Annex 1 - Mandatory Conditions
No supply of alcohol may be made under the premises licence:-
(a) at a time when there is no designated premises supervisor in respect of the premises
licence,
or
(b) at a time when the designated premises supervisor does not hold a personal licence or
his personal licence is suspended.
Every supply of alcohol under the premises 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 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.
2.2 The premises shall be operated in participation with the ‘Pubwatch’ scheme (radio link if applicable).
2.3 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. They shall maintain public safety and control queues as ecessary.
2.4 Appropriate measures will be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises.
2.5 Where Radiolink equipment is in use it shall be ‘live’ and be monitored by the Head Doorman or another responsible person while the licensed premises are open for business.
2.6 Only toughened glass vessels shall be used to dispense beverages to customers.
2.7 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.
2.8 No member of staff shall sell alcohol unless they hold a current personal licence or an authorisation from the designated premises supervisor or other personal licence holder who is satisfied as to their competence to make such sales.
2.9 A 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 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.
2.11 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.
2.12 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 During the final hour of daily trading, appropriate announcements shall be made or images 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.
2.16 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.
2.17 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.18 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
2.19 Appropriate Health and Safety arrangements shall be in place for the premises
2.20 Appropriate safety certificates shall be obtained annually and shall be available for inspection.
2.21 All deliveries to the premises shall take place between 08.00 hours and 22.00 hours.
2.22 Unaccompanied children shall not be allowed on the premises at any time and accompanied children shall not be allowed to enter or remain on the premises after 20:00 hours.
2.23 The provision of any amplified music at the premises shall be limited to background music only.
Annex 3 - Conditions attached after a hearing by the Licensing Authority
3.1 The premises shall not be occupied by more than 280 persons at any time.
3.2 CCTV will be installed internally and externally at the premises and will comply with the following:
i. The system will display on any recording the correct time and date of the recording
ii. VCR tapes or digital recording shall be held for a minimum of 31 days and 21 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.
iii. The system will, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.3 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.
3.4 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.
3.5 Bi-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.
3.6 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.7 The Licence Holder and the Designated Premises Supervisor are to support and rigorously enforce a 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
OR any other nationally or locally approved form of identification which may be introduced in the future.
If no suitable identification is provided, sale of alcohol to them will be refused.
3.8 Signs promoting the Challenge 25 policy shall be prominently displayed at public entrances and alcohol sales areas.
3.9 All staff to have received suitable training in relation to the proof of age scheme to be applied upon the premises and to be refreshment at least every six months. Records to evidence this will be made available to an authorised officer upon request.
Annex 4 - Plans
See attached plan referenced FYPL0180