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 Upon commencement of their employment, 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 will include training on how the staff’s own behaviour can affect the promotion of the licensing objectives. Refresher training shall be provided at least once every six months and all training shall be documented and shall be made available to an authorised officer upon request.
2.2 A comprehensive CCTV system shall be installed at the premises with cameras positioned internally and externally. The system shall meet the following criteria:
The system shall display on any recording the time and 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 31 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;
To assist any authorised officer requesting footage, a plan shall be readily available at the premises showing the location of each camera and with an example image the area each camera records.
TheCCTV shall capture a “head and shoulders” image of persons entering the premises through the main public entrance.
2.3 Appropriate signage alerting customers to the use of CCTV shall be displayed in a conspicuous position at the premises. This will include at least one sign outside which is prominent to customers leaving the venue reminding them that CCTV is in use and is monitoring their behaviour as they leave the premises.
2.4 A competent person trained in the use of and operation of the CCTV shall be in attendance at the premise at all times that licensable activities are taking place. Said person shall be able to fully operate the CCTV system and shall be able to download data in a recognised format when requested.
2.5 Prior to each occasion that licensable activities are carried on at the premises, a check shall be made to ensure that the CCTV is in working order. Said checks will be documented, any faults recorded, and any faults will be rectified promptly.
2.6 An incident register of any ejections from the premises shall be maintained at the premises and any details of public order offences shall be recorded. Said register shall be made available upon request to an authorised officer upon request.
2.7 Prior to any occasion on which licensable activities are to be carried on at the premises, a risk assessment shall be carried out to determine whether door supervisors are required. Whilst not an exclusive list, said risk assessment shall take into account matters such as the day of the week, the number of customers expected, the age range of customers expected, and whether any acts or functions are intended. An appropriate number of door supervisors shall be utilised in accordance with said risk assessment, which will be documented and produced to an authorised officer upon request. Any advice given by Responsible Authorities in respect of said risk assessments shall be given due regard by the management of the premises.
2.8 The premises shall have a written zero tolerance drugs policy which is enforced at all times.
2.9 The premises shall be an active member of any local “pub watch” or equivalent scheme where such a scheme is in existence.
2.10 Any sales of alcohol made for consumption off the premises shall be made in a sealed container.
2.11 The management of the premises shall ensure that the area immediately outside the entrance to the premises is kept clean, tidy and free from litter. At the end of each trading session, an inspection shall be carried out of the external areas and of the area in the immediate vicinity of the premises. A record of said inspections shall be maintained and produced to an authorised officer upon request.
2.12 External doors and windows shall be kept closed whenever entertainment is being provided, except for the purposes of access and egress.
2.13 On any occasion that regulated entertainment is carried on at the premises, regular assessments of the noise emanating from the premises shall be undertaken. Wherever said assessments indicate that noise is likely to cause nuisance to any local residents, remedial action shall be taken. Said assessments shall be documented and produced to an authorised officer upon request.
2.14 When door supervisors are on duty, a minimum of on door supervisor shall be stationed at the main entrance to the premises and shall be specifically tasked with monitoring the external area. Duties shall include ensuring persons who are leaving do so quickly and quietly, challenging noisy or unruly behaviour; and encouraging patrons who leave the venue to smoke to use the designated smoking area.
2.15 The premises shall have a written dispersal policy designed to encourage patrons to leave the venue and the area quickly and quietly. Said policy shall be approved by Lancashire Constabulary and by the Environmental Health department at Fylde Borough Council (such approval not to be unreasonably withheld) and will include requirements that:
- When door supervisors are on duty, a door supervisor shall be specifically tasked with monitoring and controlling the drive and the area immediately beyond it for the period of time that dispersal of customers is taking place at the end of a trading session;
- When door supervisors are on duty, door supervisors shall encourage any customers awaiting the arrival of transport to wait indoors.
2.16 Customers shall not be permitted to take any drinks outdoors after 2100 each evening.
2.17 A mobile phone shall be used at the premises with a number available to any local residents who request it. Said mobile phone shall be monitored at all times that the premises is open to the public by the Designated Premises Supervisor (or by a nominated representative in the absence of the Designated Premises Supervisor). In the event of complaints being made through the mobile phone, details of the complainant and the remedial action taken shall be recorded with said details being made available to an authorised officer upon request.
2.18 There shall be no persons under the age of eighteen permitted on the premises after 21:00 each evening unless they are attending a pre-arranged private function or accompanied by a responsible adult.
2.19 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.
2.20 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 least once every six months. Said training shall be documented and shall be made available to an authorised officer upon request.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING OF THE LICENSING AUTHORITY
N/A
ANNEX 4 - PLANS
See attached plan FY PL0438