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 CCTV shall be installed internally and externally at the premises and shall comply with the following -
The CCTV shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises shall be covered by the system.
The system shall display on any recording the correct time and date of the recording.
The system shall make recordings during all hours that the premises are open to the public.
The VCR tapes or digital recording shall be held for a minimum of 31 days and 28 days respectively after the recording is made and shall be made available to the police or any authorised persons acting for a responsible authority for inspection upon request.
The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises.
2.2 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the premises are open to the public. This staff member shall be able to show police recent data or footage with the absolute minimum of delay, when requested.
2.3 The Licence Holder or Designated Premises Supervisor shall notify the Police Licensing Unit on any occasion when the CCTV or radio systemis 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.
2.4 Appropriate signs informing customers that CCTV is recording shall be displayed in conspicuous positions on the premises.
2.5 Monthly documented maintenance checks of the CCTV system, including the recording system, shall be carried out by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
2.6 The Local Authority CCTV control room shall be notified -
a) On any occasion when the premises CCTV or radio system is inoperative.
b) When the CCTV or radio system has been brought back into use.
2.7 The premises are to be operated in accordance with the principles outlined by the “Nightsafe Scheme” as are relevant to the premises and indicated in the associated leaflet.
2.8 An adequate number of Licensed door supervisors will be on duty as appropriate to any risk assessment and in accordance with the guidance under the “Nightsafe Scheme”.
2.9 The licence holder shall support and rigorously enforce the Challenge 25 proof of age policy.
2.10 Any person who looks or appears to be under the age of 25 shall be asked to provide identification that proves 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.
2.11 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.
2.12 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 authorised officer.
2.13 Only toughened glass vessels shall be used to dispense beverages to customers inside the premises.
2.14 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit from the premises.
2.15 The licence holder shall ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
2.16 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.17 The placing of refuse such as bottles shall take place between 08.00 and 22.00 so as to avoid causing disturbance to nearby premises.
2.18 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.
2.19 The volume of amplified sound used in connection with any regulated entertainment shall at all times be under the control of the licence holder or management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.20 All internal lobbied doors to any entrance/exit point, fire exit doors and external windows shall be closed during hours of any regulated entertainment except in the event of an emergency and save for the purposes of access and egress.
2.21 Noise from any regulated entertainment, mechanical ventilation or refrigeration plant shall not exceed background levels at the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre agreed limit, which does not cause unreasonable disturbance to the residents of those properties or their guests.
2.22 Regular assessments of the noise coming from the premises during regulated entertainment shall be made and the noise level adjusted accordingly.
2.23 The Licence Holder shall ensure that noise or vibration shall not emanate from the premises such as to cause disturbance to persons in the neighbourhood.
2.24 The Licence Holder shall ensure that staff arriving before 09.00 or leaving late at night when the premises have ceased trading conduct themselves in such a manner as to avoid disturbance to local residents and neighbours.
2.25 Unaccompanied children shall not be allowed on the premises.
2.26 The Licence Holder shall erect and maintain a sufficient number of signs at each bar or alcohol sales point informing customers that sales of alcohol shall not be made to persons under the age of 18.
2.27 A least one personal licence holder shall be available while the supply of alcohol is being undertaken (whose identity shall be known to all other members of staff engaged in the supply or sale of alcohol) except in the case of emergency.
2.28 Another member of staff shall be nominated to act for the Designated Premises Supervisor, in their absence, whose identity shall be known by all other staff when such absence occurs.
2.29 The maximum number of persons to be accommodated in the premises or in any particular part of the premises at any one time shall be 80.
2.30 No entertainment of an “adult” or “sexual” nature shall take place on the premises.
2.31 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity of the premises.
2.32 Food shall be available whenever the premises are open to the public up to 22.00.
2.33 The supply of intoxicating liquor shall only be to persons purchasing food for consumption on the premises or in the case of takeaways food limited to the supply of beer or wine.
2.34 The outdoor area marked yellow on the plan of the premises shall be licensed for the supply of alcohol during licensed hours. It shall be enclosed with a rope barrier supported by poles. It shall be closed to the public by 23.00 each night and clear and conspicuous signs shall be placed informing customers of that.
2.35 On New Year’s Eve the hours for licensable activities shall be extended until 01.00 hours on the 1st of January with the premises closing at 01.30 hours.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEX 4 - PLANS
See attached plans ref FY PL0404.