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 No member of staff shall sell alcohol unless they hold a current personal licence or have been authorised to do so by the Designated Premises Supervisor or other personal licence holder who is satisfied as to their competence to make such sales.
2.2 Hot drinks, soft drinks and non-alcoholic drinks shall be available as an alternative to alcohol at all times.
2.3 In the outside area, the supply of intoxicating liquor shall be by waiter/waitress service only and only to persons seated at tables.
2.4 CCTV will be installed internally and externally at the premises and will comply with the following:
i) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises shall be covered by the system with the exception of the toilets. 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.
ii) The system shall display on any recording the correct time and date of the recording.
iii) The system shall make recordings during all hours the premises are open to the public.
iv) Digital recording shall be held for a minimum of 28 days 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.
v) The system will, as a minimum record images of the head and shoulders of all persons entering the premises.
2.5 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.
2.6 The licence holder 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.
2.7 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
2.8 Annual documented maintenance checks of the CCTV system, including the recording system shall be undertaken by the licence holder to ensure that the system is in good working order and fit for purpose.
2.9 Any customer of bad character by virtue of unspent violent or drug offences (whether committed on the premises or not) and properly identified to the DPS in writing by the Police shall be removed from the premises at the request and with the assistance of the Police and excluded from the premises.
2.10 A record must be kept on the premises of every person employed at the premises as a door supervisor. The record must contain the following information:
a) Name and address
b) Date of Birth
c) SIA licence number
d) Time duty commenced and time duty terminated.
Said records must be made available for inspection upon demand by a Police Officer, responsible authority or authorised person.
2.11 Adequate provision shall be made to prevent unauthorised access to the storage of empty bottles.
2.12 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage of the premises and outdoor seating area.
2.13 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.14 Adequate first aid provision shall be available at all times.
2.15 Whenever the premises are open after midnight, patrons shall be reminded of the need to leave the premises quietly without causing annoyance, nuisance or disturbance to local residents.
2.16 The primary means of entertainment at the premises shall be by means of recorded music which shall generally be maintained at a low level to suit the ambience of the venue. It shall not be piped to the outdoor seating area.
2.17 The volume of amplified sound used in connection with entertainment shall at all times be under the control of the licensee or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.18 There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
2.19 The immediate vicinity of the premises shall be regularly checked and any dropped litter or spilled food shall be collected and removed.
2.20 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents when leaving the premises late at night shall be displayed on the premises.
2.21 All staff shall receive appropriate 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 upon request.
2.22 A notice or notices shall be displayed in the premises where they can be clearly be seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
2.23 Prior to opening on Friday and Saturday nights, a risk assessment shall be carried out to assess whether any licensed door supervisors are required.
2.24 A drugs prevention strategy for the premises shall be developed and applied to include any reasonable recommendations of Lancashire Constabulary and regular checks of toilet areas.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The primary purpose of the premises will be that of a restaurant / bistro/ cafe serving food, with additional occasional use for pre-arranged events and functions. The sale of alcohol will be ancillary to these uses.
3.2 The provision of food, including full meals and snacks will form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment.
3.3 Seating inside the premises will be provided for at least 70% of the total maximum capacity of the premises as determined by a risk assessment.
3.4 Whenever licensable activities are available at the premises a waiter/waitress service shall be available. However, in the outside area, the supply of intoxicating liquor shall be by waiter/waitress service only and only to persons seated at tables.
3.5 At least one personal licence holder will be contactable while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
3.6 Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity is known by all other staff when such absence occurs.
3.7 No customers will be admitted to the premises after midnight. For the avoidance of doubt, this condition shall not apply to those customers who were on the premises prior to midnight, and who exited the premises for the purpose of smoking.
3.8 No person in possession of a drink in a sealed or unsealed container will be allowed to enter the premises except for the purposes of delivery.
3.9 No drink will be removed from the premises in an unsealed container save for unfinished bottles of wine which must be re-corked before being taken away from the premises.
3.10 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
3.11 An incident book will be maintained in which shall be recorded:-
All incidents of crime and disorder
Refused sales to suspected under-age and drunken persons
A record of any person asked to leave the premises or removed from the premises
Details of occasions on which the police are called to the premises
A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion
The book will be available for inspection by a police officer.
3.12 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.
3.13 All members of staff shall receive suitable training with regard to serving drunks and are to receive regular refresher training at intervals of a maximum of six months. Records to evidence this will be made available to an authorised officer upon request.
3.14 Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner will be asked to leave the premises and will be escorted off the premises in a calm and appropriate manner.
3.15 The Licence Holder and Premises Supervisor shall ensure the free cold drinking water is available on request and shall have adequate supplies of chilled soft drinks and bottled water available for sale at the bar.
3.16 No entertainment of an adult or sexual nature will take place on the premises.
3.17 The departure of customers from the premises shall be effectively managed by staff who will request patrons to leave quietly and to avoid causing noise, nuisance or disturbance in the area.
3.18 A Challenge 25 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 25 proof of age scheme. Records to evidence this will be made available to an authorised officer upon request.
3.19 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 card accredited under the British Retail Consortium's Proof of Age Standards Scheme (PASS)
Photo driving licence
Citizen card supported by the Home Office
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 will be refused.
3.20 All staff who are involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are to receive regular refresher training at intervals of a maximum of six months. Records to evidence this will be made available to an authorised officer upon request.
3.21 Suitable signage will be displayed to specify that a Challenge 25 Policy is in place.
3.22 Children under 16 shall vacate the premises by 2200 unless partaking in a meal or family function.
3.23 Patrons shall not be permitted to consume drinks in the external areas to the front of the premises after 2300 each evening and after 2200 to the rear of the premises. Signs shall be displayed in prominent positions warning customers that they will not be permitted to eat and drink in the area after this time.
ANNEX 4 - PLANS
See attached plan referenced FY PL0358