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:
)
consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
)
the sale of alcohol to a trader or club for the purposes of the trade or club;
)
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;
)
the taking of alcohol from the premises by a person residing there; or
)
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
)
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 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 that is not a bar and to or from some part of the premises where 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 holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the supply and consumption of intoxicating liquor. However, 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.
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
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 Operating Schedule
No irresponsible sales promotions of alcoholic beverages shall be offered to customers.
No customers carrying open or sealed bottles shall be admitted to the premises at any time that the premises are open to the public.
A sign shall be displayed on the premises indicating the standard hours during which the sale of alcohol is permitted.
All fire doors shall be maintained effectively, self closing and shall not be held open other than by approved devices.
Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summoned, are to be prominently displayed.
No regulated entertainment of any type shall take place outside the premises in any areas which are within the licence holder’s control after 22:00 hours save for any special event seven days’ notice of which has been given to the licensing authority and the police.
When amplified musical entertainment is taking place inside the premises after 22:00 hours windows and doors, save for entrance and exit purposes, shall be kept shut.
A sign shall be located at the exit(s) requesting that customers leaving the premises do so quietly and with consideration to neighbours.
No one under the age of 16 shall be allowed to enter or remain on the premises after 22:00 hours save on Christmas Eve and New Years Eve.
Anyone who appears to be under the age of 18 and who is attempting to buy alcohol must be required to produce proof of age before such a sale is made.
Any glassware and bottles removed from the premises shall be replaced with plastic glasses.
Any rubbish originating from the premises shall be removed from Lytham Green and the pavement directly outside the premises.
There shall be half hourly rubbish collections during permitted opening hours and a final collection at closing time.
Only plastic glasses shall be permitted to leave the premises and a sign instructing this shall be on display.
Annex 3 - Conditions attached after a hearing by the licensing authority
The premises shall be operated in accordance with the principles outlined by the ‘Nightsafe’ Scheme, as are relevant to those premises and indicated in the associated leaflet.
The premises shall be operated in participation with the “Pubwatch” scheme and radio link.
All staff shall have received 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.
An adequate number of licensed door supervisors shall be on duty as appropriate to any risk assessment and in accordance with the guidance under the ‘Nightsafe’ Scheme.
The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement Authorites.
Only toughened glass or plastic vessels shall be used to dispense beverages to customers.
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.
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.
Risk assessments 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.
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.
Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
During the final hour of daily trading, when regulated entertainment is being provided, appropriate announcements shall be made or images 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.
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.
Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
The licensee shall comply with the reasonable requirements of the Fire Authority relating to pubic safety so long as those are communicated to the licensee before the 24th November 2005.
Annex 4 - Plans
See attached plan referenced FYPL 0210