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 or video exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by
(a) The British Board of Film Classification (BBFC) where the film has been classified by that Board, or
(b)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 - CONDTIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 A zero tolerance policy towards illegal drugs and excessive consumption of alcohol shall be enforced at all times within the premises.
2.2 A suitable level of Illumination shall be provided to the interior and exterior of the premises.
2.3 Appropriate fire fighting equipment and fire precautions shall be maintained at the premises.
2.4 Adequate first aid provision is available at all times the premises are being operated.
2.5 The fabric of the building should be such as to retain sound as appropriate.
2.6 Staff shall ensure that any noise emanating from the premises is kept to minimum to avoid causing disturbance to guests and members of the public.
2.7 No persons under the age of 18 years shall be served alcohol.
2.8 Children shall be required to be supervised by the accompanying adult at all times.
2.9 Access to gaming machines shall be restricted as appropriate.
2.10 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.
2.11 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
2.12 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 Authorities.
2.13 Only toughened glass vessels are used to dispense beverages to customers.
2.14 At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (who’s identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
2.15 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
2.16 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
2.17 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas
2.18 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection
2.19 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary
2.20 During the final hour of daily trading 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.
2.21 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.
2.22 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.23 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
2.24 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. Refresher training shall be provided at least once every six months and all training shall be documented and made available to an authorised officer upon request.
2.25 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.
2.26 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 twelve months. Said training shall be documented and shall be made available to an authorised officer upon request.
ANNEX 3 - CONDITONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 Prior to each occasion that licensable activities take place on the premises, a risk assessment shall be carried out to determine whether door supervisors are required. An appropriate number of door supervisors shall be utilised in accordance with said risk assessment, which shall be written and shall be produced to an authorised officer upon request.
3.2 Between the hours of 23:00 and 10:00, sales of alcohol shall only be permitted to residents of the hotel and their bona fide guests, or to persons attending a pre-arranged private function.
3.3 Clearly visible notices shall be displayed advising those attending that:
a) It is a condition of entry that customers agree to be searched and
b) Police shall be informed if anyone is found in possession of controlled substances or weapons.
3.4 Any outside area which is used for the consumption of alcohol shall cease to be so used at 22:00 hours.
3.5 Any outside area of the venue shall be regularly checked by a competent person.
3.6 Functions which specifically target young people aged 17-18 years (for example birthday parties) shall not be allowed to take place on the premises.
3.7 At least on personal licence holder shall be on the premises at all times the premises is used for a music event or private function and one must be contactable at all other times the premises is open, (their identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
3.8 CCTV shall be installed at the premises and shall comply with the following:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance and bar areas are to be covered by the system. 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.
b) The system shall display on any recording the correct time and date of the recording.
c) Digital recording shall be held for a minimum of 21 days respectively, after the recording is made and shall be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
3.9 No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
3.10 Refuse such as bottles shall be disposed of in any external area of the premises at a time when it is not likely to cause a disturbance to sensitive premises/shall not be disposed of between the hours of 18.00- 08.00.
3.11 The licence holder, Designated Premises Supervisor or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to any sensitive premises. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results, including any remedial action.
3.12 There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or members and their guests), notices requiring customers to leave the premises and the area quietly (this may also include a reference to vehicles).
3.13 Outdoor areas shall cease to be used by customers for the consumption of alcohol and music at 22:00 each evening. All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency or for the purpose of access and egress.
3.14 Noise from regulated entertainment at the licensed premises shall not exceed the background noise level when measured as an LAeq,5min in any one third octave band at the boundary with any noise sensitive premises.
ANNEX 4 - PLANS
See attached plans referenced FYPL 0167