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 The primary purpose of the premises shall be that of real ale bar/beer-café where the provision of food is an important element of the premises’ operation.
2.2 Sufficient furniture and seating shall be provided and set out so it does not become a high volume, vertical drinking establishment.
2.3 At least one personal licence holder shall be contactable 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 case of emergency.
2.4 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.
2.5 All pint glasses, used at the premises, shall be made of toughened glass or polycarbonate.
2.6 CCTV shall be installed internally and externally at the premises and shall 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 shall incorporate a camera covering each of the entrance doors and shall be capable of providing an image which is regarded as identification standard.
ii. The system shall display on any recording the correct time and date of the recording.
iii. The system shall 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 shall be made available to the Police or any authorised persons acting for Responsible Authority for inspection upon request.
v. The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises.
2.7 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.
2.8 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
2.9 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
2.10 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.11 No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.
2.12 No drink shall be removed from the premises in an unsealed container save for unfinished bottles of wine which must be re-corked before being taken away from the premises.
2.13 Off sales from the premises shall be in sealed containers only.
2.14 The premises licence holder shall risk assess, with regard to the requirement for door supervisors at the premises and shall employ door supervisors in such numbers and at such times as is deemed necessary by the risk assessment. This requirement to provide door supervisors as determined by risk assessment shall equally apply in respect of private functions and ticketed events where admission is only permitted by ticket purchased in advance.
2.15 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
2.16 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.
2.17 An incident book shall be maintained in which shall be recorded:-
a. All incidents of crime and disorder
b. Refused sales to suspected under-age and drunken persons
c. A record of any person asked to leave the premises or removed from the premises
d. Details of occasions on which the police are called to the premises
e. 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 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.
2.19 All staff who are involved in the sale of alcohol shall be trained in relation to the licensing objectives Said training shall be documented and shall be made available to an authorised officer upon request.
2.20 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 premises.
2.21 No entertainment of an "adult" or "sexual" nature shall take place on the premises.
2.22 The Premises shall be operated in accordance with all relevant legislation which promotes the public safety objective including, but not limited to, the Health and Safety at Work etc Act 1974 and associate regulations, the Food Safety Act 1990, the Regulatory Reform (Fire Safety) Order 2005 and the Disability Discrimination Act 1995.
2.23 Adequate first aid provision and fire-fighting equipment shall be available at all times on the premises.
2.24 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.
2.25 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.
2.26 No speakers shall be sited outside of the premises.
2.27 Whenever regulated entertainment is taking place, 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 local residents, remedial steps shall be taken to reduce the level of noise.
2.28 The departure of customers from the premises shall be effectively managed by staff who shall request patrons to leave quietly and to avoid causing noise, nuisance or disturbance in the area.
2.29 Suitable containers shall be provided for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather. This shall include any external receptacles provided for the disposal of all discarded smoking related litter, so as to prevent waste litter being deposited onto the highway.
2.30 There shall be placed at all exits from the premises, in a place where they can be seen and easily read by patrons, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance in the vicinity.
2.31 A Challenge 25 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 25 proof of age scheme. Records to evidence this shall be made available to an authorised officer upon request.
2.32 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. A recognised proof of age card accredited under the British Retail Consortium's Proof of Age Standards Scheme (PASS)
ii. Photo driving licence
iii. Citizen card supported by the Home Office
iv. Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.
If no suitable identification is provided, the sale of alcohol to them shall be refused.
2.33 All staff who are involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. All staff are to receive regular refresher training at suitable intervals. Records to evidence this shall be made available to an authorised officer upon request.
2.34 Suitable signage shall be displayed to specify that a Challenge 25 Policy is in place.
2.35 Any children under 16 shall remain the responsibility of the accompanying adult when using the premises; Staff are not allowed to be in sole supervision of children which remains the responsibility of the accompanying adult at all times.
2.36 Children under 16 shall vacate the premises by 22.00hrs unless partaking in a meal or family function.
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 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.
3.2 Any children under 18 shall remain the responsibility of the accompanying adult when using the premises; Staff are not allowed to be in sole supervision of children which remains the responsibility of the accompanying adult at all times.
3.3 Children under 18 shall vacate the premises by 22:00 hours.
3.4 Throughout the entire duration of Lytham Festival and Lytham Club Day, only polycarbonate drinking vessels are to be used throughout all hours of licensable activity.
3.5 Functions which specifically target young people aged 17-18 years (for example 18th birthday parties) shall not be allowed to take place on the premises.
3.6 Throughout the entire duration of Lytham Festival and Lytham Club Day, a minimum of one SIA licensed door supervisor is to be on duty during all hours of licensable activity. At all other times the premises licence holder shall risk assess, with regard to the requirement for door supervisors at the premises and shall employ door supervisors in such numbers and at such times as is deemed necessary by the risk assessment. In preparing the risk assessment, the premises licence holder shall consult Lancashire Constabulary and take into account any advice provided. These requirements shall equally apply in respect of private functions and ticketed events where admission is only permitted by ticket purchased in advance.
ANNEX 4 - PLANS
See attached plan ref FY PL0545