is increased where necessary depending upon the event. The licensee/promoter will ensure that depending on the event and the number of tickets sold, there will be an appropriate number of suitably trained first aiders on duty and if more than one first aider is present they will make sure their respective duties are clearly defined.
27. The licence holder shall ensure that the licensee promoter will make sure there is valid public liability insurance in force and a copy of this schedule is available for inspection by an authorised officer on request.
28. The licence holder shall ensure that catering concessions are responsible of providing their own firefighting equipment. The licensee/promoter shall ensure that only premises that are already registered under the Food Safety & Hygiene (England) Regulations 2013 shall be allowed to provide food and drink upon the premises. All food concessions will be available for inspection at times suitable to the Authority’s Environmental Health Officers.
Prevention of Public Nuisance
29. The licensee/promoter will provide at least 7 days prior written notification of any major music event (this condition will not apply to events with less than 500 people in attendance), including sound tests and rehearsals to residents and other sensitive receivers in the proposed notification boundary. Notification will include:
The name and date of the concert;
The commencement and finishing times of the concert including likely sound checks and rehearsals if a noise impact is anticipated;
The telephone number of an information and customer services line operated by the licensee/promoter during concerts, rehearsals and sound checks for the purpose of providing information about the music event and receiving any complaints from members of the public in relation to those activities records will be kept of any unresolved complaints received to the telephone number provided.
Information from the intended complaint telephone number will be immediately given to those controlling the sound at the music event to allow assessment as to any adjustment to the music noise level.
30. A The licence holder shall ensure that a standard template will be used to log all complaints and will include the name and address and contact details of the complainant, date and time of the complaint, l ocation of the complaint (general indicative street location), the event to which the complaint relates, the nature of the complaint, the name and person who receives the complaint and the response given.
31. The licence holder shall ensure that a two way communication network will be established between all those involved in noise control at any major music event (events with less than 500 people attending will not be subject to this condition).
32. The licence holder shall ensure that for any major event to take place upon the premises for licensable activities for over 1,000 attendees, an operating plan or included in an Event management Plan written specific control measures appropriate for the nature, scale and location of those licensable activities to:
1) Promote the four licensing objectives; and
2) Address specifically arrangements for:
I. Regulating noise generated by the preparations for, the operation of and the closing down/clearing up after the licensable activities;
II. Clearance of rubbish, detritus and equipment from the site after the licensable activities;
III. The safe dispersal of attendees after the licensable activities;
IV. The safe supervision/stewarding/security/policing the licensable activity;
V. Limiting the number of persons attending the licensable activity to safe levels;
VI. Managing car parking generating by the licensable activity; and
33. The licensee/promoter will give prior notification to the Licensing and/or Fire Authority if they intend to use any of the following special effects:
1) Dry ice machines and cryogenic fog;
2) Smoke machines and fog generators;
3) Foam cannon/snow machine;
4) Pyrotechnics, including fireworks;
5) Real flame;
6) Fire arms;
7) Motor vehicles;
8) Strobe lighting;
9) Explosives and highly flammable substances;
10) Laser (see HSE guide the radiation safety of lasers for display purposes (HS(G)95 and BSEN60825);
11) Safety of laser products.
34. The licence holder shall ensure that where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.
35. The licence holder shall ensure that patrons will be encouraged by staff to leave quietly and respect the interests of the occupiers of any nearby noise sensitive premises.
36. The Music Noise Limit (MNL) should not exceed the background noise level by more than 15dB(A) over a 15 minute period. The Background Noise Level (at designated points around the premises) shall be in agreement with the Local authority Environmental Health Department.
37. The licence holder shall ensure that the positions of Marquees for events where amplified or recorded music is taking place, shall either be;
a) delineated on a plan submitted to the Environmental Health Department or
b) delineated on a plan included in any Event Management Plan submitted to the authorities.
38. The licence holder shall ensure that where a Licensable activity takes place requiring the use of generators, the Premises Licence Holder or Nominated Representative shall;
a) consider their position upon the premises regarding proximity to noise sensitive domestic properties and;
b) make a written risk assessment as to whether Silenced generators should be used.
39. Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby noise sensitive domestic properties.
40. Monitoring will take place at locations agreed with the Environmental Health officer at the nearest noise sensitive domestic property to the premises during major music events to ensure the MNL (Music Noise Levels) does not exceed the specified level for that event agreed with the Environmental Health Officer, current locations indentified;
30 Hooton Road, Kilnhurst
26 Hooton Road, Kilnhurst
24 Hooton Road, Kilnhurst
61 Wharf Road, Kilnhurst
59 Wharf Road, Kilnhurst
120 Highthorn Road, Kilnhurst
139 Highthorn Road, Kilnhurst
60 Canalside View, Kilnhurst
Protection of Children from Harm
41. The licence holder shall ensure that there shall be adequate controls in place including staff training to safeguard against the sale of alcohol to persons under 18 years.
42. The licence holder shall ensure that the operation of a designated lost child point with appropriate staff policies and procedures shall be in place for the premises.
43. The licence holder shall ensure that policies in relation to children shall be adequately communicated to patrons by staff or through appropriate signage.
44. The licence holder shall ensure that films may be screened. Under the terms of the premises licence films to be screened shall be restricted in accordance with any recommendations made:
a) By the British Board of Film Classification (BBFC) where the film has been classified by that Board; or
b) By the Licensing Authority where no classification certificate has been granted by the BBFC; or
c) Where the Licensing Authority has notified the licensee that s.20 (3)(b) of the Licensing Act applies to the film.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
Attached