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 The premises shall be utilised as a Deli Style eating establishment and Wine Bar
2.2 Children under the age of 18 years shall only be permitted on the premises in the presence of an accompanying adult and not beyond 2100.
2.3 The premises shall have a strict no drugs policy which shall be applied and maintained throughout.
2.4 A personal licence holder shall be on the premises at all times.
2.5 All drinks shall be served with a glass and poured at the table or bar and bottles shall not be allowed off the premises.
2.6 The maximum occupancy of the premises shall be restricted to 80 persons and the patio area to eight persons.
2.7 The premises shall operate an accident book system where all incidents are logged and recorded and full details taken.
2.8 The premises shall have First Aid Equipment available which shall be maintained and checked on a weekly basis and stocks replenished when required.
2.9 Tables and chairs at the premises shall be non-fixed and are moveable in te event of an emergency.
2.10 No special effects or lighting shall be used at the premises save for disco lights to be supplied by any guest DJ or artist.
2.11 When and if guest artists, bands and DJ’s are performing at the premises any music shall be subject to an automatic noise limitation device. All music shall be kept to a reasonable noise level.
2.12 The premises shall be continually cleared and cleaned throughout the premises opening times.
2.13 All kitchen equipment shall be tested, passed and approved periodically.
2.14 Patrons shall necessarily be encouraged to leave the premises quietly and a notice shall be displayed to this effect if necessary.
2.15 Alcohol shall only be provided to persons aged 18 or over and identification shall be asked for in the event of any doubt as to age.
2.16 No gaming machines shall be allowed on the premises.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 CCTV will be installed internally and externally at the premises and will comply with the following:
a, 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 incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard,
b, The system will display on any recording the correct time and date of the recording.
c. The system will make rccordings during all hours the prcmises are open to the public.
d. VCR tapes or digital recording shall be held for a minimum of31 days and 28 days respectively, after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
e. The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.2 A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
3.3 The Licence holder or DPS shall notify the Police Licensing Unit on any occasion when the CCTV or radio system 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 licence conditions.
3.4 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular documented checks of toilet areas are conducted.
3.5 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
3.6. An incident book will be maintained, in which shall be recorded:
a. All incidents of crime and disorder
b. Refused sales to drunken persons
c. A record of any person refused admission or asked to leave the premises
d. Details of occasions upon which thc Police are called to the premises
e. The use or discovery of drugs
That book shall be available for inspection by a Police Officer or authorised person.
3.7 The provision of food, including full meals and snacks, shall form a substantial element of the operation of the premises.
3.8 The sale and supply of alcohol shall be ancillary to the provision of the table meals or persons purchasing food for consumption on the premises.
3.9 The licence holder is to 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 asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
i. UK photo driving licence
i i. Passport
iii. Proof of Age Standards Scheme card.
If no suitable identification is provided sale of alcohol to them will be refused.
Signs promoting this policy will be prominently displayed at public entrances and alcohol sales areas.
3.10 All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this shall be made available to an authorised officer on request.
3.11 Portable safety barriers shall be erected around the outside area whenever this is used.
3.12 In the outside patio area, the supply of intoxicating liquor shall be waiter/ess service and only to persons seated at tables. The outdoor area should be closed by 23 :00hrs and any furniture removed.
3.13 A personal licence holder will be on the premises at all times the premises is open to the public.
3.14 Another member of staff shall be nominated to act for the Designated Premises Supervisor in their absence, whose identity shall be known by all other staff when such absence occurs.
3.15 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.16 Any 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 officer of a Responsible Authority.
3.17 An adequate number of Licensed Door supervisors will be on duty as appropriate to any risk assessment.
3.18 The premises shall be operated in participation with the 'Pubwatch' Scheme.
3.20 When regulated entertainment is taking place, all doors and windows shall be closed after 2200 hours except for access and egress.
3.21 All doors and windows shall remain closed during the performance of amplified entertainment except for access and egress.
3.22 There shall be no live entertainment taking place in outside areas.
3.23 Where practical acoustic curtains shall be placed over windows when live entertainment (DJ or live bands) is taking place.
ANNEX 4 - PLANS
See attached plan referenced FY PL0343.