LICENSING ACT 2003
CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE
This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003, Embedded Conditions carried across on conversion of your previously held Justices Licence, Conditions Converted from any previously held Public Entertainments Licence, Conditions volunteered on the application form to be undertaken by the applicant and where necessary, Conditions imposed by the Licensing Authority in order to promote the Licensing Objectives.
1. Mandatory Conditions:
a No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended.
b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.
c Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA).
d. In respect of the exhibition of films as mentioned below:
1 The admission of children to the exhibitions of any film is restricted as follows:
2 Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.
3 Where:-
(a) the film classification body is not specified in this licence, or
(b) the licensing authority has notified the holder of the licence that this subsection applies to the film in question,
the admission of children is restricted in accordance with any recommendation made by the licensing authority.
4 In relation to the above:
“children” means persons under the age of 18 years; and
“film classification body” means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984.
2. Additional Mandatory Conditions pursuant to The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010,
(1) 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.
(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 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.
3. 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).
4. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
5. The following two conditions take effect as from 1st October 2010.
(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
6. The responsible person shall 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;
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
7. Definition:
Responsible person - as defined by section 153 (4) Licensing Act 2003 -
(a) In relation to a licensed premises -
(i) the holder of a premises licence in relation to a premises
(ii) the designated premises supervisor (if any) under such a licence
(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.
Appendix A
Embedded Conditions
Justices’ On Licence with Restaurant Conditions*
The licence is granted for premises structurally adapted and bona fide used or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening or both for the accommodation of persons frequenting the premises and is subject to the conditions:
1 Alcohol shall not be sold or supplied on the premises otherwise than to person(s) taking table meals there and the for consumption by such persons(s) as ancillary to his(her) meal
2 Suitable beverages other than alcohol (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises
3 Permitted hours - Alcohol shall not be sold or supplied except during permitted hours.
In this condition permitted hours means:
On weekdays other than Christmas Day, Good Friday or New Years Eve: from 11am
to 12 midnight;
On Sundays, Christmas Day and Good Fridays: from 12noon to 11.30pm;
On Christmas Day: 12noon to 11.30pm;
On New Years Eve, except on a Sunday, 11am to 12midnight;
On New Years Eve on a Sunday, 12 noon to 11.30pm
On New Years Eve from the end of permitted hours on New Years Eve to the start of
permitted hours on the following day. (or, if there are no permitted hours on the
following day, midnight on the 31st December)
The above restrictions do not prohibit
() during the first twenty minutes after the above hours the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel
() during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for the consumption as ancillary to the meals
() the consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
() the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of
the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
() the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(e) the taking of alcohol from the premises by a person residing there; or
(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
() the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises
4 The relaxation provisions in section 182 Licensing Act 1964 shall apply in relation to the
provision of public entertainment in the premises by the reproduction of wireless (including television) broadcasts or music and singing solely provided by the reproduction of recorded sound.
Conditions consistent with the Operating Schedule
1. Alcohol for consumption off the premises will only be sold ONLY when a customer orders a takeaway meal.
2. Alcohol will not be supplied for either takeaway or delivery purposes unless a meal is ordered at the same time.
3. All alcohol sold for consumtion off the premises shall be in sealed containers.
4. When alcohol is delivered to customer's homes following telephone orders as part of a meal request, alcohol will not be delivered unless the recipient appears over the age of 21 or can provide acceptable identification ie. photo driving licence, Passport or 'PASS' accredited proof of age card to confirm their age.
Conditions agreed to by applicant from responsible Authorities
1. Off-Licence. Sale by retail only with a meal order
2. Off-Licence. Alcohol offered for sale bottled or canned Beer/Lager/Cider. Wine-House White/Red/Rose Only.
3. Once per month staff training on Licensing Objectives and Legislation.
4. Staff training to be recorded and produced to authorised officers upon request.
5. A notice to be placed on all 'Off Sale' Menus and promotional flyers that alcohol will not be delivered to any person under the age of 18 years.
6. Payment over the phone by credit/debit card will not be sufficient to prove that the customer is 18 years of age (Because of the availability of pre-paid credit cards). acceptable identification ie. photo driving licence, Passport or 'PASS' accredited proof of age card will have to be produced to confirm their age.
7. Customers must be informed at the time of ordering that that the restaurant reserves the right on the doorstep to refuse to deliver alcohol if they are not satisfied that the age criteria is met, and that any money paid by credit/debit card for alcohol over the phone will be refunded. This information also to be printed on Menus, Leaflets etc.