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 Staff shall be trained in the requirements of the Licensing Act 2003 with regard to the Licensing Objectives.
2.2 Recorded CCTV images shall be maintained and stored for a period of 28 days and shall be produced to the Police or Licensing Authority upon request.
2.3 CCTV shall be in operation at any time a person is in the premises. Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced shall be in a format so it can be played back on a standard PC or DVD player.
2.4 Any person left in charge of the premises must be trained in the use of any such CCTV equipment, and be able to produce CCTV images to an officer from a responsible authority upon request.
2.5 Plans indicating the position of CCTV cameras to be submitted to the Police prior to the premises opening.
2.6 SIA registered door staff shall be employed at the premises, in accordance with a risk assessment, to be carried out by the DPS. When employed, door staff shall wear high visibility armbands.
2.7 When employed, a register of those door staff employed shall be maintained at the premises and shall include:
(i) the number of door staff on duty;
(ii) the identity of each member of door staff;
(iii) the times the door staff are on duty.
2.8 Open containers of alcohol shall not be removed from the premises, save for consumption in any delineated external area.
2.9 Staff shall be trained in the laws relating to under age sales, and that training shall be documented and repeated at 6 monthly intervals.
2.10 A refusals book shall be maintained at the premises, and made available to an officer of a responsible authority upon request.
2.11 A first aid box shall be available at the premises at all times.
2.12 Regular safety checks shall be carried out by staff.
2.13 Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.
2.14 The premises shall maintain an Incident Log and public liability insurance.
2.15 Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
2.16 No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
2.17 The exterior of the building shall be cleared of litter at regular intervals.
2.18 Notices shall be positioned at the exits to the building requesting customers to leave in a quiet manner.
2.19 Doors and windows at the premises are to remain closed after 11pm, save for access and egress.
2.20 A Dispersal and Smoking Policy shall be implemented and adhered to (see attached).
2.21 A “Challenge 25” Policy shall be implemented in full and appropriate identification sought from any person who appears to be under the age of 25. The only acceptable forms of ID are photographic driving licences, passports, HM forces warrant cards, EU/EEA national ID card or similar document or a form of identification with the "PASS" hologram.
2.22 Staff training shall include the Challenge 25 Policy and its operation. In particular, staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18. The training must be given to a new member of staff before they commence employment and all staff must receive refresher training every 6 months.
2.23 Notices advising what forms of ID are acceptable must be displayed.
2.24 Notices must be displayed in prominent positions indicating that the Challenge 25 policy is in force.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 There shall be no live entertainment, recorded music or live music to the external licensed area.
3.2 The outside area must cease being used for all activities at 21.00. 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
3.3 No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
3.4 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 and not on Sunday.
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 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.
3.6 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).
3.7 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 when 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 total maximum capacity of the premises as determined by a risk assessment.
3.10 In the outside area, all customers consuming alcohol shall be seated.
3.11 All furniture in the outside area is to be either fixed or, if not fixed, to be removed from the outside no later than 22.30 hours.
ANNEX 4 - PLANS
See attached plans ref FY PL0487