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 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. Said training shall be documented and shall be made available to an authorised officer upon request.
2.2 Food shall be available at the premises at all times that the premises is open to the public and alcohol shall only be sold as an accompaniment to food or to those who have partaken in a table meal.
2.3 The provision of food shall form a substantial element of the operation of the premises.
2.4 There shall be sufficient seating at the premises to ensure that seating is available for all customers.
2.5 The supply of alcohol shall be by waiter / waitress service only and only to persons who are seated.
2.6 An authorisation, signed and dated by the Designated Premises Supervisor, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
2.7 Any external smoking area must be adequately supervised. No drinks shall be permitted in this area.
2.8 At least one personal licence holder shall be available while the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the event of an emergency.
2.9 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.
2.10 No customers shall be admitted to the premises after 23:00 each day. For the avoidance of doubt, this condition shall not apply to those customers who were on the premises prior to 23:00, and who have subsequently exited the premises for the purpose of smoking.
2.11 CCTV shall be installed internally and externally at the premises and shall 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 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 recordings shall be held for a minimum of 31 days 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,so long as said request is in accordance with the principles of the Data Protection Act, or any subsequent or alternative legislation.
The system shall cover all public areas of the premises, with the exception of the toilets.
2.12 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, so long as said request is in accordance with the principles of the Data Protection Act, or any subsequent or alternative legislation.
2.13 The Licence Holder or Designated Premises Supervisor 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.
2.14 Appropriate signs informing customers that CCTV is recording shall be displayed in conspicuous positions on the premises.
2.15 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.
2.16 Any door staff employed at the entrance/exit of the licensed premises shall wear a reflective jacket/tabard of a design approved by Lancashire Constabulary.
2.17 An incident book shall be maintained in which shall be recorded:-
i All incidents of crime and disorder
ii Refused sales to suspected under-age and drunken persons
iii A record of any person asked to leave the premises or removed from the premises
iv Details of occasions on which the police are called to the premises
v A record of persons searched on suspicion that drugs are being carried and the reason for such suspicion
The book shall be available for inspection by a police officer.
2.18 Any person who appears to be intoxicated or who is behaving in a disorderly manner shall not be allowed entry to the venue. Any person within the premises who appears to be intoxicated or who is behaving in a disorderly manner shall be given care and consideration in leaving the venue.
2.19 All staff are to have received suitable training with regard to serving drunks. All staff are to receive regular refresher training at intervals of a maximum of six months. Records to evidence this shall be made available to an authorised officer upon request.
2.20 Security arrangements are sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
2.21 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.22 Confiscated and found drugs shall be stored, disposed, transferred correctly.
2.23 Regular assessments shall be made of any noise emanating from the premises. Wherever said assessments indicate that noise is likely to cause nuisance to any residents or businesses in the vicinity, steps shall be taken to reduce the level of noise.
2.24 A clear, legible and conspicuous notice shall be displayed at each public exit requesting patrons to avoid causing noise, nuisance or disturbance upon leaving the premises.
2.25 Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the premises. Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.26 The licence holder is to 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 to evidence 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.
2.27 Upon commencement of their employment, all staff who are involved in the sale of alcohol are to receive suitable training in relation to the proof of age scheme to be applied at the premises. All staff are to receive regular refresher training at intervals of a maximum of six months. Records to evidence this shall be made available to an authorised officer upon request.
2.28 Functions which specifically target young people aged 17-18 years (for example birthday parties) shall not be allowed to take place on the premises.
2.29 Any person under the age of 16 must be accompanied by a responsible adult and remains the responsibility of the accompanying adult at all times when using the premises. Members of staff are not allowed to be in sole supervision of children.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING OF THE LICENSING AUTHORITY
ANNEX 4 - PLANS
See attached plan FY PL0435