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
1 Prominent, clear and legible notices should be displayed at all exits requesting that customers respect the need of local residents and to leave the premises and area quietly.
2 Proof of identity/age should be required and satisfied before allowing a person(s) who appear may be under 21 years of age to purchase/consume alcohol. Photographic id only e.g. passport/driving licence should be accepted. Challenge 21 policy.
3 CCTV system to be maintained and tapes to be safely retained for a minimum period of 28 days for viewing purposes by the authorities, including the police.
4 No irresponsible drink offers will be promoted.
5 Pubwatch and Nitenet schemes in operation.
Club NV
Silver Street
Bury
Conditions imposed at a Licensing Panel Hearing on 20th December 2007.
The premises is to close every day no later than 02.30hrs.
A register is to be maintained and kept on the premises in which shall be recorded the dates and times each door supervisor commences and finishes work together with a record of their full name, date of birth, SIA badge number and their signature. This register is to be made available for inspection by any Authorised Officer of the Council or to the police on request.
The premises supervisor is to meet with a police representative once every two months.
Conditions volunteered by the Premises Licence holder at a Licensing Panel Hearing on 20th December 2007.
Prevention of Crime and disorder:
At least five SIA registered door supervisors will be employed at all times when licensable activities are taking place. Where possible, both male and female door supervisors will be employed.
In addition to their general duty of keeping order at the premises, the door supervisors will maintain an orderly queue outside the premises and will search and exclude persons suspected of possession of illegal drugs or offensive weapons. Should weapons be found, the police will be informed via the ‘Nitenet’ system. Any drugs found on individuals will be seized and placed into a locked and controlled drugs bin ready for collection by the police.
The door supervisors will carry out regular checks of the toilets to ensure that they are not being used for the supply or use of controlled drugs.
Capacity Limits:
The safe maximum number of persons allowed to be present in the premises will be risk assessed by the Premise Licence Holder.
The door supervisors will control the number of persons entering / leaving the premises so as to ensure that the occupancy figure is not exceeded and will make a written record of the occupancy every 30 minutes. This record will be kept for a period of 7 days and will be made available for inspection by an Authorised Officer of the Council or by the police on request.
CCTV / Communication system:
The club will use a 2 way communication system to report incidents to the police or to the Millgate CCTV monitoring suite.
CCTV recording equipment will be installed and maintained to record incidents both inside and immediately outside the premises. The tapes are to contain the date and time that the recording is being carried out. Recording of the immediate exterior of the premises will continue for at least two hours after the premises have closed. The recorded tapes shall be stored in a locked secure place for at least 28 days and shall be made available for viewing by an Authorised Officer of the Council or by the police on request.
Signage will be displayed at prominent places at the premises to inform the public that the CCTV recording of images is taking place.
Bottles and glasses:
Where drinks are supplied in glasses only toughened plastic glasses will be used where such glasses are commercially available.
Where drinks are supplied in bottles, the bottles will not be allowed to be removed from the premises. Empty bottles will be placed into locked bins so as to prevent them from being used as weapons.
No customers will be permitted to enter or leave the premises with opened or sealed bottles / glasses.
Drinks promotions:
The club will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.
Proof of age cards:
The club will operate the ‘Challenge 21 scheme’ and ‘Challenge 21’ signage will be displayed in prominent places throughout the venue to this effect. Any bar staff selling alcoholic drinks will ask for the production of photo identification proof of age where they suspect an individual to be under the age of 21.
Safety checks:
A safety check will be carried out of the premises prior to opening to members of the public.
The club will ensure that any curtains, hangings or temporary decorations are maintained in a flame-retardant condition and that along with any promotional signs do not obstruct exits, fire safety signs or fire fighting equipment.
The club will ensure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5, when tested in accordance with section 5 of Bs 5852:1990.
Fire action notices:
The club will ensure that notices detailing the action to be taken in the event of a fire or other emergencies, including how the fire service can be summoned, will be prominently displayed at the premises and protected from damage / deterioration.
Disabled customers:
The club will ensure that when any disabled customers are on the premises that adequate arrangements exist to enable their safe evacuation in the event of an emergency and that customers are made aware of these arrangements.
First Aid:
The club will ensure that adequate and appropriate supply of first aid equipment and materials will be available on the premises and that First Aid points are clearly signposted.
The club will ensure that at least 2 trained First Aiders are on the premises whenever members of the public are present.
Lighting:
In the absence of adequate daylight, the club will ensure that the lighting in any area accessible to the public is fully operational.
The club will ensure that all fire safety signs are illuminated.
The club will not alter emergency lighting without notification to the Licensing Authority.
The club will ensure that emergency lighting batteries are fully charged before admission of the public.
In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, the club will ensure that evacuation of the premises is carried out within 20 minutes.
Special effects:
The club will ensure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of our customers, performers or staff.
Warning signs will be displayed at the front of the venue warning customers of any intended use of strobe lighting / smoke effects within the venue.
Safer clubbing:
The club will make free cold drinking available at all times the premises are open to the public.
The club will provide a ‘chill out area’ where customers can go which is cooler and quieter than the dance areas.
The club will provide sufficient seating to accommodate 20% (60 seats) of the 300 maximum occupancy figure.
Toilets:
All toilets will be checked by a member of staff every 30 minutes to ensure that they are clean and clear of any debris.
Prevention of public nuisance:
The club will ensure that noise or vibration is not audible in any noise sensitive premises such as nearby residential flats / homes.
The club will ensure that doors and windows are kept closed to reduce noise emanating from the premises.
The club will install and use noise limiters on amplification equipment in accordance with any guidance from the Councils Environmental Health Officers.
The club will display clear, prominent and legible signage at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
The club will ensure that the volume of music is discernibly reduced during the last 30 minutes of operation when customers are leaving the premises.
The club will comply with any request from an Authorised Officer of the Council or from the police to reduce noise levels within the premises.
Noxious smells:
The club will ensure that no offensive smells will emanate from the premises so as to cause a nuisance to nearby residents and that the premises will be properly vented.
Light pollution:
The club will ensure that any flashing or particularly bright lights on or outside the premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.
Litter:
The club will provide adequate and suitable receptacles to receive and store refuse from the premises.
The club will ensure that receptacles for refuse storage are maintained in a clean condition.
The club will ensure that litter is regularly cleaned from the vicinity of the premises.