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.
Conditions Imposed at a Hearing 28 April 2010
1. The premises 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 recording medium (e.g. discs / tapes / hard drive etc) 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 premises licence holder is to provide the police with the contact details of at least two members of staff (or other person(s) 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 the recorded data upon request and within no more than 12 hours from the time of the request. CCTV. (It is to be noted that this condition is consistent with the applicant’s operating schedule and that the Chairman stated that he expected the police to ensure that there was a camera outside as well as inside the shop)
2. A personal license holder must be on the premises between 4.30 p.m. and closing time everyday except Sundays. (This is not in the operating schedule and so was imposed by the Panel for the reasons stated below)
3. An incident log book shall be maintained at the premises showing details of any incidents relating to crime and disorder (This was proposed by the applicant in the operating schedule of his application)
4. A prominent, clear and legible notice shall be displayed at the exit, requesting that customers respect the needs of the local residents and leave the premises and the area outside quickly and quietly. (This is in accordance with a suggestion by the applicant in his operating schedule).
5. The premises are to 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 license or a proof of age card bearing the official “pass” hologram should be accepted as proof of age. (This is in accordance with the operating schedule save that instead of 21 this was raised to 25 and the applicant did agree to this at the Panel)
6. The premises is to maintain a refusal 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 will be made available to the police licensing authority for inspection upon request. (This was proposed by the applicant in the operating schedule of his application)
7. That alcoholic drink to be sold shall be kept behind the counter or in a place where customers do not have direct access to these products without the assistance of a member of staff. (This was stated to be agreed by Mr Hussain during the hearing of his application).
8. Customers are to be prevented from leaving the premises with unwrapped glass bottles. (This was proposed by the applicant in the operating schedule of his application)
9. Where the premises provide drink/food for consumption off the premises, the public area immediately surrounding the premises shall be cleared of waste food, food containers, wrapping etc. at the end of trading on each day.