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 licence holder shall operate and maintain a CCTV system which shall be in use during all times licensable activities are taking place at the premises and comply as follows:
a) The system shall cover all entrances and exits of the premises, in addition to covering areas of the premises used to store alcohol.
b) The focus of the camera(s) shall be so as to enable clear identification of persons on the premises.
c) The system shall be capable of time and date stamping recordings and retaining said recordings for at least 28 days.
d) A staff member who is conversant with the operation of the system shall be on the premises at all times it is open to the public. This staff member shall be able to show the Police recent data or footage with the absolute minimum of delay when requested.
e) The Designated Premises Supervisor shall inspect the CCTV system at least once a month to ensure it is working in accordance with the above conditions. Date and time of the inspections shall be recorded in a register and shall be made available to the Police and authorised officers on request.
2.2 Only persons who are 18 years of age and over shall be able to sell or supply alcohol. All such staff members shall receive training in relation to the sale of alcohol, age verification policy and relevant provisions of the Licensing Act 2003. Refresher training shall be provided every 12 months.
Records of this training shall be kept on the premises and shall be made available for inspection by the Police and authorised officers on request.
2.3 An incident book shall be kept and maintained on the premises which shalll be made available to the Police and/or authorised officers for inspection on request. It shall include the following:
Any violence or disorder on or immediately outside the premises
Any incident involving controlled drugs on the premises
Any other crime or criminal activity
Any call for Police assistance
Any first aid or other care given to a customer
2.4 A written record of all persons authorised to make sales of alcohol by the DPS shall be kept at the premises and shall be made available for inspection by the Police and authorised officers on request.
2.5 All food and drink for consumption on the premises shall be served by staff to customers seated except in any area reserved for waiting.
2.6 The curtilage of the premises shall be kept clean and tidy.
2.7 A Notice shall be displayed at the exit advising customers leaving the premises, to do so in a manner that shall not cause noise and disturbance to neighbours.
2.8 There shall be no excessive noise from plant and equipment that could disturb occupiers of premises within the vicinity.
2.9 A written age verification policy shall be operated at the premises. It shall be actively promoted and advertised at the premises and any person purchasing alcohol who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over. Failure to supply such identification shall result in no sale or supply of alcohol to that person.
2.10 The premises shall maintain a register of refusals to record details of incidents where a member of staff has refused to sell alcohol to a person suspected of being under 18 years of age and shall be available for inspection by the Police and authorised officers on request.
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 The primary use of the premises shall be that of a restaurant/bistro/café serving food, with additional use for pre-arranged events and functions. The sale of alcohol shall be ancillary to these uses.
3.2 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.
ANNEX 4 - PLANS
See attached plan ref FY PL0510