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.
1.3 The admission of children under the age of 18 to film 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
b. 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
2.1 To promote all four licensing objectives the licence holder and designated premises supervisor shall keep strong management controls and effective training of all staff so they are aware of the premises licence and the requirements to meet the four licensing objectives with particular attention to:
a. No selling of alcohol to underage people.
b. No drunk and disorderly behaviour on the premises.
c. Vigilance in preventing the use and sale of illegal drugs on the premises.
d. No violent and anti-social behaviour
e. No harm to any children.
2.2 There will be an operating schedule providing the hours of operation and licensable activities during those hours.
2.3 The Designated Premises Supervisor shall be in day to day control of the premises. They shall provide training for staff on the licensing act and shall make or authorise each sale.
2.4 A roller metal exterior shutter shall be fixed to ensure that the premises is safe and secure during hours of closure.
2.5 There shall be a clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensing hours are permitted.
2.6 Alcohol shall not be sold to drunk or intoxicated customers.
2.7 Staff shall be trained in asking customers to use premises in an orderly and respectful manner.
2.8 Suitable internal and external lighting shall be fixed to promote the public safety objective.
2.9 A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made.
2.10 All parts of the premises and all fittings and apparatus therein, door fastening 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.
2.11 Prominent, clear and legible notices shall be displayed at all exits requesting members of the public to respect the needs of nearby residents and to leave the premises and area quietly.
2.12 Deliveries of goods necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
2.13 Customers shall be asked not to stand around talking loudly in the street outside the premises.
2.14 Customers shall not be admitted to the premises above opening hours.
2.15 The movement of bins and rubbish outside the premises shall be kept to a minimum after 11.00pm
2.16 Any lighting on the outside of the premises shall be positioned and screened in such a way so as to not cause a disturbance to nearby residents.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 Any person under the age of 16 shall be accompanied by a responsible adult and remains the responsibility of the accompanying adult at all times when using the premises. Members of staff shall not be in sole supervision of children.
3.2 On days of the week and during times that the venue is to be used as Aztex theatre school or for other similar use where there are persons under the age of 16 in attendance there shall be no provision of alcohol within the venue and the display of alcohol shall be covered up (e.g. Beer pumps shall be covered up, spirits removed/covered etc.) On these occasions condition 3.1 does not apply to the venue.
3.3 On occasions when the venue is to be used for stage shows relating specifically to Aztex theatre school or for similar use, condition 3.1 shall not apply however there shall at all times be a minimum of 1 personal licence holder behind the bar and the Designated Premises Supervisor must be on the premises.
3.4 Functions which specifically target young people aged 17-18 years (for example birthday parties) shall not be allowed to take place on the premises.
3.5 Door staff shall be utilised based on risk assessments. 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 a Responsible Authority.
3.6 CCTV shall be installed internally and externally at the premises and shall 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 shall be covered by the system. 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.
b. The system shall display on any recording the correct time and date of the recording.
c. The system shall make recordings during all hours the premises are open to the public.
d. VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively after the recording is made and shall be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
e. The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.7 A staff member who is conversant with the operation of the CCTV system shall be available to attend the premises within an hour if requested by Police. This staff member shall be able to show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be almost instantaneous.
3.8 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.9 Bi-annual documented maintenance checks of the CCTV system, including the recording system shall be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
3.10 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.11 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
3.12 All internal doors to any entrance/exit point, fire exit doors and external windows shall be closed during the hours of any regulated entertainment except in the event of an emergency, save for the purpose of access and egress.
3.13 Noise from any regulated entertainment shall be inaudible within the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.
3.14 An authorisation of sales, signed and dated by the DPS, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
3.15 At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
3.16 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 shall be made available to an authorised officer upon request.
3.17 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
3.18 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
3.19 Confiscated and found drugs shall be stored, disposed, and transferred in accordance with procedures agreed with the Lancashire Constabulary.
3.20 An incident book shall be maintained and kept on the premises, in which shall be recorded:
a. All incidents of crime and disorder.
b. Refused sales to suspected under age I drunken persons.
c. A record of any person refused admission or asked to leave the premises.
d. Details of occasions upon which the 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
3.21 No boxing machines shall be in operation in the premises.
3.22 For Boxing / Wrestling events, there shall be at least 1 SIA registered member of door staff on duty for every 100 customers attending the events and they shall be present inside the event area.
3.23 The local Police Licensing Department shall be informed in writing of any Boxing/Wrestling event 2 weeks prior to the event with a risk assessment and full details of the event.
3.24 No children under 16 shall be allowed to be present at any adult boxing/wrestling event and under 18s shall be accompanied by an adult.
ANNEX 4 - PLANS
See attached plan reference FY PL 0389