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 This Premises Licence and the conditions attached hereto shall only have effect in respect of the first and ground floor functions rooms of the premises known as Ansdell Institute and Social Club and shall only operate in respect of those areas during any period when organised functions, to which members of the public are admitted, are taking place. At all other times, all parts of the premises, including the two functions rooms shall be controlled by the conditions attached to the Club Premises Certificate issued for the premises by Fylde Borough Council and referenced FY CP0005.
2.2 Access to the premises shall be limited to persons attending, by invitation or ticket, pre-booked functions or events at the club premises.
2.3 Another member of staff, club member or Committee member shall be nominated to act for the Designated Premises Supervisor in their absence, whose identity shall be known by all other staff when such absence occurs.
2.4 The interior and exterior areas covered by this licence shall 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. CCTV recordings shall be retained for a period of 30 days and made available within a reasonable time upon request by the enforcement authorities.
2.5 The Police Licensing Unit shall be notified on any occasion when the CCTV 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.
2.6 The premises shall be operated in accordance with the principles outlined by the Nightsafe Scheme, as are relevant to the premises.
2.7 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 available to an authorised person upon request.
2.8 A zero tolerance towards illegal drugs shall operate at all times.
2.9 Security arrangements shall be sufficient to discourage the sale and consumption of drugs and shall ensure regular checks of toilet areas.
2.10 Records of incidents involving the use and/or detection of drugs shall be maintained and those records shall be available for inspection.
2.11 Confiscated and found drugs shall be stored, disposed of and transferred in accordance with procedures agreed with the Lancashire Constabulary.
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 No drink shall be removed from the premises in an unsealed container.
2.14 Any drinks promotions shall not adversely affect the promotion of responsible drinking.
2.15 An appropriate number of licensed door supervisors shall be on duty as appropriate to any risk assessment and in accordance with guidance under the Nightsafe Scheme.
2.16 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
2.17 An incident book shall be maintained, in which shall be recorded
a. All incidents of crime and disorder
b. Refused sales to suspected under age/drunken persons
c. A record of any person refused admission or asked to leave the premises
d. Details of occasions upon which the Police are called to the premises
e. The use or discovery of drugs. The incident book shall be available for inspection by a Police Officer or authorised person.
2.18 Any 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 of a Responsible Authority.
2.19 The maximum number of persons permitted in the first floor functions room shall be 100 persons.
2.20 The maximum number of persons permitted in the ground floor functions room shall be 100 persons.
2.21 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 in so far as they apply to the premises.
2.22 Adequate first aid provision and fire-fighting shall be available at all times on the premises.
2.23 The licence holder and all managers shall be suitably trained in all aspects of the safe and efficient running of the venue.
2.24 The volume of amplified sound used in connection with entertainment shall at all times be under the control of the management and the controlling mechanism shall be operated from a part of the premises inaccessible to the public.
2.25 No nuisance shall be caused by noise coming from the premises or vibration through the structure of the premises.
2.26 The Premises Licence Holder shall operate in accordance with all relevant legislation which promotes the public nuisance objective including but not limited to the Environmental Protection Act 1990 and the Noise Act 1996.
2.27 Customers shall be encouraged to leave the premises in a quiet and orderly manner.
2.28 Regular assessments of the noise coming from the premises shall be conducted when the premises are used for regulated entertainment and steps shall be taken to reduce the level of noise where it is likely to cause a disturbance to local residents.
2.29 Arrangements shall be made for the storage and disposal of refuse which do not cause a nuisance.
2.30 There shall be placed at all exits from the premises, in a place where they can be seen and easily read by patrons, notices requiring customers to leave the premises and the area quietly.
2.31 The licence holder and the DPS shall support and rigorously enforce the Challenge 25 Proof of Age policy.
2.32 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: photo driving licence; passport; Proof of Age Standards Scheme Card; any other locally or nationally approved form of identification which may be introduced in the future.
2.33 No adult shall be served if suspected of attempting to purchase alcohol for anyone aged under 18 years.
2.34 Suitable signage shall be displayed to specify that a Challenge 25 Policy shall be in place.
2.35 A notice shall be displayed in the premises where they can be clearly seen and read indicating that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
3.1 All doors and windows shall remain closed except for access and egress during the performance of amplified entertainment.
3.2 Functions which specifically target young people aged 17-18 years (for example birthday parties) shall not be allowed to take on the premises
ANNEX 4 - PLANS
See attached plan referenced FY PL0316.