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 A full CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally.
2.2 Recorded CCTV images shall be maintained and stored for a period of twenty-eight days and shall be produced to the Police or Licensing Authority upon request.
2.3 CCTV shall be in operation at any time a person is in the premises. Where CCTV is recorded onto a hard drive system a hard drive system, any DVDs subsequently produced shall be in a format so it can be played back on a standard PC or DVD player.
2.4 Any person left in charge of the premises shall be trained in the use of any such CCTV equipment, and shall be able to produce CCTV images to an officer from a responsible authority upon request.
2.5 SIA registered door staff shall be employed at the premises, in accordance with a risk assessment, to be carried out by the DPS. When employed door staff shall wear high visibility armbands.
2.6 When employed, a register of those door staff employed shall be maintained at the premises and shall include:
a. The number of door staff on duty
b. The identity of each member of door staff
c. The times the door staff are on duty.
2.7 Open containers of alcohol shall not be removed from the premises, save for consumption in any delineated external area as shown on the plan attached to the licence.
2.8 Staff shall be trained in the laws relating to under age sales, and that training shall be documented and repeated at 6 monthly intervals.
2.9 A refusals book shall be maintained at the premises, and shall be made available to an officer of a responsible authority upon request.
2.10 A first aid box shall be available at the premises at all times.
2.11 Regular safety checks shall be carried out by staff.
2.12 Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.
2.13 The premises shall maintain an incident log and public liability insurance.
2.14 Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
2.15 The exterior of the building shall be cleared of litter at regular intervals.
2.16 Notices shall be positioned at the exits to the building requesting customers to leave in a quiet manner.
2.17 Doors and windows at the premises shall remain closed after 10pm, save for access and egress.
2.18 The emptying of bins into skips, and refuse collections shall not take place between 11pm and 7am.
2.19 No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
2.20 Any outside area used by customers wishing to dine, drink or smoke shall be clearly delineated and covered by the CCTV system which shall be installed at the premises.
2.21 The outside area shall be monitored by staff or door staff at all times it is in use.
2.22 The outside area shall be cleaned regularly.
2.23 Suitable receptacles shall be provided for smokers to dispose of cigarette butts.
2.24 Signs shall be displayed in the area requesting customers keep noise to a minimum.
2.25 Patrons who disregard signage and verbal instructions regarding noise shall be asked to move inside and/or leave the premises.
2.26 Open containers of alcohol shall not be permitted to be taken beyond the boundary of the outside area.
2.27 At the end of the evening management and staff shall assist with the orderly and gradual dispersal of patrons.
2.28 Staff Members (including door personnel when employed) shall advise patrons to leave the premises quickly and quietly out of respect for our neighbours.
2.29 Notices shall be displayed requesting our customers to leave quietly and in an orderly manner out of consideration to neighbours and their attention shall be drawn to these notices by members of staff.
2.30 Staff shall ensure the removal of all bottles and drinking receptacles from any patron before exiting the premises (this does not apply in the case of consumption in any delineated external drinking area.)
2.31 Staff shall actively discourage our customers from assembling outside the premises at the end of the evening.
2.32 The provision of food, including full meals and snacks shall 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 shall not become a high volume, vertical drinking establishment.
2.33 Whenever licensable activities are available at the premises a waiter/waitress service shall be available.
2.34 At least one personal licence holder shall be contactable 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.
2.35 Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity shall be known by all other staff when such absence occurs.
2.36 No customers shall 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.
2.37 A drugs prevention strategy for the premises shall be developed and applied to include any reasonable recommendations of Lancashire Constabulary.
2.38 Security/staff arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
2.39 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.40 Confiscated and found drugs shall be stored and transferred to the Police in accordance with procedures agreed with the Lancashire Constabulary.
2.41 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.
2.42 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.
2.43 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 shall be made available to an authorised officer upon request.
2.44 Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner shall be asked to leave the premises and shall be escorted off the premises in a calm and appropriate manner.
2.45 The Licence Holder and Premises Supervisor shall ensure that 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.
2.46 No entertainment of an adult or sexual nature shall take place on the premises.
2.47 The departure of customers from the premises shall be effectively managed by staff who shall request patrons to leave quietly and to avoid causing noise, nuisance or disturbance in the area.
2.48 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.
2.49 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. A recognised proof of age card accredited under the British Retail Consortium's Proof of Age Standards Scheme (PASS)
ii. Photo driving licence
iii. Citizen card supported by the Home Office
iv. 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 shall be refused.
2.50 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 shall be made available to an authorised officer upon request.
2.51 Suitable signage shall be displayed to specify that a Challenge 25 Policy is in place.
2.52 Children under 16 shall vacate the premises by 2200 unless partaking in a meal or family function.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The primary purpose of the premises shall be that of a restaurant/bistro/café serving food, with additional occasional use for pre-arranged events and functions. The sale of alcohol shall be ancillary to these uses.
3.2 Seating inside the premises shall be provided for at least 70% of the total maximum capacity of the premises as determined by a risk assessment.
3.3 Whenever licensable activities are available at the premises, a waiter/waitress service shall be available.
3.4 The outside area shall be used only for the consumption of food or drink and shall not be so used after 23:00
ANNEX 4 - PLANS
See attached plan referenced FY PL0394