ANNEX 1 - MANDATORY CONDITIONS
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
Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
A responsible person is defined in S153(4) of the Licensing Act 2003 as:
(a) in relation to licensed premises-
(i) the holder of a premises licence in respect of the premises,
(ii) the designated premises supervisor (if any) under such a licence, or
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,
(b) 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 him to prevent the supply in question.
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(a);
(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(b).
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 Notices shall be displayed at public exits, in a clear and prominent position, requesting that patrons respect the needs of any local residents and leave the premises and the area quietly.
2.3 The grounds of the premises shall be kept tidy and regular checks shall be undertaken to ensure this.
2.4 A Challenge 25 policy shall be adopted and enforced at the premises whereby any person who looks to be under the age of 25 shall be asked to provide identification to prove that they are over the age of 18. The following forms of identification are acceptable as proof:
Passport
UK Photocard driving licence
Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.
Any other form of identification agreed with the Police Licensing Unit
3.26 All staff who are involved in the sale of alcohol shall be trained in relation to the Challenge 25 policy upon commencement of their employment following which they will undertake refresher training at suitable intervals. Said training shall be documented and made available to an authorised officer upon request.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 The primary purpose of the premises will be that of a restaurant / bistro/ cafe serving food, with additional occasional use for pre-arranged events and functions. The sale of alcohol will be ancillary to these uses.
3.2 At least one personal licence holder will be contactable while 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 emergency.
3.3 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.
3.4 Security/staff arrangements will be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of toilet areas.
3.5 Records of incidents involving the use and / or detection of drugs shall be maintained and those records shall be available for inspection.
3.6 Confiscated and found drugs shall be stored and transferred to the Police in accordance with procedures agreed with the Lancashire Constabulary.
3.7 No person in possession of an alcoholic drink in a sealed or unsealed container will be allowed to enter the premises except for the purposes of delivery.
3.8 No alcoholic drink will 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.
3.9 An incident book will 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 will be available for inspection by a police officer.
ANNEX 4 - PLANS
See attached plan referenced FY PL0360