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 admission of children under the age of 18 to film or video exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by
(a) The British Board of Film Classification (BBFC) where the film has been classified by that Board, or The Licensing Authority where no classification certificate has been granted by the BBFC or where the licensing authority has notified the licence holder that section 20 (3) (b) of the Licensing Act 2003 applies to the film
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 - CONDTIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 CCTV shall be installed, operated and fully maintained at all times; images shall be retained for at least 28 days and be produced on request of any Responsible Authority. The CCTV shall be operational at all times whilst the premises are trading.
2.2 Warning notices shall be displayed in public areas of the premises advising that CCTV in operation.
2.3 A refusals register shall be maintained at all times, and shall be checked and signed off by the DPS at the end of each week. The refusals register shall be made available for inspection by any Responsible Authority, upon reasonable request.
2.4 The Premises Licence Holder/DPS shall carry out pre-opening checks of the restaurant, to ensure that there are no risks to patrons and that all safety precautions are in place.
2.5 The Premises Licence Holder shall ensure that all staff receive appropriate training in the Licensing Act 2003.
2.6 The Premises Licence Holder shall ensure that all staff are aware of their social and legal obligations as well as their responsibilities regarding the sale of alcohol.
2.7 All safety certificates and inspection reports shall be kept on site and made available to officers of relevant statutory bodies.
2.8 The premises shall comply with all food safety <https://www.medway.gov.uk/info/200175/health_and_safety/422/food_safety_inspections> regulations and the staff involved in food preparation shall be appropriately trained.
2.9 The Premises Licence Holder shall ensure that the disturbance caused to the general public is kept to a minimum, signage shall placed in a prominent place asking customers to respect neighbours.
2.10 All doors and windows shall remain closed if/when music is played, other than for access and egress.
2.11 The premises staff shall ensure that the frontage of the restaurant is checked regularly for litter and rubbish, clearing any debris away.
2.12 A challenge 25 policy shall be in place and only recognised forms of ID shall be accepted. {PASS accredited ID, passport or photo driving licence}.
ANNEX 3 - CONDITONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 There shall be in place for the premises a written policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy shall require any customer who appears to look under the age of 25 to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or a photo driving licence or passport indicating that they are over 18 years of age, or any other nationally approved ID.
3.2 Off sales from the premises shall be in sealed containers only. Any unfinished bottles of wine must be recorked before being taken away from the premises.
3.3 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.4 Staff shall ensure that patrons do not consume food or drinks in any external area after 10pm.
3.5 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.
3.6 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. All staff are to receive regular refresher training at intervals of a maximum of six months.
3.7 A notice shall be displayed where it can be clearly seen and read warning that it is unlawful for persons under 18 to purchase alcohol and for any person to purchase alcohol on behalf of a person under 18 years of age.
In relation to alcohol delivery:
3.8 Delivery drivers shall require a signature from a person aged 18 or over before delivering goods. Proof of age will be required. This condition shall not apply where this would be detrimental to public health (i.e. during a coronavirus pandemic).
3.9 All deliveries must be accepted by an individual in person (i.e. not left in a safe place or unsigned for).
3.10 A record of all transactions shall be maintained. The transactions record shall contain the name, address, details of the order along with the requested time of the order. This shall be documented and available for inspection to Police officers or other authorised persons.
3.11 No alcohol shall be delivered to any person who the driver considers to be intoxicated.
ANNEX 4 - PLANS
See attached plan ref FY PL0448