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 - CONDTIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 The consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
2.2 Any person selling or supplying alcoholic drink under the authority of a personal licence holder shall ask for photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.
2.3 Regular reviews of safety policies and training of staff shall be undertaken to ensure that they are familiar with all policies and the requirement to implement the same.
2.4 Video/CCTV equipment shall be installed inside and outside the premises and shall ensure that it is maintained in working order and shall ensure that the CCTV equipment records from the time that the premises open to the public until the premises close and all members of the public have left.
2.5 Notices shall be on display advising that CCTV has been installed on the premises and they shall be clearly visible to the public within the licensed premises.
2.6 Records shall be kept of any crime or disorder incidents and where sales of alcohol have been refused.
2.7 Adequate staffing shall be provided so that at busy times staff are regularly checking all areas of the licensed premises including toilets and other areas that are not easily visible from the bar.
2.8 All appropriate Health and Safety and Fire Safety requirements shall be adhered to.
2.9 There shall be sufficient staff, adequately trained, to provide for any public safety issues.
2.10 Doors and windows shall be shut where appropriate and keeping ventilation equipment in good order.
2.11 Customers shall be requested to respect the premises’ neighbours and leave quietly.
2.12 Staff shall be trained to identify and monitor any issues relating to public nuisance and to take appropriate steps to minimise the same.
2.13 There shall be sufficient members of staff to ensure that children are protected from harm by identifying the presence of children and closely monitoring their safety.
2.14 Any matters of concern shall be reported to a Manager immediately and consideration will be given as to what steps need to be taken to report any safeguarding issues.
ANNEX 3 - CONDITONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 There shall be no live entertainment, recorded music or live music to the external licensed area.
3.2 No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
3.3 Refuse such as bottles shall be disposed of in any external area of the premises at a time when it is not likely to cause a disturbance to sensitive premises/shall not be disposed of between the hours of 18.00- 08.00.
3.4 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 log book 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.
3.5 There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or members and their guests), notices requiring customers to leave the premises and the area quietly (this may also include a reference to vehicles).
3.6 The use of any outdoor areas shall cease at 22.00. 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.
3.7 Noise from regulated entertainment at the licensed premises shall not exceed the background noise level when measured as an LAeq,5min in any one third octave band at the boundary with any noise sensitive premises.
3.8 The primary purpose of the premises shall be that of a restaurant/bistro/café serving food. Food shall be available at all times alcohol is supplied on the premises.
3.9 The provision of food, including full meals and snacks shall form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment. Seating inside the premises shall be provided for at least 70% of the capacity as determined by a risk assessment.
3.10 A Challenge 25 proof of age policy shall be implemented and adhered to. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
• A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).
• Photo driving licence.
• Passport.
• Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.
If no suitable identification is provided the sale of alcohol shall be refused.
3.11 All staff shall receive suitable training in relation to the proof of age scheme. Refresher training on underage sales shall be provided to staff every three to six months. Records to evidence this shall be made available to an authorised officer upon request.
3.12 CCTV shall be installed internally at the premises and shall comply with the following:
• The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance and bar areas shall be covered by the system. The shall incorporate a camera covering each of the entrance doors and shall be capable of providing an image which is regarded as identification standard.
• The system shall display on any recording the correct time and date of the recording.
• Digital recordings shall be held for a minimum of 21 days after the recording is made and shall be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
3.13 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.14 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
3.15 An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
3.16 Security/staff arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular documented checks of toilets.
3.17 The premises licence holder shall risk assess the need for door supervisors at the premises and shall employ door supervisors and at such times as deemed necessary by the risk assessment.
3.18 In the outside area customers consuming alcohol shall be seated. Any removable furniture shall be removed no longer than 30 minutes after the outside area as closed.
ANNEX 4 - PLANS
See attached plan referenced FY PL0474