Annex 1 - Mandatory Conditions
The restrictions on the times during which the licence authorises the sale by retail of alcohol on the premises, set out in part M of the Licensable Activities section of this licence do not prohibit:
(a) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to
any person residing in the licensed premises;
(b) the sale of alcohol to a trader or club for the purposes of the trade or club;
(c) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or
supply of alcohol is carried out under the authority of the Secretary of State or an
authorised mess of members of Her Majesty’s naval, military or air forces;
(d) the taking of alcohol from the premises by a person residing there; or
(e) the supply of alcohol for consumption on the premises to any private friends of a person
residing there who are bona fide entertained by him at his own expense, or the
consumption of alcohol by persons so supplied; or
(f) the supply of alcohol for consumption on the premises to persons employed there for the
purposes of the business carried on by the holder of the licence, or the consumption of
liquor so supplied, if the liquor is supplied at the expense of their employer or of the
person carrying on or in charge of the business on the premises.
No supply of alcohol may be made under the premises licence:-
(a) at a time when there is no designated premises supervisor in respect of the premises
licence,
or
(b) at a time when the designated premises supervisor does not hold a personal licence or
his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
The admission of children under the age of 18 to film or video exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by
(a) The British Board of Film Classification (BBFC) where the film has been classified by that Board, or
() The Licensing Authority where no classification certificate has been granted by the BBFC or where the licensing authority has notified the licence holder that section 20 (3) (b) of the Licensing Act 2003 applies to the film
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
The primary purpose of the premises operation shall be as a hotel providing residential accommodation and ancillary facilities for hotel residents.
There shall be no Off Sales of alcohol from the premises.
The provision of licensable activities in the ballroom/banqueting room shall be restricted to bona fide guests attending organised functions and to residents of the hotel along with their bona fide guests.
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 or Authorised Person.
The sale or supply of alcohol in the restaurant shall be restricted to the residents of the hotel and their bona fide guests, bona fide guests attending organised functions and to persons taking table meals to which the sale or supply of alcohol is ancillary.
Signs shall be maintained in the ground floor lounge area and leisure centre café bar indicating that there shall be no further sales or supply of alcohol to non-residents after 23.30 hours or 00.30 hours on the specified public holidays of Good Friday, Easter Saturday, Easter Sunday, Spring Bank Holiday weekend, August Bank Holiday weekend, Christmas Eve, Christmas Day, Boxing Day.
From 2330 or 0030 on the specified dates referred to above, there shall be no further sale or supply or supply of alcohol in the ground floor lounge bar and leisure centre café bar except to residents of the hotel and their bona fide guests able to establish that they fulfil this definition.
At 2330 or 0030 on the specified dates referred to above, the ground floor lounge bar and leisure centre café bar shall be closed until all members of the public have vacated the premises and there shall be no further sales of alcohol until the premises are clear of the general public.
The Designated Premises Supervisor when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.
Another member of staff, whose identity is known to other staff, shall act on behalf of the Designated Premises Supervisor for the purposes of liaison, in their absence.
There shall be no promotions that encourage illegal, irresponsible or immoderate consumption of alcohol.
Adequate provisions shall be made to prevent unauthorised access to the storage of empty bottles.
There shall be displayed at the entrance to the premises a sign, which is clearly visible to those visiting the premises containing details of the hours which the hotel shall be open to the public, the licensable activities permitted on the premises and the maximum occupancy level set for the premises.
No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purpose of delivery.
All sales or supplies of alcohol after 2330 hours or 0030 on the specified referred to previously in the ground floor lounge bar and leisure centre shall be by charge to the room account. No cash sales shall be accepted.
All parts of the premises, must at all times, be kept free from defect and no structural changes or alterations on any part of the premises shall be made without the prior approval of the Council.
All exits and escape routes to the exits (including external escape routes) from the premises shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises. External escape routes shall also be kept free from ice and snow.
All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises.
Where a door on an escape route opens against the direction of exit travel, it shall be locked in the open position by a tamper-proof fastening when the premises are in use and there shall be a clearly visible notice in capital letters which contains the following words, “THIS DOOR SHALL BE KEPT LOCKED IN THE OPEN POSITION WHEN THE PREMISES ARE OCCUPIED” displayed in a clearly visible position next to the door.
All exit doors from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public.
All exit routes and doors on such routes shall be checked at regular intervals when the premises are open to the public to ensure that they are free from defect, obstruction, trip hazards and surfaces are not slippery.
The method of opening any exit door or gate from the premises shall be clearly displayed immediately above or below the fastening in white block lettering on a green background in letters not less than 50 mm high.
Where a fire-resisting door is fitted within the premises and that door is required to be kept closed at all times then the door shall be clearly marked on both sides with a sign bearing the words "FIRE DOOR KEEP CLOSED" in block letters not less than 50mm high and clearly visible when the premises are open to the public.
Any door or gate in the premises which is not an exit door or gate shall have a sign bearing the word "PRIVATE" in block letters not less than 50 mm high.
Any chain, padlock or any other device used to lock an exit door when the premises are not in use shall be removed and stored when the premises are open to the public.
The furniture or seating in the premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.
Where any furnishing or fitting in the premises including wall, floor and ceiling linings requires further periodic treatment to maintain the surface spread of flame qualities, they shall be treated in accordance with the manufacturers specifications.
No curtain, hanging or any other decoration shall be positioned so as to obstruct any exit, sign or fire fighting equipment.
Notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.
A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may affect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and guiding them to the fire.
Any outbreak of fire of any kind shall be reported to the Fire Service immediately.
Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.
There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
When the public are present, the lighting levels in all parts of the premises shall be capable of providing sufficient illumination for them to leave the premises safely. The lighting level shall be maintained by an emergency lighting system which shall automatically operate when the electricity supply to the main lighting is interrupted.
The premises shall be provided with adequate lavatory accommodation which shall, at all times, when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.
No explosive, liquefied petroleum gas or any other highly flammable materials shall be used or stored on the premises unless notified to the Licensing Authority and is used in accordance any guidance given by Lancashire Fire Service.
No pyrotechnics including fireworks shall be used or stored at the premises unless notified to the Licensing Authority and they are used in accordance with any guidance given by Lancashire Fire Service.
No dry ice machines or cryogenic fog, smoke machines or fog generators shall be used at the premises unless notified to the Licensing Authority and used in accordance any guidance given by Lancashire Fire Service.
Lasers shall only be used on the premises in accordance with the requirements for the safe use of lasers as set down in the HSE Guide, The Radiation of Safety Lasers Used for Display Purposes [HS (G) 95] and BS 60825: Safety of Laser products British Standard 4803: part 3.
No strobe light shall be used in the premises unless a notice which can be clearly seen and easily read warning that strobe lights are in use in the premises is displayed at each entrance to the premises.
No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.
Refuse, such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.
No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises.
There shall be in place for the premises a policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy shall require any person who appears to be under the age of 21 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence or passport indicating that they are over 18 years of age.
A notice or notices shall be displayed on the premises where they can be clearly 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.
Accompanied children under 16 shall be permitted in the bar areas in line with the provisions of the Licensing Act 2003.
Annex 3 - Conditions attached after a hearing by the Licensing Authority
All staff shall receive received 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 upon request.
Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (who’s identity shall be known to all other staff engaged in the supply of alcohol) except in the case of emergency.
Only toughened glass vessels are used to dispense beer to customers.
The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ initiative, as are relevant to those premises, and indicated in the associated leaflet.
The maximum number of persons allowed in the
Bar and lounge areas shall be restricted to 70
Restaurant shall be restricted to 110
Ballroom/Banqueting shall be restricted to 100
Leisure centre café/bar shall be restricted to 30
Annex 4 - Plans
See attached plan referenced FYPL 0079.
This licence does not restrict the consumption of alcohol to any specific area of the premises and any reference to such restrictions on the plan attached and referenced FY PL0079 shall have no effect.