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(a);
(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(b).
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 All staff who are involved in the sale of alcohol shall receive training in relation to the licensing objectives so as to reduce crime and disorder, promote public safety, prevent public nuisance and promote the protection of children from harm. Said training shall be documented and shall be made available to an authorised officer upon request.
2.2 The Premises Licence Holder, or a nominated representative, shall be an active member of the local Pubwatch scheme or its equivalent (where such a scheme in existence) and shall regularly attend meetings.
2.3 Whenever the Designated Premises Supervisor is not on the premises, another member of staff whose identity is known by all staff shall be nominated as the responsible person.
2.4 The lift leading to The Loft (first floor) from Toast (ground floor) shall be fitted with a device ensuring that members of the public shall not be able to access the lift without authorisation from a member of staff.
2.5 A minimum of one door supervisor shall be stationed on the entrance to the premises when open to the public.
2.6 Any individual employed on the premise to carry out a security activity must be licensed by the Security Industry Authority.
2.7 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment. The risk assessments shall be recorded and this documentation shall be made available to an authorised officer when requested.
2.8 All doorstaff employed at the entrance/exit of the licensed premises shall wear a reflective jacket /tabard or other badge of a design that meets the reasonable satisfaction of Lancashire Constabulary.
2.9 Any person employed as a licensed door supervisor shall clearly display his name badge at all times whilst on duty.
2.10 No customers carrying open bottles upon entry shall be admitted to the premises at any time the premises are open to the public.
2.11 No drinks shall be permitted outside 23.00.
2.12 CCTV will be installed internally and externally at the premises and shall comply with the following: -
• The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system.
• The system will display on any recording the correct time and date of the recording.
• The system will make recordings during all hours that the premises are open to the public.
• The VCR tapes or digital recording will be held for a minimum of 31 days and 28 days respectively after the recording is made and will be made available to the police or any authorized persons acting for a responsible authority for inspection upon request.
• The system will, as a minimum, record images of the head and
shoulders of all persons entering the premises.
2.13 The Licence Holder or Designated Premises Supervisor shall 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 reasons for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
2.14 Appropriate signage alerting customers to CCTV recording shall be displayed in a conspicuous position on the premises.
2.15 Bi-annually documented maintenance checks of the CCTV system, including the recording system shall be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
2.16 No entertainment of an adult nature shall take place on the premises.
2.17 The licence holder/DPS shall arrange adequate supervision of any queue which may form to gain entry to the premises.
2.18 The licence holder shall erect and maintain suitable and sufficient conspicuous signage on the exterior of their premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused.
2.19 An authorisation of sales, signed and dated by the DPS, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises. All staff involved in sales shall be at least 18 years of age and shall receive training to promote the licensing objectives. All training shall be documented and records made available on request to Lancashire Police or any authorised officer.
2.20 Records shall be kept on the premises of every person employed at the premises as a door supervisor. The record is to contain the following details:
i Name and address
ii Date of Birth
iii SIA Licence Number
iv Time duty commenced and time duty terminated
2.21 Said records are to be made available for inspection upon demand by a Police Officer or any authorised officer.
2.22 An incident log shall be maintained in which shall be recorded:
i. All incidents of crime and disorder
ii. Refused sales to suspected underage/drunken persons
iii. A record of any person refused admission or asked to leave the premises
iv. Details of occasions upon which the Police are called to the premises
v. The use or discovery of drugs
2.23 That log shall be available for inspection by a Police Officer or authorised person on request.
2.24 No boxing machines shall be in operation at the premises.
2.25 The premises shall implement a zero tolerance drugs policy.
2.26 Whenever regulated entertainment is taking place, regular assessments shall be made of any noise emanating from the premises. Wherever said assessments indicate that noise is likely to cause nuisance to any local residents, remedial steps shall be taken to reduce the level of noise.
2.27 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
2.28 At all times when recorded or amplified music is being provided on the premises, such music shall be subject to an automatic noise limitation device (or other suitable device), the device being set to reduce the level of sound if the volume reaches a pre-set level. Such level to be to the reasonable satisfaction of the environmental health department.
2.29 The volume of amplified sound used shall at all times be under the control of the management of the premises and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.30 All doors and windows will be closed whilst regulated entertainment is on, except for ingress and egress.
2.31 The licence holder and/or DPS shall support and rigorously enforce the Challenge 25 proof of age policy. Any person who looks or appears to be under the age of 25 shall be required to provide identification to prove that they are over the age of 18. The following are the only forms of identification acceptable::
- passport
- UKPhoto Driving Licence
- PASS card
- Official ID card issued by HM Forces or European Union bearing photograph and date of birth of the holder.
- or any other nationally or locally approved card which may be introduced in the future.
2.32 All staff who are involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme upon commencement of their employment, followed by refresher training at appropriate intervals. Said training shall be documented and made available to an authorised officer upon request.
2.33 No children under 18 shall be allowed on the premises unless attending a pre-arranged private function. All children shall be supervised by an adult at all times.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 From Thursday to Sunday there shall be on duty at the premises two door staff from 9pm, 3 door staff from 10pm and 5 door staff from 1 am. When on duty, door supervisors shall remain at the premises until the final customers have departed to ensure dispersal in a quiet and orderly manner.
3.2 At least one personal licence holder shall be on duty whenever licensable activities are being undertaken after 21:00, except in the case of an emergency..
3.3 Where such scheme is available, radio link equipment will be utilised at the premises and shall be monitored by the head doorman or another responsible person whilst the licensed premises are open for business.
3.4 Where commercially available, only toughened glass or polycarbonate vessels shall be used to dispense beverage’s to customers.
3.5 Where there is a reasonable suspicion that drugs are being carried by anyone entering the premises, the management of the premises shall ensure that outer clothing, pockets and bags of those entering the venue are searched by a trained member of staff of the same sex.
3.6 Clearly visible notices shall be displayed advising those attending the premises that it is a condition of entry that customers agree to be searched and that police will be informed if anyone is found in possession of control substances or weapons.
3.7 Any customer known to the management to have been convicted of committing criminal offences relating to drugs shall be excluded from the premises.
3.8 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection by an authorised officer.
3.9 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with Lancashire Constabulary.
3.10 A drugs prevention strategy for the venue shall be developed and applied. The strategy shall include arrangements for the purposes of the location of posters and the distribution of other information relating to drug risks, the dangers associated with drugs and the legal provisions relating to drug use.
3.11 Toilet checks will be regularly conducted at the premises and will include searching for evidence of drugs and/or their use.
3.12 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.13 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the club is open to the public. Said staff member shall be available to show police recent data or footage with the absolute minimum of delay when requested.
ANNEX 4 - PLANS
See attached plan referenced FY PL0341.