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 Operating Schedule
1/ Members of the management team will be trained in relation to the Licensing Objectives so as to prevent crime & disorder, prevent public nuisance, promote public safety and promote the protection of children from harm.
2/ Sales of Alcohol shall be made only to residents of the premises and/or their bona fide guests between the hours of 01.00 and 10.00 with the exception of New Years Eve, at which time sales of Alcohol may be made to non-residents throughout the period the premises trades.
3/ In the absence of the Designated Premises Supervisor, another individual (whose identity should be known to other members of staff)should be nominated to deputise for him or her.
Prevention of Crime & Disorder
4/ The premises is to operate a "Challenge 25" proof of age policy and signage to this effect will be prominently displayed within the premises. Persons who appear to be under the age of 25 must produce for throrough scrutiny, 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' hologram should be accepted as proof of age.
5/ All staff who are involved with the sale of alcohol will receive training in relation to the 'Challenge 25' scheme. Records to evidence said training will be made available to an authorised officer upon request.
6/ 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 will be made available to the police / licensing authority for inspection upon request.
7/ The premises Licence Holder, or a nominated representative, shall be an active member of the Local Pubwatch scheme or its equivalent where such a scheme is in existence, and shall regularly attend the meetings.
Public Safety
8/ The management will use their best endeavours to ensure that patrons do not leave the curtilage of the premises with open vessels containing alcohol.
Prevention of Public Nuisance
9/ There shall be adequate supervision and control over any external areas of the premises to prevent any disturbance to any residents in the vicinity of the premises.
10/ Bottles and glasses will not be disposed of outdoors between the hours of 22.00pm and 08.00am
11/ Notices will be displayed at public exits, in a clear and prominent position, requesting that patrons respect the needs of any local residents and leave the premises and the area quietly.
12/ The premises will promote the use of a local taxi company, with whom they have an agreement that a call-back service will be used as opposed to the sounding of the car horn to signal the taxis arrival.
13/ Any external areas used by patrons for the consumption of Alcohol shall cease to be used for the consumption of alcohol at 23.00pm each day.
The protection of children from harm
14/ Persons under the age of fourteen will not be permitted on the premises unless accompanied by a responsible adult.
15/ Persons under the age of eighteen will not be permitted on the premises after 22.00pm.
Conditions agreed with Environmental Health
16/ Noise from any entertainment shall be controlled such that it will be generally inaudible from the nearest noise sensitive building.
17/ All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency or during immediate access or egress.
18/ The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to be generally inaudible from the nearest noise sensitive building. As a general principle, where the noise is clearly audible outside the noise sensitive building then this noise is likely to be generally audible within the building.
A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action. This book shall also contain details of noise complaints made and remedial action.
19/ Where there is live music and at any other appropriate time announcements will be made requesting patrons to respect the neighbourhood and leave the premises and area quietly.
20/ No regulated entertainment from within the premises shall be transmitted outside the premises by the use of speakers or other means.
21/ The exterior areas of the premises which trade as part of the premises shall not be used for the consumption of alcohol after 2300 hours.
22/ Any exterior music which is not regulated under Schedule 1 Licensing Act 2003 shall not take place after 2200 hours.
23/ There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.
24/ The placing of refuse, such as bottles, into receptacles outside the premises shall not take place between 2200 hours and 0800 hours, having regard to the application, so as to prevent disturbance to nearby premises.
25/ There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public notices advising patrons that no alcoholic drinks should be taken outside the premises after 2300 hours each day in unsealed containers.
Conditions following a Review Hearing - 8th October 2012
26/ A noise-limiting device, (which shall so far as possible be tamper-proof) shall be installed and operated in the premises and all noise levels shall be agreed and the device calibrated to the written satisfaction of the Council. Whenever regulated entertainment is taking place all amplified live music and/or singing and associated sources (e.g. DJ’s and amplified voices/amplified instruments etc) are to be connected to this device.
27/ That notwithstanding the timings shown on the operating schedule, the playing of live music and amplified voices indoors shall cease until the Licence Holder installs and operates an effective noise-limiting device in accordance with the condition above.