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.
1.3.1. The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
1.3.2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
1.3.3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
1.3.4 (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
1.3.5. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures
A responsible person is defined in S153(4) of the Licensing Act 2003 as:
(a) in relation to licensed premises-
(i) the holder of a premises licence in respect of the premises,
(ii) the designated premises supervisor (if any) under such a licence, or
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,
(b) 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 him to prevent the supply in question.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 The premises shall be suitably adapted for disabled customers in that adequate access and WC facilities shall be available.
2.2 The Management of the premises shall operate a due diligence policy in relation to staff training and procedures of alcohol sales.
2.3 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.
2.4 The side entrance shall be for disabled customers only, save for emergency, and customers and staff not permitted to use rear of property to smoke or socialise.
2.5 Substantial food available at premises throughout its opening hours, save 1 hour before premises closes to enable kitchen to shut down.
2.6 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include 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, transferred in accordance with procedures agreed with the Lancashire Constabulary.
2.7 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.
2.8 The premises shall be operated in participation with the ‘Pubwatch’ and radio link scheme.
2.9 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from premises.
2.10 Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.11 Appropriate first aid equipment shall be maintained at the premises.
2.12 Staff shall receive suitable training in evacuation procedures and a procedure shall be in place to facilitate the evacuation of disabled persons.
2.13 The Emergency lighting system, gas installation and fire alarms shall be inspected on an annual basis.
2.14 Safety checks shall be conducted by the Management/Designated Premises Supervisor prior to the premises opening.
2.15 Staff shall be given appropriate training in respect of public safety and audits shall be routinely conducted for all systems and procedures.
2.16 Only toughened glass vessels are used to dispense beverages to customers.
2.17 The premises shall be appropriately soundproofed at any time regulated entertainment is taking place. 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. Sound and lighting systems shall be sympathetic to the needs to local residents.
2.18 Windows and doors, save for entrance and exit purposes shall be kept closed during regulated entertainment.
2.19 Clear, legible and conspicuous notices requesting patrons to avoid leave the premises in a quit and orderly fashion shall be displayed at the premises.
2.20 During the final hour of daily trading appropriate announcements are made 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 Staff arriving before 0900hrs or departing late at night when the business has ceased trading, shall conduct themselves in such a manner to avoid disturbance to nearby residents.
2.22 Disposal of all refuse, including empty bottles into external containers shall take place after 9.00am and before 2000hrs.
2.23 Minors and young persons shall not be permitted on gaming machines in the premises and notices shall be displayed to this effect.
2.24 All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. Records to evidence this will be made available to an authorised officer upon request.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 At least one personal licence holder shall be available and on site 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 emergency.
3.2 No entertainment of an adult nature shall take place on the premises.
3.3 The supply of intoxicating liquor for consumption on the premises shall be by waiter/waitress service only and only to persons seated at tables or seated at the bar. Bar service is permitted only to persons attending pre-arranged private functions.
3.4 The primary purpose of the premises shall be that of a cafe/ bistro/restaurant serving food, with additional use for pre-arranged events and functions. The sale of alcohol will be ancillary to these uses.
3.5 The provision of food, including full meals and snacks, shall form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment.
3.6 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.
3.7 Risk assessments carried out by or on behalf of the Premises Licence holder which relate to a licensing objective shall be available for inspection by an officer or a Responsible Authority.
3.8 Annual and five yearly checks of the systems installed at the premises shall take place.
3.9 The licence holder and/or DPS shall support and rigorously enforce the Challenge 25 Proof of Age Policy. Any person who looks or appears to be under the age of 25 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
iv. OR any other nationally or locally approved card which may be introduced in the future.
3.10 CCTV shall 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 are to be covered by the system. The system will incorporate a camera covering each of the entrance doors and will be capable of providing an image which is regarded as identification standard.
ii. The system will display on any recording the correct time and date of the recording.
iii. The system will make recordings during all hours the premises are open to the public.
iv. VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively after the recording is made and will be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
v. The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.11 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times the premises are open to the public. This staff member shall be able to show recent data or footage with the absolute minimum of delay when requested to by a Police Officer.
3.12 Bi-annually documented maintenance checks of the CCTV system, including the recording system shall be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
3.13 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.14 No unaccompanied children under the age of 16 shall be permitted on the premises.
3.15 Staff shall not smoke or congregate in the alleyway at the rear of the premises. A suitable smoking area shall be provided that when used would not cause nuisance to neighbours.
3.16 The applicant shall ensure that there is additional or odour specific technology incorporated into the extraction system to prevent excessive food odours causing nuisance to nearby residents.
3.17 Noise or vibration shall not be allowed to emanate from the premises, such as to cause persons in the neighbourhood to be disturbed.
3.18 Cooking, noxious or persistent smells generated at the premises shall not cause nuisance to nearby properties, and the premises shall be adequately ventilated to the satisfaction of the relevant department of the Local Authority.
3.19 The rear and side doors and roof windows shall remain closed after 2000hrs and before 0900hrs, save in times of emergency and to allow for access.
3.20 The DPS shall provide his mobile telephone number to residents upon request
3.21 Deliveries shall be limited each and every day between the hours of 1000hrs to 1800hrs.
3.22 An acoustic lobby shall be created at the front of the premises for the purpose of restricting the escape of noise from the premises
3.23 All litter created by customers shall be cleared away and properly disposed of on a daily basis.
ANNEX 4 - PLANS
See attached plan referenced FY PL0334.