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, and 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.
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.
Mandatory Conditions pursuant to The Licensing Act 2003
Mandatory Licensing Conditions (Amendment) Order 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: 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.
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.
The Licensing Act 2003 (Mandatory 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-
where-
P = D + (D x V)
(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 paragraph2 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.
Appendix A
Embedded Conditions
Justices’ On and Off Licence (not having a Children’s Certificate)
1. Permitted hours.
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours includes those on the licence and:
(1) On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.
The above restrictions do not prohibit
(a) 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;
(b) 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;
(d) 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
(g) 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.
(h)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.
2. In relation to the morning on which summer time begins, paragraph 2 of this condition shall have effect with the substitution of three o’ clock in the morning for references to two o’clock in the morning (or one hour following the hour actually specified where the certificate currently requires closure between 1am and 2am).
3. 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.
4. The provisions of the private places of entertainment (Licensing) Act, 1967 section 2 apply in relation to dancing, music or any other entertainment of the like kind, which is not a public entertainment but is promoted for private gain.
Conditions consistent with the operating schedule (Variation to a premise licence)
All possible bookings to be assessed prior to them being confirmed.
Event Organiser to be made aware of Security and Licensing Policy.
Door Supervisors to be arranged for appropriate events
Manager on duty and staff to monitor alcohol sales to individuals and to use their discretion where neccessary. Any non-cooperation or signs of disorder will result in early closure of the retail sales of alcohol and the ending of the event.
Conditions agreed with Greater Manchester Police
1/ The premise is to operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business. The type of system and the number / positioning of cameras is to be agreed in liaison with the police. The location of cameras will be recorded on the plan attached to the licence. The recording medium (e.g. discs / tapes / hard drive etc) and associated images are to be retained and securely stored for a minimum period of 28 days and are to be made available to the police / Authorised Officers of the Licensing Authority upon request. The designated premises supervisor is to provide the police with the contact details of at least two members of staff who are trained and familiar with the operation of the equipment so that, at the expense of the premises licence holder, they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data upon request and within no more than 24 hours from the time of the request. The Designated Premises Supervisor must notify the licensing office or the Police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 24hrs
On an annual basis the premises licence holder or the DPS is to notify the licensing office in writing that the CCTV system has been checked, maintained to any recognised specification and is in working order. An action plan to be agreed to rectify any recorded malfunction or planned alterations.
2/ A log must be maintained at the premises showing the full name, date of birth and SIA badge number of the Door Security Staff when on duty, the time when they started and ended their shift. The log is to be made available to the police, to SIA inspectors & to Authorised Officers of the Licensing Authority on request.
3 / Staff training shall take place on the Licensing Act and Licensing objectives when staff employment commences and / or every 12 months and a written record of this training to be maintained and made available to the police and any authorised officer of the Council for inspection on request
4/ the garden area is not to be used for Licensable activities or for the consumption of alcohol after 2300 hrs daily.
5/ Prominent, clear and legible notices must be displayed at all exits requesting that customers respect the needs of local residents and to leave the premises and area quietly
6/ The premises will operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises. Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, proof of identity/age before being sold / supplied alcohol. Only a passport or photo-card driving licence or a proof of age card bearing the official ‘PASS’ accreditation hologram should to be accepted as proof of age
7/ The premises is to maintain an incidents / refusals book to record the details of incidents and / or descriptions of individuals. In addition to record whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18. The book must be made available to the police / authorised officers of the Licensing Authority on request