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 To promote all four licensing objectives the Premises Licence Holder shall keep:
a Strong management controls and effective training of all staff so that they are aware of the premises licence and the requirements to promote the four licensing objectives with particular attention to:
i) No selling of alcohol to underage people
ii) No drunk or disorderly behaviour allowed on the premises area
iii) Vigilance in preventing the use and sale of illegal drugs at the retail area
iv) Violence and anti-social behavior
v) Protection of Children from Harm
2.2 There shall be a clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.
2.3 There shall be security on site daily from no later than 6.00pm through the night.
2.4 Clear and conspicuous notices shall be displayed warning of potential criminal activity that may target customers, such as theft.
2.5 Alcohol shall not be sold to drunk or intoxicated customers.
2.6 Custom shall not be sought by means of personal solicitation outside or in the vicinity of the premises.
2.7 Staff shall be vigilant in preventing illegal drug use at the retail unit area.
2.8 Staff shall be well trained in asking customers to use premises in an orderly and respectful manner.
2.9 The Premises Licence holder shall operate a Challenge 25 policy at the premises whereby 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. Photo driving licence
ii. Passport
iii. Proof of Age Standards Scheme card.
iv. UK armed forces military ID
2.10 All staff are to have received 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 shall be made available to an authorised officer upon request.
2.11 Risk assessments carried out by or behalf of the licence holder which relate to a licensing objective shall be available for inspection by an authorised officer.
2.12 An incident recording system shall be maintained in which shall be recorded:-
i. All incidents of crime and disorder
ii. Refused sales to suspected under-age and drunken persons
iii. A record of any person asked to leave the premises or removed from the premises
iv. Details of occasions on which the police are called to the premises
v. A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion
Written records from the system shall be available for inspection by a police officer.
2.13 Security arrangements are sufficient to discourage the sale ad consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
2.14 Any person who appears to be intoxicated or who is behaving in a disorderly manner shall not be allowed entry to the venue. Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner shall be give care and consideration in leaving the venue.
2.15 All staff are to have received suitable training with regard to serving drunks. All staff are to received regular refresher training at intervals of a maximum of six months. Records to evidence this shall be made available to an authorised officer upon request.
2.16 At least one personal licence holder shall be contactable while the sale or supply 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.
2.17 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.
2.18 No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.
2.19 No drink shall 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.
2.20 All internal doors to any entrance/exit points, fire exit doors and external windows shall be closed during hours of any regulated entertainment except in the event of an emergency, save for the purpose of access and egress.
2.21 An authorisation of sales, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
2.22 Internal and external lighting shall be fixed to promote the public safety objective.
2.23 Staff shall be trained in adherence to Environmental Health requirements.
2.24 There shall be training and implementation of underage ID checks
2.25 A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made. The log book shall be kept available for inspection when required by persons authorized by the Licensing Act 2003 or associated legislation.
2.26 All parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air conditioning, sanitary accommodation and other installations shall be maintained at all times in good order and in a safe condition.
2.27 There shall be noise reduction measures to address the public nuisance objective.
2.28 Prominent, clear and legible notices shall be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
2.29 Deliveries of goods necessary for the operation of the business shall be carried out at such a time and in such a manner as to prevent nuisance and disturbance to nearby residents.
2.30 The Premises Licence Holder shall ensure that staff who arrive early morning or depart late at night (eg for cleaning, security, closing down supervisors) when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.
2.31 Customers shall be asked not to stand in street talking loudly outside the premises.
2.32 The movement of bins and rubbish outside the premises shall be kept to a minimum after 11.00pm in order to reduce the levels of noise produced by the premises.
2.33 Adequate waste receptacles for use by customers shall be provided in the local vicinity.
2.34 Doors and windows shall be closed when regulated entertainment is taking place, except for access and egress.
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 CCTV shall be installed internally in Churchill’s function room and Milano’s and shall comply with the following:
a. The CCTV system shall 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 display on any recording the correct time and date of the recording.
d. The system shall make recordings during all hours that the premises are open to the public. The recording shall be held for a minimum of 28 days after the recording is made and shall be made available to the police or any authorised persons acting for a responsible authority for inspection upon request.
e. The system shall, as a minimum, record image of the head and shoulders of all persons entering the premises.
A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the premises are open to the public. This staff member shall be able to show police recent data or footage with the absolute minimum of delay, when requested.
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 reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
3.2 SIA registered doorstaff shall be employed at the premises, in accordance with a risk assessment to be carried out by the DPS or premises licence holder.
ANNEX 4 - PLANS
See attached plan reference FY PL 0386