Annex 1 - Mandatory Conditions
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 licensed premises;
(c) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of
the alcohol so ordered;
(d) the sale of alcohol to a trader or club for the purposes of the trade or club;
(e) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or
supply of alcohol is carried out under the authority of the Secretary of State or an
authorised mess of members of Her Majesty’s naval, military or air forces;
(f) the taking of alcohol from the premises by a person residing there; or
(g) the supply of alcohol for consumption on the premises to any private friends of a person
residing there who are bona fide entertained by him at his own expense, or the
consumption of alcohol by persons so supplied; or
(h) the supply of alcohol for consumption on the premises to persons employed there for the
purposes of the business carried on by the holder of the licence, or the consumption of
liquor so supplied, if the liquor is supplied at the expense of their employer or of the
person carrying on or in charge of the business on the premises.
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.
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence.
(b) He resides in the premises, but is not employed there.
(c) He is in the bar solely for the purpose of passing to or from some part of the premises
which is not a bar and to or from which there is no other convenient means of access
or egress.
(d) The bar is in railway refreshment rooms or other premises constructed, fitted and
intended to be used bona fide for any purpose to which the holding of the licence
is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the supply and consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
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 Suitable and sufficient CCTV surveillance systems shall be provided and maintained at the premises.
2.2 Only toughened glass vessels shall be used to dispense beer to customers.
2.3 Arrangements for the storage of empty bottles shall prevent unauthorised access to those bottles.
2.4 A Personal Licence holder shall be contactable and shall be available to attend the premises save for the event of an emergency.
2.5 No patrons shall remain on the licensed premises (except for a period of 30 minutes to enable 'drinking-up') following the termination of licensable activity.
2.6 A clear and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be erected and maintained in a prominent position at every exit .
2.7 Staff arriving before 09.00 hours or departing late at night when the business has ceased trading shall conduct themselves in such a manner to avoid disturbances to nearby residents.
2.8 The placing of refuse, such as bottles, into receptacles outside the premises shall only take place between 0800 hours and 2200 hours so as to prevent disturbance to nearby premises.
2.9 Noise or vibration shall not emanate from outside the premises such as to cause persons in the neighbourhood to be disturbed. To this end sound insulation shall be provided and regard must be had to the ventilation requirements for the premises. All sound insulation shall be installed to the satisfaction of the Council.
2.10 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.
2.11 Cooking, noxious or persistent smells generated at the premises shall not cause nuisance to nearby properties, and that the premises shall be adequately ventilated to the satisfaction of the Council.
2.12 Another person who will deputise for the Designated premises Supervisor in that persons absence and shall shall be nominated whose identity is known by all other staff when such absence occurs.
2.13 Risk assessments carried out by or on behalf of the Licence holder which relate to a licensing objective will be made available to the Responsible Authorities.
2.14 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate In or around the licensed premises.
2.15 Ventilation to the premises shall be maintained to satisfy the appropriate Building Regulations.
2.16 Free cold drinking water shall be made available on request and adequate supplies of chilled soft drinks and bottled water shall be available for sale at the bar(s).
2.17 Accompanied children shall only be allowed to remain on the premises between the hours of 1000 hours and 2200 hours.
2.18 No Entertainment of an 'adult' or 'sexual' nature will take place upon the licensed premises.
2.19 A sufficient number of signs shall erected and maintained at each bar or alcohol sales point informing customers that sales will not be made to persons under 18 years of age and shall operate a Challenge 21 Policy
i.e. The licensee supports and will continue to rigorously enforce the Challenge 21 proof of age policy.
2.20 Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:-
(i) UK photo driving licence
(ii) Passport
(iii) Proof of Age Standards Scheme Card
2.21 The licence holder will encourage guests to restrict use of the licensed area by children in the late evening.
Annex 3 - Conditions attached after a hearing by the Licensing Authority
3.1 The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are relevant to the premises, and indicated in the associated leaflet.
3.2 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.
3.3 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.
3.4 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.
3.5 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall include regular checks of toilet areas.
3.6 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
3.7 Confiscated and found drugs shall be stored, disposed or transferred in accordance with procedures agreed with the Lancashire Constabulary.
Annex 4 - Plans
See attached plan referenced FYPL 0141.