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 agreed at licensing hearing sub commitee December 2021
1. A tamper-proof digital colour CCTV system shall be installed and maintained on the premises. All recordings will be retained on the premises for 31 days.
2. The CCTV system must provide a clear head and shoulders view to an evidential quality on the customers entry.
3 Record footage must be provided within a reasonable time to an authorised responsible Authority Officer upon request.
4. Such footage must be provided in an immediately viewable format and must include any software etc. that is required to view the footage.
5. The Designated Premises Supervisor shall ensure that the CCTV system is checked at least once ever month. This check shall include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time and date. A written record of these checks shall be kept on the premises at all times and made available to a representative of any responsible authority on request.
6. Alcohol shall only be supplied to diners ancillary with a substantial food order. 7. A contact number for the Designated Premises Supervisor will be available on the premises when not on duty.
8. Relevant staff will be given the appropriate training on the legislation relating to alcohol and diners under the age of 18.
9. Signage will be displayed in prominent positions as a reminder to staff regarding serving alcohol to under 18’s.
10. The premises and toilets are situated on the ground floor A full written Health & Safety assessment will be carried out and fire extinguishers will be in place. 11. Prominent, clear and legible notices shall be displayed at all exits and in key areas, requesting the public to respect the needs of the local residents and to leave the premises and the area quickly and quietly.
12. No exterior lighting will be positioned so it will not be an annoyance to any resident
13. The extractor fan will be fitted with special anti-vibration shock absorbers.
14. Deliveries of goods will only be permitted between the hours of 08.00 and 18.00.
15. All refuse will be stored in suitable industrial containers and will be removed by a reputable waste company between the hours of 08.00 and 18.00. Page 20 16. When the premise is open for business, except for access and egress, all doors and windows shall be kept closed at all times to control any noise that may escape from the restaurant.
17. The owners shall conduct regular noise assessments at regular intervals after 21.00 if they believe that noise coming from the premises may be causing a nuisance to local residents and use remedial action to reduce if possible.
18. Prominent signage will be displayed advising customers of the designated smoking area. Customers will be encouraged to use the area.
19. Training regarding Challenge 25 and 16 or 17 year old’s consuming alcohol on the premises shall be introduced for all staff who are in a position to take food and drink orders, sell or serve customers. This programme shall be made available for inspection at the request of a Responsible Officer. A written record shall be kept of the content of the training for a minimum of 12 months.
20. The premises shall operate a Refusals Log and an Incident Log.
21. A Challenge 25 Scheme shall be in operation at the premises and signage shall be prominently displayed at key areas. The only forms of ID that will be accepted will be valid photographic Driving Licenses, valid Passports, or other reliable photo ID that would be accepted by the Home Office.
22. The DPS or PLH shall conduct six monthly reviews with all members of staff authorised to sell, serve or deliver alcohol in order to reinforce the training and to promote best practice. A written record shall be kept of the content of such reviews.