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: 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.
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.
Conditions consistent with the Operating Schedule
1. All external doors and windows to be kept closed when live entertainment or recorded music is being played.
2. No adult content material to be played whilst under 18s are present on the premises.
Prevention of Public Nuisance
1 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.
2. Music and associated other noise sources (e.g. DJs and amplified voices) shall not be generally audible inside noise sensitive property at any time. The DPS or a member of staff is to carry out noise level checks of the surrounding outside area whenever entertainment is being provided taking action to reduce noise levels where there is a potential for nuisance to be caused.
3. Management and staff are to use their best endeavours if safe to do so to prevent persons loitering outside the premises and to ensure that persons refused entry or ejected are asked to leave the vicinity of the premises
4. The premises shall be closed to customers [30 minutes] after licensable activity has ceased.
Prevention of Crime and Disorder
5. A Personal Licence holder must be on the premises on (Friday and Saturday nights) between 19.00 hrs and close of business.
6. When SIA staff are employed, a log must be maintained at the premises showing the full name, date of birth and SIA badge number of the Door Security Staff on duty, the time when they started and ended their shift and the details of any incidents that take place to include incidents when a member of the public is refused entry to the premises. The log is to be made available to the Police, to SIA inspectors & to Authorised Officers of the Licensing Authority on request.
7. Staff training shall take place on the Licensing Act and Licensing objectives every six 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.
8. There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
Public Safety
11. Customers are to be prevented from leaving the premises with glasses or open bottles.
Protection of Children from Harm
12. The premises will operate a "Challenge 21 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 21 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.
13. The premises is to maintain a refusals book to record the details of incidents / descriptions of individuals 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.
14. No person under the age of 15 shall be permitted to remain on the premises after 22.00 hrs.
Conditions added in full variation application 2021
The Prevention of Crime and Disorder
1/ Security staffing:
Security staff will all be using registered SIA badges. Door supervisory ratio will be 1:50. Female door supervisors will be available and displaying their badges clearly. There will be clear entry and exit points manned by security staff. These SIA security staff will help manage and prevent crime and disorder on the premises.
2/ CCTV:
CCTV will include 3 cameras inside, 1 on front entrance, and 1 on back exit. In addition, when using outdoor marquees and associated shelters, we will be installing CCTV in these spaces. All data will be stored for a minimum of 21 days. Should the CCTV that is in operation crash or default, we will notify the relevant authorities immediately whilst it is being fixed. CCTV will be recording 24/7 and will only be accessible by members of staff. This will prevent crime and disorder caused by monitoring and recording customer behaviour at all times. Copies and breakdowns of CCTV will be available within 24 hours where possible. The recording medium is on a hard-drive. All images and footage is retained and securely stored.
3/ Bottles and Glasses:
All beverages served in glass bottles will have bottle tops removed. All bottles will be served as plastic options where available. No-one will be permitted into the premises with an open bottle. Customers will NOT be permitted to take open bottles/beverages from our premises. All empty bottles and glasses will be removed from public area as soon as they are empty. Bottle and glass bins are stored off-site in a locked building. This will prevent crime and disorder caused by ensuring all glass products are monitored and handled safely.
4/ Radios:
Radios will be available for all staff and registered SIA members at all times upon request. All staff will be trained on using radios. This will prevent crime and disorder caused by ensuring staff have a direct line with eachother and SIA security staff at all times.
5/ Capacity Limitations:
Inside limitation is 50 maximum. Outside limitation is 100 maximum. Capacity will be lowered in accordance with Covid-19 guidelines and measured by booking systems/SIA registered staff. This capacity is based on size given by police. This will prevent crime and disorder caused by large crowds.
6/ Proof of Age Cards:
All staff (including SIA staff members) will be fully trained on checking age verification cards in accordance with the Challenge 25s policy. We will only accept official documents with the correct holographic evidence. The DPS will be responsible for all drinks sold on the premises and promotions taking place. This will prevent crime and disorder caused by ensuring all customers are of the legal responsible drinking age.
7/ Drugs:
We will operate a zero-tolerance policy on drugs which will be clearly displayed in signage around the premises. We will have a secure area to store any drugs or illegal substances apprehended by staff or SIA registered security staff. A drugs register will be maintained. The police will be notified of all drugs and illegal contraband seized. This will prevent crime and disorder caused by preventing drug usage/possession on the premises.
8/ Notices:
Crime and prevention notices will be displayed clearly throughout the premises (for example: bags should not be left unattended and watch out for pickpockets). We will also be displaying a detailed Customer Code of Conduct poster, and all restrictions including admission of children to the premises. This will prevent crime and disorder caused by clearly outline customer expectations.
Public Safety
9/ Fire Safety:
We have conducted and continue to frequently conduct fire risk assessments and necessary control measures. All fire exit doors are easily opened and have clear signs. Exit doors are regularly checked to ensure function and accessibility is satisfactory. All security locks from exit doors are unlocked/removed when the premises is open to staff/customers. All fire doors and exits are kept clear at all times. Step and stair exits are appropriately highlighted. Associated fabrics and materials are fire retardant. Notices detailing our fire safety access plans are easily displayed and maintained in good condition. Fire alarms/drills are tested appropriately. All fire exits are in accordance with BS5499 1990. Rear exit door opens outwards. Inside door is clearly marked. This will ensure public safety through thorough fire safety protocol.
10/ Less-abled Policy:
Adequate arrangements have been available upon request within the premises. Safety procedures are clearly explained to those less abled. Staff training has been provided to ensure customer safety for those will invisible illnesses (such as holders of sunflower lanyards). This will ensure public safety through the inclusion of less-abled people within our public safety measures.
11/ First-Aid:
Adequate and appropriate first aid equipment are available on the premises. Suitable first aid and mental health first aid has been provided to staff where appropriate, including drug and alcohol related first aid issues. This will ensure public safety through efficient first aiding protocols at all times.
12/ Lighting:
Fire safety signs are adequately illuminated. Glow in the dark fire safety signs are also in use. Lighting in main bar area allows adequate visibility to customers and staff. This will ensure public safety through efficient lighting and signage visibility.
13/ Safety Certificates: All items which are older than 12 months old will have a PAT certificate/stamp. Regular gas and carbon monoxide tests will be carried out. Fire alarms and systems are checked and maintained by an external company. This will ensure public safety through protocols outlined within licencing guidelines.
The Prevention of Public Nuisance
14/ Noise and Vibrations:
A noise management plan has been put in place. Noise and vibrations will be measured by decibel measuring appliances. Doors and windows will be kept close when regulated entertainment/music is taking place where necessary. All windows and doors are double glazed. The premises has air conditioning to prevent the need to open doors and windows. Prominent, clear and legible notices are displayed prompting patrons to be respectful towards neighbours. Disposal of empty bottles to recycling points will be permitted only between 07:00 and 23:00. For the final hours of operating, music is minimised to a volume which is discernibly quieter. All ventilation systems are at adequate noise levels and fitted with appropriate means. This will prevent public nuisance by monitoring noise at all times.
15/ Noxious Smells:
All waste disposal areas are kept away from patrons and residents. Weekly waste removal is in place. This will prevent public nuisance by keeping hygiene standards high at all times.
16/ Light Pollution:
Flashing/bright/flood lights used outside will not cause any light pollution to nearby neighbours. External lighting will be directed away from adjacent occupiers. This will prevent public nuisance through maintenance of lighting in accordance with licencing guidelines.
The Protection of Children from Harm
17/ Nudity:
The premises will not provide any adult entertainment unsuitable for patrons under the age of 16 years old before 22:00. The premises has clear signs displayed restricting any persons under the age of 18 (in accordance with the challenge 25 policy). Alcohol is not available on the premises on occasions where only under 18s are permitted (such as youth events/charity events). Children will not be allowed in designated smoking areas. This will ensure the protection of children by maintaining a zero tolerance policy towards adult entertainment/nudity when children under 16 are present.
18/ DBS Checks:
DBS checks will be carried out for members of staff who are in supervisory/management positions. This will ensure the protection of children by ensuring all staff have adequately safe backgrounds and histories.
19/ Acts/Performers:
No-one under the age of 16 years will be permitted to perform on the premises after 22:00. This will ensure the protection of children by ensuring no performer under the age of 16 is present after 22:00.