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.
1.3 The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made by
a. The British Board of Film classification (BBFC) where the film has been classified by that Board, or
b. the Licensing Authority where no classification certificate has been granted by the BBFC or where the licensing authority has notified the licence holder that section 20 (3) (b) of the Licensing Act 2003 applies to the film.
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 entertainment and events shall be notified to the local Police Events Officer.
2.2 Risk Assessments and Public Liability Insurance documents shall be completed by all individuals or organisations not commissioned by Fylde Borough Council to entertain.
2.3 Organisations and individuals commissioned by Fylde Borough Council to entertain shall be covered by Fylde Borough Councils Public Liability Insurance. Such organisations and individuals shall conduct their own risk assessments.
2.4 Risk assessments and Public Liability Insurance policies shall be reviewed annually and details kept on file.
2.5 Levels of amplification and noise levels shall be monitored and if deemed excessive the individual or organisation shall cease the performance.
2.6 The Premise Licence Holder shall contact an officer from the Consumer Wellbeing and Protection Unit at Fylde Borough Council at least 14 days prior to an event taking place.
2.7 Any proposed event shall be subject to a Police veto if it is believed that the holding of the event shall be contrary to any of the four licensing objectives.
2.8 Sales of alcohol shall only take place at organised events within Lowther Gardens.
2.9 Licensed SIA security staff shall be present at any point where alcohol is supplied and at any performance space.
2.10 Plastic glasses shall be used whenever possible.
2.11 Regular collections of rubbish shall take place.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 A Challenge 25 proof of age policy shall be implemented and adhered to. 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:
· A recognised proof of age scheme accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS).
· Photo driving licence.
· Passport.
· 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 will be refused. Suitable signage shall be displayed to specify the Challenge 25 policy is in place
3.2. All staff to have received suitable training in relation to the proof of age scheme. Refresher training on underage sales to be provided to all staff every three months. Records to evidence this shall be made available to an authorised officer upon request
3.3. Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
3.4. Appropriate measures shall be taken to ensure staff prevent the removal of bottles or glasses from the curtilage and grounds of the licensed premises or any outside area under the control of the Premises Licence holder.
3.5. 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.
3.6. An incident recording system 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
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 an officer or a Responsible Authority.
3.8. On occasions where music festivals take place with over 100 people the following shall apply:
• Only plastic glasses will be used to dispense beverages to customers.
• Lancashire Constabulary and Fylde Council will be notified at least 7 days before the event is to take place with an Event Management Plan.
• Any persons under 16 will be accompanied by a responsible adult at all times
• A personal licence holder or member of management will be on duty at all times save for an emergency.
• A drugs prevention strategy will be in place.
• Records of incidents involving the use, and/or detection of drugs shall be maintained and those records shall be available for inspection. Confiscated and found drugs shall be transferred to the police in accordance with procedures agreed with Lancashire Constabulary.
• CCTV equipment shall be installed and maintained in good working order in accordance with the manufacturer’s instructions. All entrances, exits and bar areas to be covered by the system and, where practical, additional cameras located in other public areas of significant activity within the premises. The system shall record images of the head and shoulders of all persons entering the premises for identification purposes.
• Images shall be retained in unedited form for not less than 21 days. A staff member who is conversant with the operation of the CCTV system shall be on the premises when 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 a Police officer or to a Local Authority Enforcement Officer/Authorised person.
ANNEX 4 - PLANS
See attached plan referenced FY PL0468