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: 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
General
1. Myself as a director, owner and the premises license holder, and ex-navy officer will ensure all staff training is delivered and maintained, and that vigilance is upheld at all times. I will ensure that sufficient & competent staff are on duty at the
premises at all times to fulfill all aspects of the premises license.
2.The DPS will provide training for staff with regards to the licensing act and the licensing objectives. Training records will be kept up to date will all relevant training.
3. We will operate a challenge 25 age verification scheme. (and already do this when using TENS for functions / events) Any persons appearing to be under the age of 25 will be required to produce photographic identification to prove they are over
the age of 18 years.
4. We will only accept the following forms of identification acceptable forms of ID will be Passport, UK driving license or any photo ID bearing the holographic PASS logo. Any persons unable to produce the required ID will be refused service.
5. Fully operational CCTV system to be installed once renovation works are completed, to include external and internal areas.(We currently have a basic motion-activated internal CCTV system installed covering the front & back of the exterior of the
building and 2 cameras inside, with recording option available and live remote viewing by smart phone / ipad)
6. Staff training is to include but is not limited to: “Challenge 25” policy and acceptable forms of identification, dealing with drunk and disorderly behaviour, drugs policy and preventing use on the premises.
The Prevention of crime and disorder
1. The type of business that we operate - a bistro cafe - is well established (open and operating for 7 years by same continual owners and close working relationship exists with both Bury Council and the local police officers) and known with a
respectful clientele, attracting families and regular customers of all ages who are well known to us. We plan to continue to focus on this demographic.
2. Currently we have a basic motion-activated CCTV system, which is switched on once we close (and can be monitored live). It currently monitors entrances, exits, and other parts of the premises including tills and seating areas.
3. We are about to undertake renovation works to the building, and once completed, we will be upgrading to a more effective CCTV system with cameras that will monitor internal seating areas, entrances and exits, bar area and external seating areas,
within our licenced premises (and included within our building lease)
4. When upgraded, the recording medium and associated images will be retained ans securly stored for 28 days and will be made available to the police / authorised officers of the Licencing Authority within 24hrs when requested. Our DPS will
notify the licensing officer / police in the event that our CCTV system isnt working (within 24hrs).
5. No drink shall be removed from the premises in an unsealed container. An incident book / log shall be used and maintained to record all incidents at the premises. The book / log is to be made available to the police and / or authorised officers of the Licensing Authority upon request.
A refusal book / log shall be used and maintained to record details of incidents whereby a customer is refused sale of alcohol. The log must include the reason for refusal. The book / log is to be made available to the police and / or authorised
officers of the Licensing Authority upon request. A clear and legible notice will be displayed outside the premises indicating the hours of licensable activities as per the terms of the Premises License.
External lighting will used to illuminate all outdoor areas as per the premises license. • DPS will ensure regular checks are carried out of all outdoor licensable areas to ensure empty glassware, bottle and litter is removed in a timely manner.
Public safety
1. Fire Prevention - we have an annual fire risk assessment completed by ex-fire personnel and all extinguishers and fire blankets checked annually and easily accessible. As ex-navy, I am also fire trained. All fire exits are clearly marked and
emergency lighting is in place. Staff are also instructed in usage of the fire equipment where the evacuation points are.
2. First Aid - we have recognised first aid trained staff, and at least 1 first-aider will always be on shift whilst the business is open and operational. All staff are aware of the location of the first aid boxes, and there is a defibrillator is immediately
outside the door.
The protection of children from harm
1. Our primary business is a cafe bistro; the supply of alcohol is not our primary purpose.
2. There are no activities taking place, such as films, sporting events nor adult entertainment which would expose children to viewing or harm. The premises will operate a "Challenge 25" proof of age policy and signage will 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 license or a proof of age card bearing the official
'PASS' accreditation hologram should to be accepted as proof of age.
3. Customers under the age of 18 years must be accompanied with a responsible adult after 6pm and must be seated at a table in order to purchase drink and food.
4. We will not be putting on events to attract under 18s or youths, and have our own policy of not accepting bookings for private events for 18th birthdays. Relevant ID is requested for any private event booking.