ANNEX 1 - MANDATORY CONDITIONS
1.1 No supply of alcohol may be made under this licence
a. at a time when there is no designated premises supervisor in respect of it or,
b. at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
1.2 Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
Mandatory Licensing Conditions (wef October 2014)
1. (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).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3. (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 licence 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.
4. The responsible person must 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;
(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.
Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014
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 + (D×V)
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 this 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.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 CCTV shall be in operation which shall record 24 hours per day
2.2 There shall be Challenge 25 scheme in place.
2.3 There shall be a zero tolerance to drugs and anti-social behaviour.
2.4 There shall be adequate lighting inside and outside the premises including emergency lighting.
2.5 There shall be a fire alarm.
2.6 Sound shall be kept to a reasonable levels and doors and windows shall be closed whilst music is being played.
2.7 The licence holder or designated premises supervisor shall ensure members of the public leave quietly so as not to disturb neighbours.
2.8 Children under the age of 18 shall leave the premises by 21.00 hours.
2.9 Children shall be accompanied by a responsible adult.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 At least one personal licence holder shall be contactable while the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
3.2 Another member of staff shall be nominated to act for the DPS in their absence whose identity is known by all staff when such absence occurs.
3.3 An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
3.4 Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective shall be available for inspection by an authorised officer.
3.5 Security/staff arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas at least every 30minutes.
3.6 Clearly visible notices shall be displayed advising those attending that:
a) It is a condition of entry that customers agree to be searched and
b) Police shall be informed if anyone is found in possession of controlled substances or weapons.
3.7 Records of incidents involving the use, and/or detection of drugs shall be maintained and those records shall be available for inspection. Confiscated and found drugs shall be transferred to the police in accordance with procedures agreed with Lancashire Constabulary.
3.8 No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.
3.9 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the grounds and curtilage of the premises.
3.10 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the grounds and curtilage of the licensed premises.
3.11 No entertainment of an adult or sexual nature shall take place on the premises.
3.12 A Challenge 25 proof of age policy shall be implemented and adhered to. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
· A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).
· Photo driving licence.
· Passport.
· Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.
If no suitable identification is provided the sale of alcohol to them shall be refused. Suitable signage shall be displayed to specify the Challenge 25 policy is in place.
3.13 All staff to have received suitable training in relation to the proof of age scheme. Refresher training on underage sales to be provided to all staff every 3 - 6 months. Records to evidence this shall be made available to an authorised officer upon request.
3.14 Functions which specifically target young people aged 17-18 years (for example birthday parties) shall not be allowed to take place on the premises.
3.15 CCTV must be installed internally and externally at the premises and must comply with the following:
i. Appropriate signage alerting customers to CCTV recording must be displayed in conspicuous positions on the premises.
ii. The CCTV system must be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises must be covered by the system. The system shall incorporate a camera covering each of the main entrance doors and each camera must be capable of providing an image which is regarded as identification standard in all lighting conditions.
iii. The system must record all hours the premises are open to the public.
iv. Recordings must display the correct date and time.
v. Digital recordings must be held for a minimum period of 21 days. The system must as a minimum record images of the head and shoulders of all persons entering the premises.
vi. A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times the premises are open to the public. This staff member shall be able to show police recent data or footage with the absolute minimum of delay when requested
vii. The licence holder must notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the conditions of this licence.
viii. Bi-annually documented maintenance checks must be made of the CCTV system to ensure that the system is in good working order and is operating in compliance with the conditions of this licence.
3.16 An adequate number of licensed door supervisors shall be on duty as appropriate to a risk assessment.
3.17 An incident book shall be maintained in which shall be recorded:-
i. All incidents of crime and disorder
ii. Refused sales to suspected under-age and drunken persons
iii. A record of any person asked to leave the premises or removed from the premises
iv. Details of occasions on which the police are called to the premises
v. A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion
The book shall be available for inspection by a police officer.
3.18 Patrons shall not be permitted to consume drinks outside after 20:00hrs each day. Signs shall be displayed in prominent positions warning customers that they shall not be permitted to eat or drink in the external areas after these times.
3.19 Any seating in the outside area should be fixed or removed from the area no later than 20:30hrs.
3.20 The outside area should be monitored at regular intervals by staff and must be covered by CCTV.
3.21 All doors and windows shall be closed, except for access and egress during the performances of amplified entertainment.
3.22 All amplified entertained shall cease at 23.00 Sunday to Thursday and 00:00 Fridays and Saturdays.
ANNEX 4 - PLANS
See attached plan ref FY PL0429