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. The premises will not retail cheap alcohol, or offer excessive discount or bulk purchase incentive. We will stock fine wines, craft ales and premium spirits.
2. The price point and layout of the shop will discourage binge drinking, drinking water will be provided to those imbibing on the premises as standard.
3. Those purchasing to take away will have their purchases wrapped and bagged - no alcohol will be allowed to be taken off the premises in an open container.
4. Staff will receive above average training in the 4 licensing objectives and our policy of responsible alcohol retailing.
5. Staff training will be recorded and refreshed regularly.
6. Responsible members of staff will be offered BIIAB or equivalent personal license level qualifications if they do not already have it.
The prevention of crime and disorder
7. No excessive bulk purchase offers will be given; no excessive discounts will be applied.
8. A minimum pricing policy will be implemented to ensure no bottle of wine can be sold for less than £5, no bottle or can of ale for less than £1.50 and no bottle of Spirit for less than £10.
9. Incentives to over indulge will not be offered.
10. The premises will be locked and shuttered whenever it is not open to discourage vandalism and theft.
11. No large sums of money will remain on site; the majority of transactions will take place by card.
12. The premises will operate an effective CCTV system which will be maintained in good working order at all times the premises is open for business. The recording medium are to be retained and securely stored for a minimum period of 28 days and are to be made available to any relevant authorities upon request. The premises license holder will provide the police with the contact details of at least 2 members of staff who are trained and familiar with the operation of the equipment so that they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data upon request within 24 hours. The DPS must inform the police of any failure of the CCTV system within 24 hours.
13. Staff will be trained on the Licensing Act and the 4 Licensing objectives upon induction and every 6 months thereafter. Training will be documented and made available to relevant authorities.
14. External lighting will be installed if not already done so, with due care and attention given to local residents and the impact thereon.
15. Door staff will not be engaged save in extraordinary circumstances, but when they are they will be SIA regulated and accredited wearing appropriate badges.
16. Risk assessments will be carried out in the premises with regards to crime and disorder and their findings used to create the operating policies of the venue.
17. Anyone who is deemed to not meet the venues admission standard and standard of behavior will be asked to leave the premises.
18. The venue will operate a zero tolerance policy to the use of, and distribution of, drugs. Relevant signage will be displayed.
19. Bag hooks will be provided.
20. Alcohol will not be stored within 2 meters of the front door.
Public Safety
21. Full risk assessments will be completed to identify potential hazards.
22. First aid boxes will be available both behind the serving counter and in the office in the basement.
23. A qualified first aider will always be on the premises when it is open to the general public.
24. No more than 35 people will be allowed in the venue at any one time to avoid overcrowding.
25. Regular sweeps of the venue will be undertaken to ensure all glassware is recovered and cannot be removed from the premises - at this time spillages and broken glass will be cleaned up if required.
26. A fire detection system will be in place and staff trained in its use. The means of fighting fires will be available and plentiful. All staff will be trained in its safe use.
27. Emergency exits will be clearly marked, and staff trained in the effective evacuation of the premises.
28. An accident book will be on site; this will also serve as a refusal to serve/incidents book.
29. Smoking will not be allowed on the premises; those wishing to smoke will be directed to the front of the premises and informed that drinks cannot be taken out via appropriate signage.
30. Appropriate anti-drink driving literature including 'none for the road' will be displayed on the premises.
31. Local taxi numbers will be made available to patrons, and those who have called cabs will be permitted to wait for them inside the venue.
The prevention of public nuisance
32. Guests will be invited to leave lquietly; those waiting on taxis will be encouraged to do so inside the premises.
33. Prominent, clear and legible notices will be displayed at all exits requesting that customers respect the needs of local residents and leave the premises and area quietly.
34. Management and staff will use their best endeavors to prevent persons loitering outside the premises and to ensure that persons refused entry or r ejected are asked to leave the vicinity of the premises.
35. Music volume will be limited - No DJ's will be used, minimal amplification will be used.
36. The front door will be closed whenever possible and a self closing device fitted.
37. A contact telephone number will be distributed prior to opening to all local residents within 100 meters of the venue so as to allow reports of noise disturbances to a responsible person.
38. Deliveries and waste removal will be limited to Sam to 6pm Mon-Fri.
39. Public areas in the immediate vicinity of the premises will be tidied at the end of every night, and when necessary throughout the night as well.
40. A cigarette butt bin will be positioned outside the premises and guests encouraged to utilize it.
41. Flyers will not be distributed outside the venue.
The protection of children from harm
42. Those under the age of 18 will not be allowed on the premises after 5pm.
43. Those under the age of 18 will not be allowed on the premises unaccompanied at any time.
44. The venue will operate a strict challenge 25 policy whereby anyone believed to be under the age of 25 will be asked to provide suitable ID (Passport or Photocard Driving License only) to prove they are over 18. Failure to provide suitable ID when requested will lead to refusal to serve and a request to leave the shop.
45. Staff will be trained in this policy and refreshed every month.
46. Appropriate media will be displayed to discourage purchasing on behalf of those under age, and to highlight the dangers of alcohol abuse.
47. A 'Refusals Book' shall be maintained showing details when a refusal to sell alcohol has taken place. The book will be made available to the police/authorised officers of the Licensing Authority on request.
Conditions agreed with GMP
Any exteror furniture to include tables and chairs which have been specifically authorised by Bury Council to be placed on the pavement must be removed from the outside area no later than 22.00hrs daily in order to prevent their use by customers or other members of the public.