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 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:
) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
) the sale of alcohol to a trader or club for the purposes of the trade or club;
) 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;
) the taking of alcohol from the premises by a person residing there; or
) 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
) 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.
1.4 The terms, conditions and restrictions detailed in the Fylde Borough Council Places of Public Entertainment, Conditions of Licence (Second Schedule) and attached to this licence must be adhered to all times that regulated entertainment takes place at the premises.
1.5 The maximum number of persons permitted in the premises will be 200 persons.
1.6 Noise levels from entertainment’s shall not exceed 33dB LA eq: (5 minutes) when measured at any point on the boundary of any residential property.
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.
A responsible person is defined in S153(4) of the Licensing Act 2003 as:
(a) in relation to licensed premises-
(i) the holder of a premises licence in respect of the premises,
(ii) the designated premises supervisor (if any) under such a licence, or
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,
(b) 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 him to prevent the supply in question.
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(a);
(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(b).
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 The style and operation of the premises shall not differ significantly from that of a pub.
2.2 Soft drinks and non-alcoholic refreshment shall be available.
2.3 The premises shall be operated in accordance with the principles of responsible drinking.
2.4 Whenever door staff are used at the premises, they shall be Security Industry authority (SIA) approved and shall operate in accordance with the security industry guidelines.
2.5 A zero tolerance policy towards illegal drugs shall be enforced at all times within the premises.
2.6 Whenever a disc jockey is used on any night, then he/she shall ask customers to leave the premises quietly.
2.7 If a CCTV system is installed at the premises, it shall be operated during all hours of trading and appropriate notices shall be displayed.
2.8 All instances of crime and disorder shall be reported to the police and shall be kept in an incident logbook.
2.9 Staff shall be given appropriate training in respect of public safety to the standards required by relevant legislation.
2.10 Whenever entertainment is being offered within the premises, additional patrols shall be undertaken by members of staff, internally and externally, to limit any noise pollution.
2.11 Appropriate notices will be displayed asking customers to respect neighbours when leaving the premises.
2.12 Where text pagers are in use at the premises, they shall be operated during all hours of trading and shall be monitored by a responsible member of staff.
2.13 Whenever the premises are open for an extended period between the cessation of the supply of alcohol and the closure of the premises, soft drinks and non-alcoholic refreshment shall be available.
2.14 Whenever children are allowed upon the premises, any entertainment offered within the premises shall be suitable for young persons.
2.15 Children shall be required to be supervised by the accompanying adult at all times.
Annex 3 - Conditions attached after a hearing by the licensing authority
3.1 All amplified music (bands etc) to finish no later than midnight exept on Christmas Eve and New Year’s Eve.
3.2 The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are relevant to those premises and indicated in the associated leaflet.
3.3 The premises shall be operated in participation with the ‘Pubwatch’ scheme (radio link if applicable).
3.4 All staff shall have 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.
3.5 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment and in accordance with the guidance under the ‘Nightsafe’ Scheme.
3.6 Appropriate measures shall be taken to ensure that staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
3.7 The premises shall be equipped with a closed circuit television system, which is appropriate to its purpose and is provided and maintained to the satisfaction of the enforcement authorities.
3.8 Only toughened glass vessels shall be used to dispense beverages to customers, where available.
3.9 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.
3.10 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.
3.11 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
3.12 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
3.13 Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
3.14 During the final hour of daily trading, appropriate announcements shall be made or images projected to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.
3.15 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.16 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
Annex 4 - Plans
See attached plan referenced FYPL 0199