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 CCTV shall be installed in the shop area, on the mezzanine and also within the distillery and warehouse.
2.2 A Challenge 25 policy shall be advertised and enforced.
2.3 In respect of sales through the website there shall be in place a written policy to prevent the sale or supply of alcohol to persons under the age of 18. That policy shall require any customer making purchases through the website to make payments using a credit card.
2.4 Events held on the mezzanine shall normally be pre-booked or ticketed events and shall be limited by the size of the space available.
2.5 The distillery and tasting room shall not open to members of the public on a regular basis. There shall be occasional ‘Open Days’ but most events shall be private and pre-booked.
2.6 Risk assessments shall be carried out to determine whether additional security personnel shall be needed.
2.7 Access to the distillery and warehouse shall be prohibited unless part of an accompanied tour.
2.8 Notices reminding our customers to respect our neighbours when leaving the site shall be displayed at the exit.
2.9 Appropriate security measures (CCTV, security gates, alarm system) shall be in place before trading commences.
2.10 Irresponsible drinks promotions shall not be permitted.
2.11 Appropriate fire safety regulations and precautions shall be in place.
2.12 A full risk assessment of other matters relating to the health and safety of patrons shall be carried out and reviewed regularly.
2.13 First aid equipment and materials shall be kept on the premises.
2.14 Driving to events in the distillery shall be actively discouraged and Taxi numbers shall be prominently displayed.
2.15 Any music being played shall be at a level so that it does not cause a nuisance to the nearest residential neighbours.
2.16 Bins shall be provided at any event utilising the forecourt area and rubbish removed promptly.
2.17 No one under the age of 18 shall attend any event at the distillery.
2.18 Members of the public purchasing alcohol online via the distance selling regulations shall be required to state that they are over the age of 18 before entering the website.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 A documented Challenge 25 Scheme (aka Check 25) shall be the adopted Age Verification Policy. The Challenge 25 Scheme shall be actively promoted and advertised at the premises. Any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over. Failure to supply such identification shall result in no sale or supply of alcohol to that person.
Acceptable forms of identification shall be:
A PASS accredited hologram proof of age card
Photo driving licence
Passport
National, including EU Cards
Any electronic or biometric age verification technology approved by the licensing authority.
3.2 At commencement of employment all members of staff must undergo training in relation to the Check 25 policy. All staff must undergo refresher training at least every 6 months. All training must be held in writing at the premises for at least 12 months and made available for inspection to Responsible Authorities upon request.
3.3 “Challenge 25” posters shall be displayed in prominent positions at the premises.
3.4 All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency or for the purpose of access and egress.
3.5 The licence holder, Designated Premises Supervisor or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to any sensitive premises. A written record shall be made of those assessments in a logbook kept for that purpose and shall include, the time and date of the checks, the person making them and the results, including any remedial action.
3.6 CCTV shall be installed internally and externally covering the public areas of the premises and shall comply with the following criteria:
a) The CCTV shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises, with the exception of the toilets, shall be covered by the system;
b) The system shall display on any recording the correct time and date of the recording;
c) The system shall be recording during all hours the premises is open to the public;
d) Digital recording shall be held for a minimum of 21 days after the recording is made and shall be made available to the Police 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 on the premises at all times the premises are open to the public. This staff member shall be able to show and reproduce recent data or footage with the absolute minimum of delay when requested by police.
3.8 The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV or radio system is to be inoperative for a period of one working day and shall provide a certificate from a competent person stating reasons for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
3.9 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.10 An incident book shall be maintained in which there shall be recorded:
All incidents of crime and disorder
Refused sales to suspected under-age and drunken persons.
A record of any person asked to leave the premises.
Details of occasions on which the police are called to the premises.
A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion.
The book shall be available for inspection by a Police officer or authorised person upon request.
3.11 Delivery drivers shall require a signature from a person aged 18 or over before delivering goods. Proof of age shall be required.
3.12 All deliveries must be accepted by an individual in person (i.e. not left in a safe place or unsigned for).
3.13 No alcohol shall be delivered to any person who the driver considers to be intoxicated.
3.14 Delivery shall be refused to people who are known by staff to cause trouble, or for potential anti-social behaviour.
3.15 There shall be no direct sales of alcohol from the delivery vehicle.
3.16 Off sales from the premises shall be in sealed containers only.
3.17 At least one Personal Licence holder shall be contactable while the supply of alcohol is being undertaken. The identity of the respective Personal Licence holder shall be known to all other staff engaged in the supply of alcohol.
ANNEX 4 - PLANS
See attached plan ref FY PL0542