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 use of the premises shall be as an eating establishment.
2.2 A no drugs policy shall be applied and maintained in respect of the premises with supporting notices.
2.3 All drinks shall be served with a glass and poured at the table or bar and bottles shall not be allowed off the premises.
2.4 No special effects or lighting shall be used at the premises save for disco lights, supplied by the guest DJ or artists.
2.5 When guest artists, bands and DJs are performing at the premises, any music shall be subject to an automatic noise limitation device.
2.6 All music shall be kept to a reasonable noise level.
2.7 The kitchen shall be fitted with extraction equipment which is all tested, passed and approved periodically.
2.8 Patrons shall be encouraged to leave the premises quietly and a notice shall be displayed to this effect if necessary.
2.9 No Entertainment of an 'adult' or 'sexual' nature shall take place upon the licensed premises.
2.10 No gaming machines shall be provided at the premises.
2.11 Adequate seating facilities shall be provided at the premises.
2.12 No music of any kind shall be played externally beyond 2300 hours.
2.13 All staff who are involved in the sale of alcohol shall be trained in relation to the licensing objectives so as to reduce crime and disorder, promote public safety, prevent public nuisance and promote the protection of children from harm. Said training shall be refreshed at least once every six months, shall be documented and shall be made available to an authorised officer upon request.
2.14 A “Challenge 25” Policy shall be adopted and enforced at the premises whereby any person who appears to be under the age of 25 shall be required to provide identification to prove that they are over the age of 18 before they are permitted to purchase alcohol. The only forms of acceptable identification shall be:
- A passport
- A UK Photocard Driving Licence
- Official ID card issued by HM Forces or EU bearing a photograph and the date of birth of the holder
- Any other form of identification agreed with a representative of the police licensing Unit.
All staff who are involved in the sale of alcohol shall be trained in relation to the “Challenge 25” policy upon the commencement of their employment, following which they shall undertake refresher training at suitable intervals. Said training shall be refreshed at least once every six months, shall be documented and shall be made available to an authorised officer upon request.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 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.
3.2 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.
3.3 A comprehensive CCTV system shall be installed internally and externally at the premises and will meet the following criteria -
- The system shall display on any recording the & date of said recording;
- The system shall be recording whenever the premises is open to the public;
- Any recordings shall be retained for a minimum of 28 days after they are made and shall be produced to an authorised officer upon request, so long as said request is in accordance with the principles of the Data Protection Act or any subsequent or alternative legislation;
- As a minimum, the system shall capture images of the head and shoulders of any person entering the premises through the main public entrance.
- A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times the premises are open to the public. This staff member shall be able to show recent data or footage with the absolute minimum of delay when requested to by a Police Officer (so long as to do so would not contravene the principles of the Data Protection Act, or any subsequent or alternative legislation).
- The licence holder must notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the conditions of this licence.
- Annually documented maintenance checks by a suitably qualified CCTV engineer must be made of the CCTV system to ensure that the system is in good working order and is operating in compliance with the conditions of this licence.
Appropriate signage alerting customers to the use of CCTV shall be displayed in a conspicuous position at the premises.
3.4 Patrons shall not be permitted to consume drinks outside after 23.00 each night.
3.5 No persons under the age of 18 shall be allowed on the premises after 22.00 unless partaking in a meal. All children under 14 must be accompanied by an adult.
3.6 Functions which involve the exclusive use of the premises for events which specifically target young people aged 17-18 years (for example birthday parties) shall not be permitted.
3.7 Prior to any occasion that licensable activities take place, a risk assessment shall be carried out to determine whether door supervisors are required. An appropriate number of door supervisors shall be utilised in accordance with said risk assessment.
3.8 There shall be no admittance to the premises for customers after 00.00. For the avoidance of doubt, this condition shall not apply to customers who have left the premises temporarily, for example, to smoke.
ANNEX 4 - PLANS
See attached plan referenced FYPL 0169