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.
ANNES 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 In the case of those restaurant areas of the ground and first floors edged red on the plan there shall be:
(1) Suitable non-alcoholic beverages, including drinking water, shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.
(2) The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.
2.2 No person under the age of fourteen shall be in the bar of the licensed premises during the permitted hours unless attending for the purpose of taking a table meal in the restaurant area and accompanied by an adult over the age of 18. In this condition, “bar” means the area edged blue on the plan.
2.3 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
2.4 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment and in accordance with the guidance under the Nightsafe Scheme. Such risk assessments shall be documented and kept on the premises and provided to the enforcement authorities on request.
2.5 Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective shall be available for inspection by the enforcement authorities.
2.6 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
2.7 A clear, legible and conspicuous notice requesting patrons not to smoke outside the premises and the frontage of the premises on Henry St and to avoid causing nuisance to local residents shall be displayed at every exit.
2.8 The Premises Licence Holder shall ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
2.9 The collection and disposal of waste/refuse shall not take place externally between the hours of 2200 and 0900 hours.
2.10 Meals and substantial refreshment shall be available at all times that the premises are open to the public.
2.11 Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity is known by all other staff when such absence occurs.
2.12 The licence holder and the DPS are to support and rigorously enforce the Challenge 21 Proof of Age policy. Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 21.
2.13 A refusals book shall be kept and maintained in the bar area.
2.14 All staff are to have received proof of age training and evidence of such training is to be maintained and be made available to the enforcement authorities on demand.
2.15 At any time the premises are open there shall be at least one person on duty and present at the reception area at the main entrance area to the premises.
2.16 At any time that regulated entertainment is taking place on the premises, all internal lobbied doors and external windows will be kept close except for the purposes of entering and leaving the premises or in the case of an emergency.
2.17 Noise from any regulated entertainment shall not exceed the background noise levels at the nearest sensitive premises.
2.18 Clear and conspicuous notices shall be displayed in the bar area of the premises indicating 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.
2.19 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 members of the public.
2.20 There shall be no drinks promotions that allow unlimited supply of alcohol for a set price.
2.21 The premises shall be operated in participation with the Pubwatch scheme.
2.22 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and such arrangements shall include regular checks of toilet areas.
2.23 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.24 Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
2.25 The capacity of the ground floor bar is 140.
2.26 Save for the main entrance to the premises, all windows and doors of the premises facing into Henry Street shall be closed at 2200 hours.
2.27 Subject to the terms of any Temporary Event Notice, entertainment in the ground floor bar shall be limited to a solo artist accompanied by an instrumentalist.
2.28 Seating and tables in the ground floor bar shall be set out in such a way as to avoid the area becoming a high volume vertical drinking establishment.
2.29 Save for emergency or in circumstances due to which the main, joint entrance to the premises is not usable, the central double door into the ground floor bar from Henry Street shall not be used as an entrance or exit.
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
3.1 At least one Personal Licence holder will be at the premises while the supply of alcohol is being undertaken. The identity of the respective Personal Licence holder will be known to all other staff engaged in the supply of alcohol.
3.2 A drugs prevention strategy for the venue shall be developed and applied. This strategy shall include arrangements for the location of posters and the distribution of other information relating to drug risks, the dangers associated with drugs and the legal provisions relating to drug use.
3.3 There shall be seating in the ground floor bar for 50% of the total capacity of that part of the premises.
3.4 Alcohol in the restaurant area is only to be served by waiter/ess service to customers seated at tables and as an ancillary to a meal.
3.5 The double front doors to Henry Street shall be closed no later than 2000 each day.
3.6 Substantial meals shall be available on the premises up until at least 9.30pm on a daily basis.
3.7 An incident book shall be maintained, in which shall be recorded:
a) all incidents of crime and disorder
b) Refused sales to suspect underage/drunken persons
c) A record of any person refused admission or asked to leave the premises
d) The use or discovery of drugs
e) The incident book shall be available for inspection by a Police officer or authorised person
3.8 CCTV shall be installed internally and externally at the premises and shall be compliant with Data Protection legislation and comply with 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. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
b) The system will display on any recording the correct time and date of the recording.
c) The system will make recordings during all hours the premises are open to the public.
d) VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively, after the recording is made and will be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
e) The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.9 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.
3.10 The Licence Holder or DPS 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.
3.11 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.12 Annually documented maintenance checks of the CCTV system, including the recording system shall be undertaken by the licence holder to ensure that the system is in good working order and fit for purpose.
3.13 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment. However, there shall always be on duty at least one door supervisor employed at the premises on Fridays and Saturdays and any Bank Holiday Sundays from 2100 hours and until close of business for that day.
3.16 Live amplified and entertainment shall cease by Midnight. Only background music shall be permitted after midnight.
ANNEX 4 - PLANS
See attached plan referenced FY PL0293