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 premises shall be provided with adequate lighting.
2.2 When door supervisors are in attendance, and when the Town Centre radio link is operable, they shall be provide with a “walkie-talkie” to communicate with other licensed premises in the area.
2.3 Emergency lighting shall be installed at the premises and adequate escape routes shall be provided.
2.4 Overcrowding shall not be permitted in any part of the premises.
2.5 There shall be adequate first aid provision and a first aider shall be on site when the premises are open.
2.6 There shall be adequate seating on all floors.
2.7 Litter shall be cleared to preserve the character of the premises.
2.8 Any loading shall take place in a private area at the rear of the premises.
2.9 There shall be no light pollution.
2.10 Notices shall be on display requesting patrons to leave the premises quietly.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The consumption of alcohol on the ground floor shall be by persons having hair services, beauty services or waiting for these services and shall be by waiter/ess service only.
3.2 Seating in the first and second floor bar areas shall be provided in at least 70% of the total area of that part of the premises.
3.3 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) except in the case of an emergency.
3.4 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.
3.5 The premises shall be operated in accordance with the principles outlined by the Nightsafe Scheme, as are relevant to the premises as indicated in the associated leaflet.
3.6 The premises shall be operated in participation with the “Pubwatch” scheme and the licence holder and/or DPS shall attend regular meetings.
3.7 Risk assessments carried out by or on behalf of the Licence holder, which relate to a licensing objective shall be available for inspection by a Police Officer or a representative of a Responsible Authority.
3.8 The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and is provided and maintained to the satisfaction of the enforcement authorities.
3.9 Where CCTV is installed with recording facilities, such recording shall be retained for a period of 30 days and made available within a reasonable time upon request by the enforcement authorities.
3.10 The Police Licensing Unit shall be notified on any occasion when the CCTV or radio system 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.
3.11 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.
3.12 Any individual employed on the premises to carry out a security activity must be licensed by the SIA.
3.13 All doorstaff employed at the entrance/exit of the licensed premises shall wear a reflective jacket/armband of a design approved by the Lancashire Constabulary and the Local Authority.
3.14 All doorstaff shall comply with SIA requirements relating to the availability of registration documents for inspection.
3.15 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.
3.16 The licence holder and the DPS are to support and rigorously enforce the Challenge 21 Proof of Age policy. 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:
i. photo driving licence;
ii. passport;
iii. Proof of Age Standards Scheme Card;
iv. any other locally or nationally approved form of identification which may be introduced in the future.
3.17 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 shall be made available to an authorised officer upon request.
3.18 All children must be accompanied by an appropriate adult.
3.19 Children under the age of 16 shall not be permitted entry to the premises, or to be permitted to remain on the premises after 9pm.
3.20 Last entry to the premises shall be at 11.30pm and no person shall be allowed access to the venue after that time.
3.21 The premises shall be cleared and the doors closed by 12.20am.
3.22 Only toughened glass vessels shall be used to dispense beverages to customers.
3.23 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.
3.24 There shall be no drinks promotions which would contravene the British Beer and Pub Association Standards for the Management of Responsible Drinks Promotions, including happy hours, or the Social Responsibility for the Production and Sale of Alcoholic Drinks in the UK.
3.25 A drugs prevention strategy for the venue shall be developed and applied. This strategy shall include arrangements for the location of posters and the distribution of other information relating to drugs risks, the dangers associated with drugs and the legal provisions relating to drug use.
3.26 Where there is reasonable suspicion that drugs are being carried, the DPS shall ensure that the outer clothing, pockets and bags of those entering the venue are searched by a trained staff member of the same sex.
3.27 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.
3.28 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
3.29 Any customers known to have been previously convicted of committing criminal offences relating to drugs shall be excluded from the premises.
3.30 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
3.31 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
3.32 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.
3.33 The Licence holder shall ensure that the arrangement for the storage of empty bottles prevents unauthorised access to those bottles.
3.34 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.35 The licence holder shall ensure free cold drinking water is available on request and that an adequate supply of chilled soft drinks and bottled water should be available for sale at the bar(s).
3.36 Off sales from the premises shall be in sealed containers only. Any unfinished bottles of wine must be re-corked before being taken away from the premises.
3.37 During the performance of regulated entertainment, specifically live music and/or DJ’s, all doors and windows shall remain closed except for access and egress.
ANNEX 4 - PLANS
See attached plan referenced FY PL0295.