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 consistent with the Operating Schedule and through Minor Variation Sept 2010
1 There will be a zero tolerance drugs policy at the premises.
2 SIA door staff will be on duty on Thursdays, Fridays and Saturdays following a risk assessment by the DPS/responsible person.
3 The premises will be subject to risk assessment under the Regulatory Reform (Fire Safety) Order 2005 from which a maximum safe capacity will be determined. Door Supervisors will ensure that no customer shall enter or leave the premises from/to the public highway or public place with any open bottle, glass or container except by way of trade delivery.There will be frequent collections of drink containers and glassware to avoid accumulation. Glasses will be toughened where commercially available.
4 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.
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 Management and staff are to use their best endeavours 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.
7 At an appropriate time before closing time, announcements should be made reminding customers to leave quietly.
8 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.
9 The premises must be linked to a system of communication with the Police and other licensed premises as agreed with the Police and Licensing Authority. The system shall be kept in good working order at all times. When the premises are open to the public, the communications link to the Police and other licensed premises shall be switched on and available to and monitored by the Designated Premises Supervisor or a nominated member of staff. The system to be used to report incidents and warn each other of the presence of potential trouble makers in the area
10 The communication system must be used to report information likely to be of interest to other parties to the network as soon as possible.
11 The licence holder and/or the designated premises supervisor or a person nominated by them shall be a member of and attend at the meetings of the Pub and Club watch scheme for the area within which the premises is located.
12 The Designated Premises Supervisor and all members of staff shall ensure that all lawful instructions and / or directions given by the Police are complied with.
Non Standard Timings
For all activities included in the licence - an extra hour on all public holidays, Christmas, Boxing Day, New Year and British Summer Time.
Conditions imposed at a Review Hearing 10 February 2010
1. That Mr Jack Harris, the present Designated Premises Supervisor be removed from the Premises Licence in that role.
2. The premises is required 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. Police and Licensing Authority to be notified of any breakdown as soon as reasonably practicable.
3. A personal licence holder must be on the premises from 9pm until closing Thursdays, Fridays, Saturday, Sundays weekly and on all public holidays; at all other times an authorisation form with a list of those employees who have been authorised by the DPS to sell alcohol at the licensed premises should be kept at the said premises and be made available for inspection by the police and authorised officers of the licensing authority on request.
4. A daily log will be maintained at the premises showing the details of the Door Security. Staff on duty and the details of any incidents that take place. The log will be made available to the Police, to SIA inspectors & to Authorised Officers of the Licensing Authority on request.
5. Customers are not allowed to leave the premises with drinking glasses and open bottles.
6. To remove the Condition “There will be zero tolerance drugs policy at the premises” and replace with:-
“There will be zero tolerance drugs policy in the premises and regular checks of the premises will be made and a record of the checks will be kept and produced to the Police or any authorised person”.
7. To promote the prevention of Crime & Disorder licensing objectives the premises will participate in the recognised Bury Town Centre radio communications system agreed by the Police. The designated premises supervisor is to ensure that staff are trained on the operation of the radios and the equipment is maintained.
8. That no advertisements or other signs be erected by any person connected with the Premises that would obstruct the view from CCTV equipment outside the premises. This needs to include removal of the existing obstructing advert.
9. The hours of operation be altered to ensure that all licensable activities cease at 2am (Monday-Sunday) and that the premises close by 2.15am (Monday-Sunday).
Conditions imposed at a Review Hearing 12 July 2010
1. That the Designated Premises Supervisor undertake documented random checks both by monitoring live CCTV and by direct observation at the door, that door staff are carrying out proof of age checks
2. That lighting is installed at the door to enable door staff to properly check proof of age cards against the people presenting them, and to ensure that cards are not forged or borrowed.
3. 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.
4. No person under the age of 18 years to be on the premises after 21:00. This is to include bar staff.
5. 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.