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) 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.
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
CCTV shall be installed internally and externally at the premises and shall comply with the following; a. The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises shall 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. b. The system shall display on any recording the correct time and date of the recording. c. The system shall make recordings during all hours the premises are open to the public. d. 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 a Responsible Authority for inspection upon request. e. The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises
2.2
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 a Police Officer or to a Local Authority Enforcement Officer.
2.3
Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
2.4
All refusals shall be recorded in a refusals book kept in store and monitored by the store manager.
The refusals book shall contain;
i. Details of the time, day and date the refusal was made
ii. The name of the staff member refusing the sale
iii. A description of the young person attempting to purchase
iv. Details of the alcohol the young person attempted to purchase
2.5
Whenever the Designated Premises Supervisor is not at the premises another person shall be nominated by them to be the responsible person to manage the premises.
2.6
An authorisation of sales, 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.
2.7
At least one Personal Licence holder shall be available (this does not mean necessarily present at the premises) at all times that alcohol is on sale.
2.8
The Premises Licence Holder shall operate 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.
2.9
Adequate first aid provision shall be available at all times.
2.10
A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
2.11
A notice shall be displayed where it can be clearly seen and read warning that it is unlawful for persons under 18 to purchase alcohol and for any person to purchase alcohol on behalf of a person under 18 years of age.
2.12
A Challenge 25 proof of age policy shall be implemented and adhered to. All staff shall receive 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.
2.13
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.
2.14
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 refresher training shall take place at a minimum of every 6 months. Records to evidence this shall be made available to an authorised officer upon request.
2.15
Suitable signage shall be displayed to specify that a Challenge 25 Policy is in place.
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
N/A
ANNEX 4 - PLANS
See attached plan ref FY PL0430