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 primary purpose of the business is a café / bistro with the sale of alcohol being ancillary to this.
2.2 The responsible person shall be diligent in complying with all laws and regulations and take sensible measures to ensure all four licensing objectives are met or exceeded.
2.3 CCTV system shall be installed and maintained training to staff shall be provided in relation to the prevent of crime and disorder.
2.4 A log shall be kept of any incidents and reported to the police. No alcohol sold shall be permitted to be consumed off the premises.
2.5 The Licence Holder shall enforce a policy of zero tolerance towards drugs.
2.6 The responsible person shall operate in accordance with all relevant legislation which promotes public safety including The Food Safety Act 1990, Health and Safety at Work Act, The Regulatory Reform (Fire Safety) Order 2005, and The Disability Discrimination Act 1995.
2.7 Adequate first aid provision shall be available at all times.
2.8 A clear legible notice requesting patrons avoid causing noise nuisance or disturbance to local residents shall be displayed.
2.9 The business shall be a sophisticated environment and is aimed to attract the more mature customers who simply wish to have a glass of wine or the like with their meal.
2.10 The Licence Holder shall also have an extensive range of no alcohol wine and beer.
ANNEX 3 - CONDITONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 A Challenge 25 proof of age policy shall be implemented and adhered to. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
a. A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).
b. Photo driving licence.
c. Passport.
d. Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.
3.2 If no suitable identification is provided the sale of alcohol to them shall be refused. Suitable signage shall be displayed to specify the Challenge 25 policy is in place.
3.3 All staff to have received suitable training in relation to the proof of age scheme. Refresher training on underage sales to be provided to all staff every six months. Records to evidence this shall be made available to an authorised officer upon request.
3.4 At least one personal licence holder shall be contactable while the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
3.5 Another member of staff shall be nominated to act for the DPS in their absence whose identity is known by all staff when such absence occurs.
3.6 An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
3.7 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.
3.8 CCTV shall be installed at the premises and shall comply with the following:
· The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary.
· The system shall incorporate a camera covering the entrance doors and shall be capable of providing an image which is regarded as identification standard.
· The system shall display on any recording the correct time and date of the recording.
· The system shall make recordings during all hours the premises are open to the public.
· Digital recordings 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.
ANNEX 4 - PLANS
See attached plan ref FY PL0517