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 Licence Holder shall be aware of their obligations under the relevant, existing legislation and shall train its staff in all the aspects of the relevant legislation
2.2 An incident report book shall be made available to the Police and other agencies including the Local Authority.
2.3 All incidents shall be reported to and monitored by EH Booths Ltd Customers Services.
2.4 The frontage of the premises shall be provided with security lighting which shall operate during the hours of sale of alcohol.
2.5 All staff shall have received training on the safe evacuation of the premises in the event of an emergency and such training shall be repeated at least annually. A record of the training provided shall be kept at the premises for at least 12 months and shall be made available to the fire service or Council.
2.6 Adequate arrangements shall be made in the Fire Evacuation Plan to ensure the safe evacuation of any disabled persons in the event of an emergency.
2.7 All fire escape routes and access to emergency vehicles shall be kept unobstructed and shall be clearly identifiable.
2.8 All fire exit doors shall be available and shall be capable of opening without the use of any key, card, code or similar means.
2.9 Fire doors shall be self-closing and may not be held open other than by devices approved by the Fire Service.
2.10 Notices detailing the action to be taken in the event of a fire or other emergency shall be prominently displayed in the premises.
2.11 All emergency lighting and fire safety signage shall be maintained in good working order and shall not be altered without the approval of the Fire Authority. The emergency lighting shall be capable of lasting at full capacity for not less than 3 hours.
2.12 Point of sale notices shall be displayed advising that any person who appears to be under the age of 21 shall be asked for proof of age.
2.13 Training shall be given to all staff of the consequences for adults who buy alcohol on behalf of children.
2.14 All refusals shall be recorded in a refusals book kept in store and monitored by the Customer Services Manager.
2.15 Training shall be provided to new members of staff on the sale of intoxicating liquor when they are employed. Those courses shall include training in young customer recognition.
2.16 Any new employees under the age of 18 shall not work on the tills until they have completed training and management have assessed them as competent in the sale of intoxicating liquor.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The Licence Holder is to support and rigorously enforce the Challenge 21 proof of age policy.
Any person who looks or appears to be under the age of 21 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
ii) Passport
iii) Proof of Age Standards Scheme Card
iv) Or any locally or nationally approved identification which may be introduced in the future.
3.2 All staff involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme. Records to evidence this shall be made available to an authorised officer upon request.
3.3 A member of management shall be available on the premises when licensable activities are taking place.
3.4 CCTV shall be installed internally and externally at the premises and shall comply with the following:
A) The CCTV system will be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.
B) All public areas of the premises are to be covered by the system.
C) The system shall incorporate a camera covering each of the entrance doors and shall be capable of providing an image which is regarded as identification standard.
D) The system shall display on any recordings the correct time and date of the recording.
E) The system will make recordings during all hours the premises are open to the public.
F) VCR tapes or digital recording shall be held for a minimum of 31 days or 21 days respectively after the recording is made.
3.5 An employee of Booths who is conversant with the operation of the CCTV system shall 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.
3.6 A responsible person at Booths 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 reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
3.7 Appropriate signage alerting customers to CCTV recordings shall be displayed in conspicuous positions on the premises.
ANNEX 4 - PLANS
See attached plan referenced FY PL0352