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 All persons employed at the premises to carry out a security activity shall be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or entitled to carry out that activity by virtue of section 4 of that Act.
2.2 The premises shall be equipped with a CCTV system that shall comply with the following criteria:-
(i) The system shall be maintained in proper working order
(ii) The system shall display on any recording the correct time and date of the recording.
(iii) The system shall be recording during all hours which the premises is open to the public and shall capture images on entry and egress to the premises.
(iv) Digital recordings shall be held for a minimum of 31 days after the recording is made and shall be made available to the Police for inspection upon request.
(v) The CCTV system shall comprehensively cover ALL public areas of the premises.
(vi) Recordings of any incidents at the premises shall be made secure for inspection by the Police.
(vii) The designated premises supervisor or the premise licence holder must be able to demonstrate that they have devised a recording management system that prevents recordings being tampered with, stolen, and misplaced or failure to record. Recording equipment shall be housed in a secure room/cabinet where access and operation is limited to authorised persons.
(viii) Arrangements for the repair of any malfunction in the system shall be made without delay.
(ix) An A4 size advisory sign indicating that CCTV is in operation in the premise shall be displayed
2.3 The DPS/Door staff shall ensure that patrons leave the venue quietly and a written dispersal policy shall be adhered to and utilised. Additionally, they should actively discourage patrons leaving the premise with bottles and glasses.
2.4 Amplified music and speech from the premises shall be not be played at volumes likely to cause disturbance to nearby residential and other occupied properties.
2.5 There shall be adequate supervision of the immediate vicinity to control both patrons visiting and leaving the premises.
2.6 Areas immediately outside all entrances and exits, and where customers congregate to smoke on the public highway must be kept clean, tidy and free from litter, especially in relation to discarded smoking materials. Suitable receptacles must be provided and regularly emptied in relation to cigarette butts and chewing gum.
2.7 Clear legible notices shall be displayed at entrances and exits requesting customers to respect the needs of residents and to leave the area quietly.
2.8 A “Challenge 25” policy shall be operated at the premises at all times.
2.9 The only forms of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo ID (that has been approved for acceptance by the police or other responsible authority).
2.10 Publicity materials notifying customers of the operation of the “Challenge 25” scheme shall be displayed at the premises.
2.11 The Designated Premises Supervisor or Premises Licence Holder shall operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which shall be made available for inspection by Local Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
2.12 A documented training programme shall be introduced for all staff in a position to sell, serve or deliver alcohol. The programme shall be made available for inspection at the request of Local Authority Officers and Police.
2.13 The DPS or Premises Licence Holder shall conduct six monthly training reviews with all members of staff authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record shall be kept of the content of such reviews.
2.14 Under 18’s events shall not take place without prior consultation with the Police and Local Authority Officers
2.15 Off sales from the premises shall be in sealed containers only. Any unfinished bottles of wine must be re-corked before being taken away from the premises.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING OF THE LICENSING AUTHORITY
3.1 All doors and windows including the sliding roof shall be closed during the performances of amplified entertainment.
3.2 All doors and windows, including the sliding roof, shall close from 23.00 on each night. All unenclosed external areas shall be closed to patrons after 23.00 except for access and egress.
3.3 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.
3.4 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.
3.5 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
3.6 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.7 Children under 16 shall vacate the premises by 2200 unless partaking in a meal or family function.
3.8 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.
3.9 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.
ANNEX 4 - PLANS
See attached plan FY PL0416