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 No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the premises that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.
d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor. However, an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
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 An appropriate number of licensed door supervisors shall be on duty whenever the premises are open for the purpose of a licensable activity or when patrons are upon the premises.
2.2 Sufficient door staff shall be employed to ensure the dispersal of patrons from the curtilage and grounds of the licensed premises immediately after the end of each period of licensable activity.
2.3 The licence holder and Designated Premises Supervisor shall fund the employment by the Local Authority of one of the door supervisor team for a period of one hour after licensable activity has ceased upon the licensed the premises.
2.4 Suitable and sufficient CCTV surveillance systems shall be provided and maintained.
2.5 The licence holder and Designated Premises Supervisor shall ensure that only toughened glass vessels are used to dispense beverages to customers.
2.6 At least one personal licence holder will be available while the supply or sale of alcohol is being undertaken who’s identity will be known to all other staff engaged in the supply or sale of alcohol.
2.7 The premises shall participate in the “Pubwatch” and “Radiolink” schemes.
2.8 Signage (in a form approved by the Licensing Authority) shall be erected and maintained on or adjacent to all staffed exits advising patrons of the street drinking order and the intention of doorstaff to enforce a “No exit with a bottle” policy.
2.9 A drinks pricing policy shall be maintained which complies with any Local Authority resolution made in accordance with approval from the Licensees Forum or any successor liaison body recognised by the Licensing Authority.
2.10 A record of incidents involving the use and/or detection of drugs shall be maintained and records made available for inspection.
2.11 Risk assessments carried out by or on behalf of the licence holder which relate to a licensing objective shall be available to the Responsible Authorities.
2.12 Frequent collection of glasses and bottles shall be undertaken to ensure that empty containers do not accumulate in or around the licensed premises.
2.13 Ventilation systems shall be maintained to satisfy the appropriate Building Regulations.
2.14 Free cold drinking water shall be available on request and shall provide adequate supplies of chilled soft drinks and bottled water available for sale at the bar(s).
2.15 A clear and conspicuous notice shall be erected and maintained in a prominent position requesting patrons to avoid causing noise, nuisance or disturbance to local residents.
2.16 Staff arriving before 0900 hrs or departing late at night when the business has ceased trading shall conduct themselves in such a manner to avoid disturbances to nearby residents.
2.17 Litter dropped on the patio area of the licensed premises shall be collected and removed, at the licence holders expense, at a frequency of not less than sixty minute intervals during opening hours. The collection and removal of litter is to include the washing away to the gutter of spilled food and similar materials so as the leave the footway in a clean, safe and wholesome condition.
2.18 Noise or vibration shall not be allowed to emanate from outside the premises such as to cause persons in the neighbourhood to be disturbed.
2.19 Cooking, noxious or persistent smells generated at the premises shall not cause nuisance to nearby properties, and that the premises shall be adequately ventilated to the satisfaction to the relevant department of the Local Authority,
2.20 Unaccompanied children shall not be permitted on the premises.
2.21 There shall be no entertainment of an adult or sexual nature at the premises.
2.22 Suitable training for sales staff in relation to the proof of age scheme to be applied upon the premises shall be adopted and maintained. The training records shall be available to an authorised officer upon request.
2.23 A sufficient number of signs shall be erected and maintained at each bar or alcohol sales point informing customers that sales will not be made to persons under 18 years of age except when provided with table meals subject to the provisions of the Licensing Act 2003.
2.24 The licence holder and the Designated Premises Supervisor shall ensure that the maximum number of person allowed on the premises shall not exceed the capacity of 110.
2.25 When door supervisors are on duty, an effective method of numbers control shall be maintained at all times by the use of clicker devices.
2.26 The disposal of empty bottles into external containers shall take place after 9am.
2.27 Where this is reasonable suspicion that drugs are being carried, the licensee shall ensure that the outer clothing, pockets and bags of those entering the venue and searched by a trained staff member of the same sex. Where a member of staff from the opposite sex is unavailable, the searching member of staff shall request any bag and outer coat to be removed from the person and then searched. If suspicion that drugs are still being carried but nothing found in searching the person, admittance shall be refused to that person.
2.28 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the club is open to the public. This staff member will be able to show police recent data or footage with the absolute minimum of delay when requested. This data or footage reproduction should be also instantaneous.
2.29 The premises shall be equipped with a closed circuit television system which meets the criteria detailed in Lancashire Constabulary’s Guidance document CCTV/AW1 and which is well maintained and fully functional during the hours the premises are open to members of the Public.
2.30 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
2.31 Designated door supervisors/security placed at the entrance/exit of the premises shall wear a reflective jacket, tabard, or armband of a design approved by the Lancashire Constabulary.
2.32 The Premises Licence Holder shall subscribe to the drinks promotions under Nightsafe to help stop binge drinking and other drinking related issues.
2.33 All staff shall be trained in what to look for and how to identify customers who have taken drugs and how to identify drug dealers. This training shall be carried out by a reputable organisation such as Drugsline.
2.34 Staff who suspect any person/s to be in possession of non prescription drug/s must inform security/management immediately.
2.35 If any person/s is found to be in possession of drugs the following procedure shall be put into action:
i) Substances shall be confiscated.
ii) Substances shall be logged and locked in drug-safe
iii) Personal details shall be logged in an incident book
iv) If amount is believed to be personal use the person/s shall be escorted from the premises.
v) If amount does not warrant personal use, the person/s will be held and the appropriate authorities shall be informed immediately.
2.36 Designated security shall monitor customers entering the premises, with a random drug-search policy in place; a clear and visible sign will be displayed to inform customers of this policy and that if any person is found to be in possession of non prescription drugs they shall be reported to the police.
2.37 Clear visible notices, in a form prescribed by the Council, shall be displayed advising those attending that:
i) It is a condition of entry that customers agree to be searched.
ii) Police will be informed if anyone is found in possession of controlled substances or weapons.
2.38 Persons aged under 18 years shall not be permitted to enter the premises after 2200 hours.
2.39 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure such arrangements include regular checks of the toilet areas.
2.40 Confiscated and found drugs shall be stored, disposed, transferred in accordance with procedures agreed with the Lancashire Constabulary.
2.41 A drugs prevention strategy for the venue shall be developed and applied. The 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.
2.42 The licence holder is 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: UK photo driving licence, passport, Proof of Age Standards Scheme Card.
2.43 No drinks shall be consumed outdoors after 2300.
2.44 The French windows at the premises must be kept closed after 2230, save for access and egress to the premises or in case of an emergency.
Annex 3 - Conditions attached after a hearing by the Licensing Authority
N/A
Annex 4 - Plans
See attached plan referenced FYPL 0088