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.
A responsible person is defined in S153(4) of the Licensing Act 2003 as:
(a) in relation to licensed premises-
(i) the holder of a premises licence in respect of the premises,
(ii) the designated premises supervisor (if any) under such a licence, or
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,
(b) 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 him to prevent the supply in question.
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(a);
(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(b).
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 shall be operated in participation with the ‘Pubwatch’ scheme.
2.2 The premises shall be equipped with a closed circuit television system, which is appropriate to its purpose and is provided and maintained to the satisfaction of the enforcement Authorities.
2.3 A suitable level of Illumination shall be provided to the car parks and external walkways of the premises.
2.4 The premises shall be operated in accordance with the principles of responsible drinking and no irresponsible sales promotions of alcoholic beverages shall be offered to customers.
2.5 All staff shall have received suitable training in relation to the proof of age scheme to be applied upon the premises, dealing with drunkenness and sensible drinking.
2.6 All house managers shall have received suitable training in relation to illegal activities and aggressive customers.
2.7 All staff shall have received suitable training in relation to communicating with customers refused service for drunkenness and no proof of ID.
2.8 The trading area of the premises shall be appropriately supervised by management, staff, glass collectors etc.
2.9 When regulated entertainment involving live performance is taking place on the premises all windows and external doors shall be kept shut, save for entrance and exit purposes.
2.10 No regulated entertainment shall be provided outside the building.
2.11 Clear and conspicuous notices, requesting patrons to avoid causing noise, nuisance or disturbance to local residents, when leaving, shall be erected and maintained in a prominent position at every exit.
2.12 Children shall only be permitted access to the dining area unless passing to or from another part of the premises
2.13 Children shall only be allowed access to the downstairs night club (Tiles) when attending a pre-arranged function.
2.14 No children shall be allowed access to any part of the premises after 22:00 hours on any day.
2.15 There shall be in place for the premises a policy to prevent the sale or supply of alcohol to persons under 18 years of age which requires any person who appears to be under the age of 21 years to produce a recognised documentation indicating that they are over 18 years of age.
Annex 3 - Conditions attached after a hearing by the licensing authority
3.1 At all times when recorded or amplified music is being provided in any part of the premises, such music shall be subject to an automatic noise limitation device, the device being set to cut off the sound if the volume reaches a pre-set level, such level to be to the reasonable satisfaction of the Fylde Borough Council’s Environmental Protection Officers.
3.2 The sound system in both The Crescent and The Tiles night club shall be designed so that on operation all sound reproduction equipment associated with the DJ area is automatically disconnected with the exception of a designated fire microphone which is in circuit and can be used for announcements and instructions relating to the fire.
3.3 Any modification to the Fire Alarm System caused by the proposed variation to the operation schedule shall be carried out in accordance with the respective current British Standard and on completion the system should be certified by the commissioning engineer as fully complying with that standard. The certificate should then be forwarded to Lancashire Fire and Rescue Service.
3.4 The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are relevant to those premises and indicated in the associated leaflet.
3.5 All staff shall have received suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this shall be made available to an authorised officer upon request.
3.6 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.
3.7 Appropriate measures shall be taken to ensure that staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
3.8 Only toughened glass vessels shall be used to dispense beverages to customers.
3.9 At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (who’s identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
3.10 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.
3.11 Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective shall be available for inspection by an officer or a Responsible Authority.
3.12 The premises shall maintain a drinks pricing policy which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.
3.13 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
3.14 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
3.15 Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
3.16 During the final hour of daily trading, appropriate announcements shall be made or images projected to remind patrons of the need to leave the premises without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.
3.17 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 the public.
3.18 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
Annex 4 - Plans
See attached plan referenced FYPL 0138.