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.
Licensing objectives
General
1/ All staff will be provided with training (and undergo regular refreshment training ) in relation to the licensing objectives that are commensurate with their duties. This will include the individual’s responsibilities, age verification and licensing offences, as appropriate.
2/ Details of the training will be recorded in a personnel file or log book and will be refreshed at regular intervals and made available to authorised persons from Responsible Authorities.
3/ We will require Designated Premises Supervisor (DPS) to ensure that a written notice of authority is kept at the premises for all staff who sell alcohol. This notice will be made available for inspection upon request by the police or an authorised officer of the licensing authority. Additionally, we will ensure that all staff selling alcohol carry formal identification so their identity can be verified against the written notice.
The prevention of crime and disorder
4/ We will install and maintain a comprehensive digital colour CCTV system at the premises. The system will cover all public areas of the licensed premises, including all public entry and exit points as well as the surrounding street environment. This coverage will enable facial identification of every person entering the premises under any lighting conditions.
5/ The CCTV cameras will continually record while the premises are open to the public, and all recordings will be kept available and unedited for a minimum of 28 days, with date and time stamps included. We will ensure that a staff member who is familiar with the operation of the CCTV system is present at all times when the premises are open to the public. This staff member will be able to produce, download, or burn CCTV images upon request by a police officer or an authorised officer
of the licensing authority. Any footage will be in a format that can be played on a standard personal computer or standard DVD player. If recordings are stored on removable media (e.g., compact disc, flash card, etc.), we will provide a secure storage system to keep those recording mediums safe.
6/ We will maintain an incident log (which may be recorded electronically) at the premises for at least six months, and we will make it available upon request to the Police or an authorised officer of the licensing authority. The log will include details of the following incidents:
(a) All crimes reported to the venue or by the venue to the Police
(b) Any patrons ejected from the premises
(c) Any incidents of disorder
(d) Any faults in the CCTV system, searching equipment, or scanning equipment
(e) Any refusal of the sale of alcohol
(f) Any visit by a relevant authority or emergency service
7/ A detailed “Customer Code of Conduct” poster is conspicuously displayed warning customers that if they act in an inappropriate manner they could be barred from the licensed premises in the vicinity.
8/ Any restrictions on the admission of children to the premises are conspicuously displayed outside the premises.
9/ Appropriate signage representative of the above shall be displayed in conspicuous positions.
Public safety
10/ A full fire risk assessment will be carried out in respect of the premises.
11/ All safety matters at the premises are adequately covered by statutory provisions such as
12/ The Health and Safety at Work (etc) Act 1974
13/ The Regulatory Reform (Fire Safety) Order 2005.
The prevention of public nuisance
14/ Doors and windows will be kept closed when regulated entertainment is taking place.
15/ Signs requesting that customers leave the premises quietly shall be displayed at the exits.
16/ Anyone causing a nuisance will be asked to leave the premises. If the nuisance continues police will be called.
The protection of children from harm
17/ A Challenge 25 scheme will be adopted in compliance with the age verification condition: Customers who appear be under 25 years of age will be required to prove their age when purchasing alcohol. Suitable forms of identification can be passport, photo driving licence, or other identification recognised by the licensing authority in its statement of licensing policy,failure to provide such ID will result in no sale of alcohol to that person.
18/ To compile and maintain a refusal book containing records of instances/persons who have been refused the sale of alcoholon the basis of their perceived age, usage of same to be monitored on a regular basis by the DPS.
19/ We will also display prominent signage at all points of sale, the entrance to the premises, and in all areas where alcohol is located. These signs will clearly state that it is an offence to buy or attempt to buy alcohol for anyone under the age of 18.
20/ In addition to other training, we will ensure that all staff are properly trained to prevent underage sales, recognize and prevent proxy sales, maintain the refusals log, correctly record sales on the tills (so appropriate prompts are displayed), and apply their training effectively. Documented records of completed training will be kept for each staff member. We will also ensure that staff training is refreshed regularly, at intervals of no more than six months.