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 The premises shall not be operated in accordance with Premises Licence FY PL0247 until such time as the premises comply with the requirements of Building Regulations and with the reasonable requirements of the Fire Officer in so far as they relate to the licensing objectives.
2.2 The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.
2.3 No member of staff shall sell alcohol unless they hold a current personal licence or have been authorised to do so by the Designated Premises Supervisor or other personal licence holder who is satisfied as to their competence to make such sales.
2.4 The premises shall be operated in accordance with the principles outlined by the “Nightsafe” initiative, in so far as they are relevant to the premises.
2.5 There shall be no drinks promotions that allow unlimited supply of alcohol for a set price.
2.6 The provision of food, including full meals and snacks shall form a substantial element of the operation of the premises.
2.7 Hot drinks, soft drinks and non-alcoholic drinks shall be available, as an alternative to alcohol, at all times.
2.8 The maximum number of persons allowed within the premises shall be 60 persons, and the outdoor seating area in front of the building shall be restricted to a maximum of 40 persons.
2.9 Adequate provision shall be made to prevent unauthorised access to the storage of empty bottles.
2.10 Glasses shall be progressively replaced with those of toughened glass and such toughened glass shall be used at the premises where available.
2.11 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises and outdoor seating area.
2.12 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.13 Whenever the premises are open after midnight, patrons shall be reminded of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents.
2.14 Adequate first aid provision shall be available at all times.
2.15 The premises shall be provided with adequate lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.
2.16 The primary means of entertainment at the premises shall be by means of recorded music which shall generally be maintained at a low level to suit the ambience of the venue. It shall not be piped to the outdoor seating area.
2.17 No nuisance shall be caused by noise coming from the premises or vibration transmitted through the structure of the premises.
2.18 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.
2.19 There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
2.20 The immediate vicinity of the premises shall be regularly checked and any dropped litter or spilled food shall be collected and removed.
2.21 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents when leaving the premises late at night shall be displayed on the premises.
2.22 There shall be in place for the premises a policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy will require any person who appears to be under the age of 21 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence or passport indicating that they are over 18 years of age.
2.23 All staff shall receive appropriate 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.
2.24 A notice or notices shall be displayed in the premises where they can be clearly seen and read and will indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
2.25 Accompanied children under 16 may be permitted in the bar area in line with the provisions of the Licensing Act 2003.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 CCTV shall be installed internally and externally at the premises and shall comply with the following
a) 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 with the exception of the toilets. The system shall incorporate a camera covering each of the entrance doors and shall be capable of providing an image which is regarded as identification standard.
b) The system shall display on any recording the correct time and date of the recording.
c) The system shall make recordings during all hours the premises are open to the public.
d) Digital recording shall be held for a minimum of 28 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.
e) The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.2 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.
3.3 The Licence Holder 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.
3.4 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.5 Annual documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Licence Holder to ensure that the system is in good working order and fit for purpose.
3.6 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment. As a minimum, one member of door staff is to be employed at the venue on Friday and Saturday evenings from 2100 hours until close of business and an additional member from 2330 to close of business.
3.7 A maximum of 40 chairs shall be in the external area at any given time.
3.8 Patrons shall not be permitted to consume drinks outside after 2100 each night between the last Sunday of October and the last Sunday of March or after 2200 at other times. Signs shall be displayed in prominent positions warning customers that they will not be permitted to eat or drink in the external areas after these times.
3.9 In the outside area, the supply of intoxicating liquor shall be by waiter/waitress service only and only to persons seated at tables.
3.10 All tables and chairs in the outside area shall be stacked and removed promptly and in any event no more than 30 minutes after the time at which patrons are no longer permitted to consume drinks in the area.
3.11 Any customer of “bad character” by virtue of unspent violent or drug offences (whether committed on the premises or not) and properly identified to the DPS in writing by the Police shall be removed from the premises at the request and with the assistance of the Police and excluded from the premises.
3.12 A record must be kept on the premises of every person employed at the premises as a door supervisor. The record must contain the following information:
a) Name and address
b) Date of birth
c) SIA Licence number
d) Time duty commenced and time duty terminated.
Said records must be made available for inspection upon demand by a Police Officer, responsible authority or authorised person.
3.13 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) 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 of our discovery of drugs
The incident book will be available for inspection by a Police Officer, responsible authority or authorised person.
3.14 The Premises Licence Holder must ensure that staff monitor and adequately manage any queue that forms to gain entry to the premises.
3.15 The premises shall be operated in participation of the local Pubwatch scheme.
3.16 No customers shall be admitted to the premises after 00.30 each night. For the avoidance of doubt, this condition shall not apply to those customers who were on the premises prior to 00.30, and who exited the premises for the purpose of smoking.
ANNEX 4 - PLANS
See attached plan referenced FY PL0247.