Annex 1 - Mandatory Conditions
1.1 No supply of alcohol may be made under the premises licence:-
(a) at a time when there is no designated premises supervisor in respect of the premises licence,
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 supply of alcohol under the premises 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(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 No irresponsible sales promotions of alcoholic beverages shall be offered to customers.
2.2 No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public.
2.3 A sign shall be displayed on the premises indicating the standard hours during which the sale of alcohol is permitted.
2.4 All fire doors shall be maintained effectively, self closing and shall not be held open other than by approved devices.
2.5 Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summoned, are to be prominently displayed.
2.6 No regulated entertainment of any type shall take place outside the premises in any areas which are within the licence holder’s control after 22:00 hours save for any special event seven days’ notice of which has been given to the licensing authority and the police.
2.7 When amplified musical entertainment is taking place inside the premises after 22:00 hours windows and doors, save for entrance and exit purposes, shall be kept shut.
2.8 A sign shall be located at the exit(s) requesting that customers leaving the premises do so quietly and with consideration to neighbours.
2.9 No one under the age of 16 shall be allowed to enter or remain on the premises after 22:00 hours save on Christmas Eve and New Years Eve.
2.10 Anyone who appears to be under the age of 18 and who is attempting to buy alcohol must be required to produce proof of age before such a sale is made.
2.11 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.
2.12 The premises shall be operated in participation with the ‘Pubwatch’ scheme (radio link if applicable).
2.13 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.
2.14 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.
2.15 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.
2.16 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.
2.17 Only toughened glass vessels shall be used to dispense beer to customers.
2.18 At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (who’s identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
2.19 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.
2.20 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.
2.21 The premises shall maintain a drinks pricing policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.
2.22 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
2.23 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.24 Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
2.25 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.
2.26 The volume of amplified sound used in connection with entertainment shall at all times be under the control of the licensee or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.27 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
3.1 CCTV will be installed internally and externally at the premises and will be compliant with Data Protection legislation and comply with the following:-
3.2 The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
3.3 The system will display on any recording the correct time and date of the recording.
3.4 The system will make recordings during all hours the premises are open to the public.
3.5 VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
3.6 The system will, 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 will be on the premises at all times the premises are open to the public. This staff member will be able to show recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
3.8 The Licence Holder or DPS 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.
3.9 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular documented checks of toilet areas are conducted.
3.10 An incident book shall be maintained, in which shall be recorded:
a) All incidents of crime and disorder
b) Refused sales to 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.
Annex 4 - Plans
See attached plan referenced FYPL 0318