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.
1.3 The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by
() the British Board of Film Classification (BBFC) where the film has been classified by that Board, or
() the Licensing Authority where no classification certificate has been granted by the BBFC or where the licensing authority has notified the licence holder that section 20 (3) (b) of the Licensing Act 2003 applies to the film.
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 premises shall have a maximum capacity of 170 people which shall be strictly adhered to.
2.2 Entry to the premises shall be via secure electronic keypad with a door camera so any criminal or disorderly act may be recorded.
2.3 All staff on the premises shall be trained and made aware of the signs of a guest who is under the influence of alcohol and drugs and any customer who is already the influence of drink shall not be served further alcohol.
2.4 Staff shall receive regular training in the proof of age policy operated at the premises.
2.5 Guests and customers shall not be permitted to remove drinks and bottles from the premises.
2.6 The premises shall have a Health and Safety Manual incorporating policy, organisation and procedures. In accordance with that policy there shall be regular health and safety checks, regular testing of fire alarms, fire doors and the emergency lighting system.
2.7 Regular fire drills shall be conducted with staff and responsible staff shall be made aware of the designated muster points in the event of a fire.
2.8 Fire notices are on display and all fire exits shall be sign posted.
2.9 A ramp shall be provided to enable disabled persons to access and leave the premises. All disabled persons on the premises shall be made aware of the evacuation arrangements.
2.10 Any outbreak of fire at any time shall be reported to the Fire Service immediately.
2.11 All fire fighting equipment shall be periodically assessed and maintained.
2.12 All fire instruction signs shall be illuminated so that they may be easily read at all times when customers are present on the premises.
2.13 Emergency lighting shall be installed which shall be activated once the electricity supply to regular lighting is interrupted. The emergency lighting shall be tested and inspected.
2.14 The premises shall have First Aid trained staff and First Aid boxes at designated locations on the premises which shall be checked regularly and supplies replenished accordingly.
2.15 All seating at the premises shall be non-fixed.
2.16 All exit routes and emergency exits shall be kept free of obstruction and all exit doors shall be freely accessible and capable of being opened by all.
2.17 When the premises is hired for a private function at which a DJ or music act is playing, they shall be instructed to keep all music to a reasonable level.
2.18 An extraction unit shall be installed in the kitchen to control noxious orders from cooking.
2.19 All bands and artists performing at the premises shall not use special effects and all patrons shall be encouraged to leave the premises quietly out of respect for residents and surrounding properties.
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 No entertainment of an adult nature shall take place on the premises.
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 shall be made available to an authorised officer upon request. This training shall be given every 3 months.
3.3 At least one personal licence holder shall be available (ie contactable by telephone at all the premises are open and able to attend the premises within 30 minutes of the call) while the supply or sale of alcohol is being undertaken (whose identity will be known to all other staff engaged in the supply or sale of alcohol) except in the case of an emergency.
3.4 Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity is known by all other staff when such absence occurs.
3.5 Frequent collections of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.6 Noise from any regulated entertainment shall be inaudible within the nearest sensitive properties.
3.7 Vibration produced as a result of any regulated entertainment shall not be perceptible in an adjoining or nearby sensitive properties.
3.8 All internal doors to any entrance/exit point, fire exit doors and external windows shall be closed during any regulated entertainment except in the event of an emergency, save for the purposes of access and egress.
3.9 There shall be place at all exit points from the premises in a place where they may be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimize disturbance to nearby residents.
3.10 The collection and disposal of bottles and refuse should not take place externally between the hours of 9pm and 7am so as to minimize disturbance to nearby residents.
3.11 The Premises Licence Holder shall provide suitable containers for the storage of waste which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
3.12 The above shall include any external receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.
3.13 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
3.14 All external smoking areas provided for the premises shall be located in such a position so that any associated use does not cause a nuisance to any nearby noise sensitive properties.
3.15 A zero tolerance drugs policy shall be adopted at the premises.
3.16 All emergency escape routes and exits shall be maintained so as not to cause hindrance in the event of an evacuation.
3.17 The management shall ensure that the external parts of the premises are kept tidy and do not cause a nuisance to neighbouring businesses or residents.
3.18 The management shall use their best endeavours to ensure that any customers using the external areas do not cause a nuisance to neighbouring businesses or residents.
3.19 There shall be a Challenge 25 proof of age policy in operation at the premises, requiring that any individual who appears to be under the age of 25 to provide identification that they are over the age of 18. In the event that the individual is unable to provide said identification, then the sale of alcohol shall be refused. The following are the only forms of identification acceptable:
- a valid UK Passport
- a Proof of Age Standards Scheme (PASS) card and/or any other form of identification previously agreed with representatives from the Blackpool Police Licensing Unit
- A valid UK Photo card driving licence
- Any other nationally approved or locally approved form of identification which may be introduced in the future
3.20 An incident book shall be maintained at the premises in which shall be recorded:-
i) All incidents of crime and disorder
ii) Refused sales to suspected under-age persons
iii) A record of any person asked to leave the premises or removed from the premises
iv) Details of occasions on which the police are called to the premises
v) The use or discovery of drugs
3.21 CCTV will be installed internally and externally at the premises and will comply with the following:
i) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises shall be covered by the system with the exception of the toilets. The system shall incorporate a camera covering each of the entrance doors and shall be capable of providing an image which is regarded as identification standard.
ii) The system shall display on any recording the correct time and date of the recording.
iii) The system shall make recordings during all hours the premises are open to the public.
iv) Recordings shall be held for a minimum of 21 days after the recording is made and will be made available to an authorised person upon request.
v) The system shall record images of the head and shoulders of all persons entering the premises.
3.22 A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show recent data or footage with the absolute minimum of delay when requested by an authorised officer.
3.23 The Licence Holder shall 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 licence conditions.
3.24 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.25 Annual documented maintenance checks of the CCTV system, including the recorded system shall be undertaken by the licence holder to ensure that the system is in good working order and fit for purpose.
3.26 Notices shall be displayed in a prominent position at the entrance to the premises advising patrons that it is a condition of entry that they agree to be searched and that any individual found to be in possession of a weapon or controlled substances shall be detained and reported to the Police.
3.27 An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment.
3.28 Risk assessments shall be carried out by or on behalf of the licence holder which relate to a licensing objective shall be available for inspection by an officer or a Responsible Authority.
3.29 Function facilities shall not be made available for 18th birthday parties.
3.30 There shall be regular toilet checks.
3.31 No children under the age of 16 shall be allowed in the bar area unless accompanied by an adult.
ANNEX 4 - PLANS