Annex 1 - Mandatory Conditions
1.1 The restrictions on the times during which the licence authorises the sale by retail of alcohol on the premises, set out in part M of the Licensable Activities section of this licence do not prohibit::-
(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(b) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises.
1.2 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.
1.3 The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.
Suitable beverages other than Intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the premises.
1.4 The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably 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. 5 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.
1.6 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).
1.7 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.
1.8 (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 use of the premises shall be as an eating establishment.
2.2 A personal licence holder shall be on the premises at all times.
2.3 A no drugs policy shall be applied and maintained in respect of the premises with supporting notices.
2.4 The premises shall have a policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy shall require any person who appears to be underage to produce a photo driving licence or passport indicating that they are over 18 years of age.
2.5 Patrons under 18 years of age shall be accompanied by an adult.
2.6 All drinks shall be served with a glass and poured at the table or bar and bottles shall not be allowed off the premises.
2.7 An emergency lighting system shall be provided at the premises and this shall be inspected and passed periodically.
2.8 The premises shall comply with the appropriate fire regulations and escape routes shall meet with the Fire Authority’s approval.
2.9 The maximum occupancy of the building shall be restricted to 68 persons and the patio area to 30 persons.
2.10 An accident book system shall be operated with full details of all incidents logged and recorded.
2.11 First aid equipment shall be available on the premises which shall be maintained and checked on a weekly basis and stocks replenished accordingly.
2.12 Tables and chairs at the premises shall be non fixed so that they are moveable in the event of emergency.
2.13 No special effects or lighting shall be used at the premises save for disco lights, supplied by the guest DJ or artists.
2.14 When guest artists, bands and DJs are performing at the premises, any music shall be subject to an automatic noise limitation device.
2.15 All music shall be kept to a reasonable noise level.
2.16 The premises including the restaurant and patio shall be cleared and cleaned after every lunch and dinner shift or during the shift if required.
2.17 All deliveries to the premises shall be made during the day and must not take place whilst the premises is open to the public.
2.18 The kitchen shall be fitted with extraction equipment which is all tested, passed and approved periodically.
2.19 Patrons shall be encouraged to leave the premises quietly and a notice shall be displayed to this effect if necessary.
2.20 No Entertainment of an 'adult' or 'sexual' nature will take place upon the licensed premises
2.21 Alcohol shall only be provided to persons aged 18 or over and identification will be asked for in the event of doubt as to age.
2.22 No gaming machines shall be provided at the premises.
2.23 All children under 18 years of age shall only be permitted in the premises in the presence of an accompanying adult.
2.24 All staff shall be fully conversant with the licensing requirement and objectives.
2.25 A fully operational CCTV system shall be installed at the premises.
2.26 Adequate lighting shall be provided at the premises.
2.27 Adequate seating facilities shall be provided at the premises.
2.28 Secondary glazing/ soundproofing shall be installed together with a fitted retractable roof so as to prevent noise pollution.
2.29 Music of any kind shall be played at a reasonable level to prevent noise pollution.
2.30 No music of any kind shall be played externally beyond 2300 hours.
Annex 3 - Conditions attached after a hearing by the Licensing Authority
3.1 Unless they are attending a function organised by the licensee or by private booking, alcohol shall only be sold or supplied to persons not taking table meals until 01.00 hours. Such patrons must be seated at tables and shall be served by waiter/waitress only.
3.2 No music shall be played outside the premises after 23.00 hours.
3.3 The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Initiative as are relevant to the premises, and indicated in the associated leaflet.
3.4 All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this must be made available to an authorised officer upon request.
3.5 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.
3.6 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.
Annex 4 - Plans
See attached plan referenced FYPL 0169