ANNEX 1 - MANDATORY CONDITIONS
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.
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.
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).
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
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.
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(a);
(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(b).
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 Whenever licensable activities are available at the premises a waiter/waitress service shall be available.
2.2 At least one personal licence holder will be on the premises at all times during which 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).
2.3 The Designated Premises Supervisor, when present and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.
2.4 The premises shall be operated in accordance with the principles outlined by the Nightsafe Scheme, as are relevant to the premises.
2.5 Local Pubwatch protocols shall be adhered to and entry refused to any persons who can be identified as currently under Pubwatch ban.
2.6 Staff shall be trained to observe the measures necessary to promote the licensing objectives.
2.7 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.
2.8 Any drinks promotions shall not adversely affect the promotion of responsible drinking.
2.9 Non-alcoholic drinks will be available at all times.
2.10 Any 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 of a Responsible Authority.
2.11 A zero tolerance towards illegal drugs shall operate at all times
2.12 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
2.13 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.14 Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
2.15 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.16 Appropriate measures shall be taken to ensure that staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
2.17 The licence holder and all managers shall be suitably trained in all aspects of the safe and efficient running of the venue.
2.18 No person in possession of a drink in a sealed or unsealed container will be allowed to enter the premises except for the purposes of delivery.
2.19 No drink will be removed from the premises in an unsealed container.
2.20 Only Toughened glass vessels will be used to dispense draught beers to customers.
2.21 Any patrons who disregard the advice of the door staff will subsequently be denied entry to the premises until the Licence holder is satisfied that they will conduct themselves in a satisfactory manner.
2.22 When door supervisors are on duty, an effective method of controlling the number of persons in the premises shall be maintained at all times by the use of clicker devices or by such other equally effective means of control. Written confirmation of procedures / occupancy numbers shall be provided to door staff.
2.23 Adequate first aid provision and fire-fighting will be available at all times on the premises.
2.24 The licence holder and all managers will be suitably trained in all aspects of the safe and efficient running of the venue
2.25 Suitable double glazing shall be provided and maintained to all windows to the front and rear elevations of the premises as well as to the glazed roof area on the first floor at the rear of the premises.
2.26 The Premises Licence Holder shall operate in accordance with all relevant legislation which promotes the public nuisance objective including but not limited to the Environmental Protection Act 1990 and the Noise Act 1996.
2.27 The volume of amplified sound used in connection with entertainment shall at all times be under the control of the management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.28 The large glass windows which make up the ground floor frontage of the building shall not be opened after 20.00hrs on any day.
2.29 No nuisance will be caused by noise coming from the premises or vibration transmitted through the structure of the premises.
2.30 Customers shall be encouraged to leave the premises in a quiet and orderly manner.
2.31 The departure of customers from the premises shall be effectively managed by staff who will request patrons to leave quietly and to avoid causing noise, nuisance or disturbance to local residents.
2.32 Customers who regularly leave the premises in a noisy manner, potentially causing noise, nuisance or disturbance to local residents shall be banned from the premises.
2.33 All doors and windows shall be closed during the performances of regulated musical entertainment except for access and egress, in the event of an emergency or as required by a Responsible Authority.
2.34 Regular assessments of the noise coming from the premises will be conducted when the premises are used for regulated entertainment and steps will be taken to reduce the level of noise where it is likely to cause a disturbance to local residents.
2.35 No deliveries, removal of bottles, refuse and other commercial vehicle movements onto the premises will take place before 0730 hours and after 2000 hours.
2.36 Arrangements shall be made for the storage and disposal of refuse which do not cause a nuisance.
2.37 There will be placed at all exits from the premises, in a place where they can be seen and easily read by patrons, notices requiring customers to leave the premises and the area quietly.
2.38 The Challenge 21 Proof of Age policy will be supported and rigorously enforced. Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: photo driving licence;
passport;
Proof of Age Standards Scheme Card.
2.39 All staff shall have received suitable training in relation to the proof of age scheme and records to evidence this shall be made available to an authorised officer upon request.
2.40 A notice or notices will be displayed in the premises where they can be clearly seen and read indicating that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 Seating in the ground floor area will be provided for at least 70% of the total maximum capacity of that part of the premises as detailed in this licence. Similarly, seating will be provided in the upstairs room for at least 50% of the total maximum capacity of that part of the premises as detailed in this licence.
3.2 The maximum occupancy of the first floor of the premises will be120 persons. The maximum occupancy of the ground floor of the premises will be determined by the current, properly recorded, risk assessment but will not exceed 100 persons.
3.3 The primary purpose of the ground floor of the premises shall be that of a restaurant serving food, with the sale of alcohol secondary.
3.4 The provision of food, including full meals and snacks will form a substantial element of the operation of the first floor 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.
3.5 Substantial meals will be available on the premises up until at least 9.30pm on a daily basis.
3.6 The licence holder and / or the designated premises supervisor shall be a member of the Pubwatch Scheme and attend regular meetings.
3.7 There shall be no drinks promotions which would contravene the British Beer and Pub Association Standards for the Management of Responsible Drinks Promotions, or which may encourage binge drinking.
3.8 The premises shall maintain a drinks pricing policy which complies with any Local Authority resolution, made in accordance with approval from the local Pubwatch or any successor liaison body recognised by the Licensing Authority.
3.9 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 will be informed if anyone is found in possession of controlled substances or weapons.
3.10 All staff shall receive suitable training, in particular in relation to the prevention of underage sales and sales to drunken persons. Records of such training will be available to an authorised person upon request.
3.11 An incident book will be maintained, in which shall be recorded
a. All incidents of crime and disorder
b. Refused sales to suspected under age / drunken persons
c. A record of any person refused admission or asked to leave the premises
d. Details of occasions upon which the Police are called to the premises
e. The use or discovery of drugs
3.12 The incident book shall be available for inspection by a Police Officer or authorised person.
3.13 A record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor. The record shall contain the following details:
i. Name, address
ii. Date of birth
iii. SIA licence number
iv. Time commenced duty and time terminated duty
The record shall be available for inspection on demand by an authorised person, the SIA or a Police Constable.
3.14 In the event of a Pavement Cafe licence being in force for the outside area, the following 5 conditions shall apply:
In the outside area, the supply of intoxicating liquor will be by waiter/waitress service only and only to persons seated at tables.
The outside area is to be in a defined area, with a removable barrier enclosing the tables and chairs.
The outside area is to be closed by 8pm on a daily basis. All furniture in the outside area is to be either fixed or, if not fixed, to be removed from the area prior to 8.30pm on a daily basis.
The outside area of the venue will be checked by a competent person at intervals of a minimum of 30 minutes.
The capacity for the outside area is 10 persons, all of whom must be seated.
3.15 CCTV will be installed internally and externally at the premises and will be compliant with Data Protection legislation and comply with the following:-
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.
The system will display on any recording the correct time and date of the recording.
The system will make recordings during all hours the premises are open to the public.
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 a Responsible Authority for inspection upon request.
The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
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 to a Police Officer or to a Local Authority Enforcement Officer.
3.16 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.
3.17 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.18 Annually documented maintenance checks of the CCTV system, including the recording system will be undertaken by the Licence Holder to ensure that the system is in good working order and fit for purpose.
3.19 An adequate number of licensed door supervisors will be on duty as appropriate to any risk assessment. However, there will always be at least one door supervisor employed at the premises on Fridays and Saturdays and any Bank Holiday Sundays from 21.00 hours and until close of business for that day.
3.20 No admittance of customers to the premises after midnight.
3.21 There shall be no live amplified entertainment after midnight.
ANNEX 4 - PLANS
See attached plan referenced FY PL0294.