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.
Appendix A
Embedded Conditions
Justices’ On and Off Licence (not having a Children’s Certificate)
1. Permitted hours. Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
(1). On weekdays other than Christmas Day Good Friday or New Years Eve from 11am to 11pm
(2) On Sundays, other than Christmas Day or New Years Eve and on Good Friday 12noon to 10.30pm
(3) On Good Friday: 12noon to 10.30pm
(4) On Christmas Day: 12noon to 3pm and 7pm to 10.30pm
(5) On New Years Eve except on a Sunday, 11am to 11pm
(6) On New Years Eve on a Sunday: 12noon to 10.30pm.
(7) On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on the 31st December)
The above restrictions do not prohibit
(a) the consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(e) the taking of alcohol from the premises by a person residing there; or
(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
(h)during the first twenty minutes after the above hours, the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel.
2 No person under fourteen years of age shall be in the bar of licensed premises during permitted hours unless one of the following applies;
He is the child of the holder of the premises licence.
He resides in the premises, but is not employed there.
He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress
The bar is in a railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.
An area is not a “bar” when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
4. The relaxation provisions in section 182 Licensing Act 1964 shall apply in relation to the provision of public entertainment in the premises by the reproduction of wireless (including television) broadcasts or music and singing solely provided by the reproduction of recorded sound.
Appendix B
Conditions relating to any previous Public Entertainment Licence that applys to this licence
METROPOLITAN BOROUGH OF BURY
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
PART 1 AND SCEHDULE 1
REGULATIONS APPLYING TO ENTERTAINMENT LICENCES FOR PUBLIC MUSIC, MUSIC AND DANCING OF A LIKE KIND
1 This Licence applies only to those entertainment listed on the Licence and does not apply to those entertainment which fall within Section 182 of the Licensing Act 1964.
2 In the event of the revocation of this Licence by the Council, the Licence shall be returned immediately to the Council’s Licensing Officer.
3 The current Licence must be retained intact and be permanently displayed throughout its currency in a prominent position on the licensed premises.
4 The fee for the First Grant, Renewal or Transfer as appropriate must be paid when submitting the application.
5 There shall be affixed and kept in some conspicuous place on the door or entrance of the licensed premises the following inscription in capital letters: “LICENSED IN PURSUANCE OF THE ACTS OF PARLIAMENT FOR MUSIC AND DANCING AND ENTERTAINMENT OF A LIKE KIND”.
6 The Licensed premises shall not be kept or used for Public Entertainment herein permitted on Sundays and Christmas Day unless the Council issues written consent to vary this Condition.
7 The licensed premises shall not be kept or used for Public Entertainment except between the hours of 11.00am and 11.00pm Mondays to Saturdays inclusive, without the written consent of the Council.
8 The licensee, or some other responsible person nominated by the licensee in writing, shall be in charge of and upon the licensed premises during the whole of the time they are being used for the purposes aforesaid. There shall also be during that time, sufficient staff of competent attendants on duty on the premises. The person in charge shall not be engaged in any duties which prevents him from exercising general supervision.
9 Whilst the licensed premises are being used for Public Entertainment there shall be installed a telephone and a notice which must be prominently displayed above each telephone stating “FIRE - DIAL 999”. Information of any outbreak of fire, however slight, shall be at once communicated to the Fire Service by using the emergency number.
10 The Licensee shall keep and maintain on the Licensed premises a Fire Precaution Register, supplied by the Fire Authority and shall record therein details of all safety tests carried out as outlined in the Register and shall record therein the training staff or responsible persons of fire precaution routines.
11 Applicants for a licence for premises, which are not currently the subject of a licence, shall submit four sets of plans of the premises for which the license is sought, such plans to accompany the application form.
12 Whilst the licensed premises are being used for public entertainment, electrical installations must comply with any applicable rules and regulations affecting the use of electricity for the time being in force and every four years, the licensee must obtain a certificate of safety provided by a registered electrical contractor or competent electrical engineers behalf of the licensee indicating that the installation is maintained in a safe and satisfactory condition. This certificate shall be submitted to the Council on initial application and every FOUR years thereafter.
13 All parts of the licensed premises whilst being used for public entertainment shall be properly and sufficiently ventilated.
14 The ceiling of the licensed premises must be inspected at the time of initial application and examined at least every five years by a competent architect or surveyor on behalf of the licensee and his report shall be submitted to the Councils Licensing Officer within seven days of such examination.
15 No person shall give at the licensed premises (otherwise than as provided by Section 5 of the Hypnotism Act 1952) an exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
16 The maximum number of persons to be accommodated in the licensed premises which the premises are used for the public entertainment shall be shown on the Licence.
17 The Licensee shall ensure that the noise from the Licensed premises whilst being used for Public Entertainment shall not be audible within noise sensitive premises (for example houses, hospitals) with windows open in a typical manner for ventilation.
18 All windows and doors to the room or area in which the function/entertainment is being held/performed shall be kept closed for the duration of the entertainment.
19 The licensed premises shall be provided with such means of escape in case of fire for all persons resorting thereto as may be reasonably required by the Council. Such means of escape shall be maintained in an efficient manner at all times. The means of ingress and egress and the passages and gangways shall during the whole time that the licensed premises are used for public entertainment be kept free and unobstructed.
20 The general fire precaution arrangements shall be approved by the Council and maintained at all times and all persons employed in the licensed premises shall be given instructions and training in the procedure to adopt in case of fire.
21 Such portable fire extinguishers as may be considered by the Council to be required shall be provided at approved positions in the licensed premises and shall be maintained in an efficient state and in good working order and repair.
22 The whole of the licensed premises to which the public have access (including toilet areas) shall be provided with a maintained (i.e. illuminated at all material times) emergency lighting system complying with the code of practice for emergency lighting of premises (B.S. 5266: Part 1: 1975). The system shall be capable of maintaining the necessary level of illumination for a period of one hour from the time of failure or disconnection of the normal lighting. Where the premises are licensed for 250 persons or more, the system must be capable of maintaining the necessary level of illumination for a period of two hours.
23 The emergency lighting system may consist of a central battery unit with slave luminaries, or alternatively self-contained luminaries complying with I.C.E.L. standards. The wiring system from the central battery unit to the slave luminaries shall be in M.I.C.C. cable or other approved heatproof cable. Wiring to self contained luminaries may be in M.I.C.C. or mechanically protected P.V.C. cable. All internal illuminated “EXIT” signs shall comply with B.S. 2560 1978. The installation of the emergency lighting system shall be to the satisfaction of the licensing authority.
24 Residual current devices shall be installed to protect socket outlets likely to be used for operating electrical musical equipment.
25 If, after the issue of a Licence it is proposed that alterations will take place within the areas which are licensed for Public Entertainments the Licensee shall inform the Council prior to such alterations taking place and submit plans for consultation.
26 Nothing shall be done, recited, sung, exhibited or performed, and no dancing shall be permitted which is licentious, indecent, profane, improper or of a suggestive nature, or is likely to cause a breach of the peace (for the avoidance of doubt this condition prohibits the performance of striptease or similar dancing).
27 Whilst the licensed premises are being used for public entertainment drunkenness or other disorderly conduct shall not be permitted. In case any disorderly conduct should occur the licensee shall assist the capture, expulsion and conviction of the offenders.
28 The premises shall be provided with adequate lavatory accommodation, which shall be effectively maintained, cleansed, ventilated, disinfected and supplied with all proper requisites.
29 Any Authorised Officer of the Council, the Fire Authority or any Police Constable may, on production if so required of his/her authority, at all reasonable times, enter the licensed premises and inspect them with a view to seeing whether the terms, conditions or restrictions of this licence are complied with.
30 The licensee shall ensure the persons entering and leaving the licensed premises are counted by his employees or agents using counting machines approved by the Council, and that the total recorded on each counting machine shall at all times, be available for inspection by Officers of the Council, the Fire Authority and Greater Manchester Police.
31 No person engaged in vetting customers and maintaining public order (thereinafter referred to as security staff) whether it be permanently or occasionally, can be employed as security staff unless they have been registered or provisionally registered by the Council.
32 The Licensee must ensure that all security staff shall, whilst employed, carry on their person the ID Registration Card issued in relation to the Doorsafe Scheme and allow it to be inspected on demand by any authorised officer.
33 Whilst the Licensee or his employer engages any person at or about the entertainment premises in the capacity of security staff, the Licensee shall maintain a log in a form approved by the Council, showing in respect of each period of duty of that person:
(a) The name, date of birth and residential address of that person
(b) The time at which he/she commenced that period of duty with a signed acknowledgement by that person.
(c) The time at which he/she finished the period of duty with a signed acknowledgement by that person
(d) Any times during the period of duty when he/she was not on duty
(e) If that person is not an employee of the Licensee or his/her employer, the name of the person by whom the security person is employed or through the services of that person were engaged.
34. The log shall be kept so that it can be readily inspected at any reasonable time by an authorised Officer of the Council or a Police Officer and, once a log has been completed, it must be retained on the premises for at least twelve months.
35. The Licensee, shall as soon as is reasonably practicable, notify the Council of any security staff dismissed by the Licensee for serious misconduct which might reasonably affect the continuation of, or renewal of, such security staff’s registration.
36. A Licensee, when requested, shall identify by name those persons employed by him, to a Police Officer, or other authorised Officer.
37. The Licensee shall ensure that all security staff are given adequate oral and written instructions.
38. A notice shall be conspicuously displayed in the entrance to the licensed premises indicating the maximum number of persons allowed entry under the conditions of this licence.
39. Doors not in normal use, which are regarded as emergency exits, shall be fitted with an alarm, which is activated whenever they are opened. The alarm shall be inaudible in public areas, and shall sound in an area permanently manned by the licensee or his employees whilst the licensed premises are being used for public entertainment. The alarm shall be distinguished from any fire alarm within the building.
40. The licensee shall at all times ensure that persons on or leaving the licensed premises, conduct themselves in an orderly manner and do not in any way cause annoyance to residents or to persons passing by.
41. The licence holder shall take all reasonable steps to ensure that persons leaving the licensed premises and using adjacent car parks and highways, do not conduct themselves in a manner so as to cause annoyance to residents or to persons passing by.
42. In circumstances deemed appropriate, the Council may direct that the licensee shall not permit any person to be admitted to the licensed premises after a specified hour on specified days.
43. In circumstances deemed appropriate, the Council may direct that the licensee shall not employ any person or persons on door control at the licensed premises.
44. The licensee shall be fully responsible for the carrying out of each and every one of these terms and conditions and for the safety of the public and employees in the event of a fire or panic, and shall ensure that he complies with all relevant legislation relating to the use of the licensed premises.
45. For every breach of the terms of the licence or those Regulations, the licensee is liable on summary conviction to a fine not exceeding £2000, and the licence may be revoked.
46. The Council reserves to itself the power from time to time in any special case to modify or dispense with any of these terms and conditions.
Appendix C
Conditions arising from your Operating Schedule
1. The premise 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, such system and the positioning of cameras is to be to the Reasonable satisfaction of Greater Manchester Police. The location of cameras will be recorded on the plan attached to the licence. The recording medium (e.g. discs/tapes/hard drive etc) and associated images 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. A member of staff trained in the use of the CCTV system must be available (but not necessarily at the premises) at all times that the premises are open to the public to provide copies of the data, subject to Data Protection legislation, upon request and as soon as reasonably practicable following a request. The premises licence holder or designated premises supervisor 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 recorded data upon request and within no more than 12 hours from the time of the request. The premises licence holder or the Designated Premises Supervisor must notify the licensing office or the Police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 12hrs.
2. All emergency lighting, fire exits, fire extinguishers, escape routes, fire safety equipment including fire alarms, gas and electrical equipment and installations should be regularly checked to ensure that they are properly maintained and in good working order.
3. Prominent, clear and legible notices must be displayed in all outside areas and at all exits requesting that customers respect the needs of local residents and that whilst using and/or leaving the premises, they do so quietly and at appropriate times, announcements should be made reminding customers of the above.
4. Proof of identity/age should be required and satisfied before allowing entry of person/s who appear may be under 18 years of age and who wish to purchase/consume alcohol.
5. Music and noise emanating from the premises should not be audible so as to cause nuisance inside neighbouring residences at any time. Noise levels should be regularly checked to prevent such nuisance to residents in the vicinity and such checks recorded and retained for a minimum period of 12 months and made available to the police/Authorised Officers of the Licensing Authority upon request. Any complaints should be monitored and investigated and action taken where necessary.
6. All external doors and windows are to be kept closed except for access when live/amplified music and entertainment is taking place so as to prevent any nuisance.
7. No external; doors or windows are to be kept open after 23:00 hours save for the front door which should be closed at 22:00 save for emergency use.
8. Outside seating areas to the premises are to be closed at 22:00 hours to prevent noise nuisance to local residents. A designated smoking area to the rear will be clearly marked for use when the seating area is closed and drinking is not permitted in that area after 22:00 hours. Patrons shall be directed to the designated smoking area after 22:00 hours.
9. All waste collections from the premises must take place after 09:00 hours and before 22:00 hours.
Appendix D
Non Standard Timings
Plays
Film
Indoor Sporting Events
Live Music
Recorded Music
Performance of Dance
Anything of similar description to Live music, Recorded music and Dance
Provision of Facilities for making Music
Provision of Facilities for Dancing
Timimgs for the above:
When opening hours are extended on Bank Holiday Weekends, Christmas Eve, Boxing Day and new Years Eve, timings to be extended to 30 mins before close.
Late Night Refreshment
When opening hours are extended on New Years Eve, timings to be extended accordingly.
Supply of Alcohol
New Years Eve 08.00 hrs 31st December until 08.00 hrs the following day 1st January.
Christmas Eve & Boxing Day until 01.00 hrs.
Hours Premises are Open to the Public
As Supply of Alcohol with a 60 minute wind down period.