Annex 1 - Mandatory Conditions
No supply of alcohol may be made under the premises licence:-
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
Every supply of alcohol under the premises 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
1. The Premises Licence Holder shall ensure that all staff at the premises have been trained in accordance with established JD Wetherspoon plc training procedures. Specifically the premises licence holder shall ensure that all employees are trained in their responsibilities to prevent alcohol being served to anyone who is under the legal age limit or to anyone who appears to be drunk or to anyone who is trying to purchase alcohol on their behalf.
2. The Premises Licence Holder shall ensure that there are sufficient staffing levels including managers to encourage responsible behaviour on the premises at all times.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. No entertainment of an adult nature shall take place on the premises.
2. The premises licence holder shall ensure that all staff at the premises are trained in accordance with established JD Wetherspoon PLC training procedures.
3. The premises licence holder shall adhere to the JD Wetherspoon document "Code of Conduct for Responsible Drinks Retailing" as amended from time to time.
4. Non alcoholic beverages including soft drinks, drinking water, coffee and tea shall be available at all times the sale by retail of alcohol is carried out at the premises.
5. Children under the age of 16 shall not be allowed on the premises beyond 2100 or 2130 if eating a meal.
6. Children under the age of 16 must always be accompanied by an adult who shall be required to maintain supervision of them.
7. Suitable food and non-alcoholic beverages shall be available at all times children are allowed on the premises.
8. The Premises Licence holder and / or DPS shall participate, where relevant to the premises, in the Nightsafe scheme and any associated initiatives.
9. The Premises shall operate the Radiolink scheme at all times the premises are open for licensable activities and where the scheme is operative and its operation shall be monitored by the DPS or another responsible person.
10. The Premises Licence Holder shall operate a Challenge 21 "Proof of Age" scheme and all staff whose duties involve the sale of alcohol shall receive training in its operation. Training records shall be kept and made available to an authorised officer on request.
11. The Premises Licence Holder shall risk assess with regard to the requirements of Fylde Council's "Nightsafe" scheme the requirement for door supervisors at the premises and shall employ door supervisors in such numbers and at such times as is deemed necessary by the risk assessment.
12. The Premises Licence Holder and / or DPS shall use all reasonable endeavours to prevent the removal of bottles and glass from the curtilage and grounds of the licensed premises except for the purposes of consumption in an outside drinking area under the management and control of the Premise Licence Holder.
13. All door supervisors employed at the entrance / exit of the premises shall wear a reflective jacket / tabard of a design to be agreed with the Lancashire Constabulary.
14. CCTV shall be installed at the premises in compliance with any reasonable requirements of the police. Images shall be retained for a minimum of 30 days and shall be available to the police upon request. Members of the management team shall be trained in the use of the system. Images shall be made available to the Police on request.
15. The Lancashire Constabulary Licensing Unit shall be notified as soon as reasonably practical on any occasion the CCTV or radio link system is to be inoperative for more than 1 working day and confirmation shall be provided from a competent person stating why the system is inoperative and the measures to be taken to repair it.
16. Where reasonably practical only toughened glassware shall be used at the premises.
17. Lancashire Constabulary shall be informed as soon as reasonably practical if any customer is found in possession of an offensive weapon.
18. Regular collections of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in the premises and external area(s) under the premises licence holder’s control.
19. Clear / legible and conspicuous signs requiring patrons to avoid causing noise, nuisance or disturbance to local residents when leaving the premises shall be displayed at each exit of the premises.
20. Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective shall available for inspection by an officer or a responsible authority.
21. There shall be no consumption of food or drink in any external area of the premises after 2300
Annex 4 - Plans
See attached plan referenced FYPL 0135