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) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(b) the sale of alcohol to a trader or club for the purposes of the trade or club;
(c) 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;
(d) 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
(e) 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.
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 licensee shall provide and maintain suitable and sufficient CCTV surveillance systems.
2.2 The licence holder and the Designated Premises Supervisor shall ensure that only toughened glass vessels are used to dispense beer to customers
2.3 The licence holder and the Designated Premises Supervisor shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.
2.4 At least one personal licence holder shall be contactable while the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
2.5 The License holder and Designated Premises Supervisor shall nominate another person who will deputise for the Designated premises Supervisor in that persons absence and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.
2.6 The Licence holder and Designated Premises Supervisor 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.
2.7 The licence holder and the Designated Premises Supervisor shall ensure that the maximum number of persons allowed onto the premises shall not exceed the capacity determined by the Lancashire Fire and Rescue Service.
2.8 The licence holder and the Designated Premises Supervisor shall nominate another person who will deputise for the Designated premises Supervisor in that persons absence and shall ensure that the identity of the deputy is known by all other staff when such absence occurs.
2.9 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate In or around the licensed premises.
2.10 The ventilation to the premises shall be maintained to satisfy the appropriate Building Regulations.
2.11 Free cold drinking water shall be available on request as shall adequate supplies of chilled soft drinks and bottled water available for sale at the bar(s).
2.12 During the final hour of daily trading the licence holder and the Designated Premises Supervisor shall ensure that appropriate announcements are made or images are 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.
2.13 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.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 No Entertainment of an 'adult' or 'sexual' nature shall take place upon the licensed premises
2.19 A sufficient number of signs shall be 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.
2.20 The licensee supports and will continue to rigorously enforce the challenge 21 proof of age policy.
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 Guests shall be encouraged 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 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.
3.2 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.
3.3 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.
Annex 4 - Plans
See attached plan referenced FYPL 0150