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 A CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally.
2.2 Recorded CCTV images shall be maintained and stored for a period of twenty-eight 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 shall be trained in the use of any such CCTV equipment, and shall be able to produce CCTV images to an officer from a responsible authority upon request.
2.5 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment. However, there shall always be at least two door supervisors employed at the premises on Fridays and Saturdays and any Bank Holiday Sundays from 22.00 hours and until close of business for that day.
2.6 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.
2.7 An incident book shall be maintained, in which shall be recorded
a. All incidents of crime and disorder
b. Refused sales to suspected under age / drunken persons
c. A record of 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 or discovery of drugs
The incident book shall be available for inspection by a Police Officer or authorised person.
2.8 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.
2.9 The following Search & Drug Policy shall be implemented to the reasonable satisfaction of Lancashire Constabulary and adhered to:
a. When employed, door staff shall monitor customers as they queue and enter the premises.
b. Random searches shall be carried out to deter customers from bringing drugs and/or offensive weapons onto the premises. The volume of searches shall depend on prevailing conditions, risk assessments and/or police advice.
c. Those displaying any signs of being under the influence of drugs shall be refused entry to the premises. If drugs of any sort are seized, the police shall be informed.
d. If weapons are seized or if anyone is reasonably suspect of carrying a weapon, the police shall be informed.
e. Door staff shall be vigilant to the fact that adapted articles can be used as weapons but can be more difficult to detect. If any such items (e.g. jewellery, belt buckles) give cause for concern, access to the premises shall be denied.
f. Self-sealed numbered bags shall be used to safely and securely store any drugs/weapons that are seized. Wherever possible, the bag shall be sealed and signed in the presence of the individual(s) from who they were seized.
g. All seizures shall be fully recorded by the CCTV system and will be entered into the premises’ incident log book.
h. No items whatsoever shall be permitted to be sold on the premises by any third party.
2.10 The premises shall become a member, and participate in the local PubWatch scheme.
2.11 Between 9am and 10am the sale of alcohol shall be ancillary to the consumption of a meal.
2.12 No person shall be permitted by the designated premises supervisor or persons acting under his/her authorisation to remove alcohol from the premises in an open container.
2.13 Persons under the age of 18 shall only be admitted onto the premises in the company of an adult. Except for pre-arranged private functions and ticketed events, children under 16 shall vacate the premises by 21:00 unless partaking in a meal or family function.
2.14 Security/staff arrangements will be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
2.15 Where there is reasonable suspicion that drugs are being carried, the licensee shall ensure that the outer clothing, pockets and bags of those entering the venue are searched by a trained staff member of the same sex.
2.16 Clearly visible notices, shall be displayed advising those attending that:
a) It is a condition of entry that customers agree to be searched and
b) Police will be informed if anyone is found in possession of controlled substances or weapons.
2.17 Records of incidents involving the use, and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.18 Confiscated and found drugs shall be transferred to the police in accordance with procedures agreed with Lancashire Constabulary.
2.19 No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.
2.20 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
2.21 Adequate first aid provision shall be available at all times on the premises.
2.22 Regular safety checks shall be carried out by staff.
2.23 Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.
2.24 The premises shall maintain an Incident Log and Public Liability Insurance.
2.25 Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
2.26 No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance.
2.27 The exterior of the building shall be cleared of litter at regular intervals.
2.28 Notices shall be positioned at the exits to the building requesting customers to leave in a quiet manner.
2.29 Doors and windows at the premises shall remain closed after 10pm, save for access and egress.
2.30 A Dispersal Policy shall be implemented and adhered to and shall be available for inspection by a Police Officer or authorised person.
2.31 A Smoking Policy shall be implemented and adhered to and shall be available for inspection by a Police Officer or authorised person.
2.32 The emptying of bins into skips, and refuse collections shall not take place between 11pm and 7am.
2.33 Staff shall monitor customers smoking outside the premises on a regular basis and ensure patrons do not cause a public nuisance.
2.34 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.
2.35 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 shall be given to a new member of staff before they commence employment and all staff shall receive refresher training every 6 months.
2.36 Notices advising what forms of ID are acceptable shall be displayed.
2.37 Notices shall 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
N/A
ANNEX 4 - PLANS
See attached plan ref FY PL0444