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.
Condistions consistant with the licensing objectives
General - all four licensing objectives
The Licensee, that is the person in whose name the premises licence is issued, shall ensure that all times when the premises are for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.
The Licensee shall ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol, particularly with regard to drunkenness and underage persons. Records will be kept of training and refresher training.
The prevention of crime and disorder
1/ CCTV - The premises licence holder ensures that:
a/ CCTV cameras are located within the premises to cover all public areas including all entrances and exits.
b/ The system records clear images permitting the identification of individuals.
c/ The CCTV system is able to capture a minimum of 24 frames per second and all recorded footage must be securely retained for a minimum of 28 days.
d/ The CCTV system operates at all times while the premises are open for licensable activities.
e/ All equipment must have a constant and accurate time and date generation.
f/ The CCTV system is fitted with security functions to prevent recordings being tampered with, i.e. password protected.
g/ There are members of trained staff at the premises during operating hours able to provide viewable copies on request to police or authorised local authority officers as soon as is reasonably practicable in accordance with the Data Protection Act 1998 (or any replacement legislation).
h/ A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a police officer or authorised council officer
copies of recent CCTV images or data with the minimum of delay when requested. Illegal drugs
i/ The premises shall operate a zero-tolerance policy to drug use and posters shall be prominently displayed to this effect. All staff shall be trained in the implementation of the venue’s drugs policy.
2/ Reporting
a/ An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority, which will record the following incidents including pertinent details:
b/ All alleged crimes reported to the venue or by the venue to the police
c/ All ejections of patrons
d/ Any complaints received
e/ Any incidents of disorder
f/ Any faults in the CCTV system equipment
g/ Any refusal of the sale of alcohol
h/ Any visit by a responsible authority or emergency service
3/ Staff training. All staff authorised to sell alcohol shall be trained in:
a/ Relevant age restrictions in respect of products
b/ Prevent underage sales
c/ Maintain the refusals log
d/ Recognising signs of drunkenness and vulnerability
e/ How over-service of alcohol impacts on the four objectives of the Licensing Act 2003
f/ How to refuse service
g/ The premises’ duty of care policy, understanding and dealing with situations involving vulnerable people, and incidents of harassment
h/ The conditions in force under this licence.
Training, include evidence that the trainee has gained knowledge and understanding of the training, which may consist of a test or quiz, completed and signed by the trainee.
Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 12 monthly intervals.
Training records shall be made available for inspection upon request by a police officer or anauthorised officer of Bury Council.
Public safety
4/ Fire Safety
a/All exit doors are easily operable without the use of a key, card, code or similar means
b/ Exit doors are regularly checked to ensure they function satisfactorily.
c/ All fire doors are maintained unobstructed and will not be held open other than with approved devices
d/ Fire drill and emergency lighting tests are conducted weekly / monthly. Records of these tests are available upon request.
e/ All staff members have been trained in fire and emergency evacuation procedures. Emergencies
f/ The premises licence holder shall ensure that at all times when the public is present there is at least one competent person able to administer first aid,that an adequate and appropriate supply of first aid equipment and materials is available on the premises, and that adequate records are maintained in relation to the supply of any first aid treatment.
g/ All staff on duty at the premises shall be trained in the Emergency and Evacuation procedures for the premises and aware of their individual responsibilities. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 12 monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Bury Council.
5/ Preventing and dealing with drunkenness and vulnerability
a/ The premises shall have a documented Duty of Care policy for managing intoxicated and vulnerable customers and dealing with incidents of harassment at the premises. The policy shall also include provision for persons refused entry to the premises who are also considered vulnerable by staff.
b/ The premises shall display prominent signage indicating in all areas where alcohol is located that it is an offence to sell alcohol to anyone who is drunk.
c/ A Personal Licence Holder must be present at the premises to supervise all sales of alcohol.
d/ The premises shall provide facilities for customers to securely recharge their mobile phones
Glassware / bottle sparklers
e/ Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic or otherwise) in open containers except for consumption in any delineated external area as shown on the plan attached to the licence.
f/ Spirit, Champagne and all other glass bottles greater than 70cl are restricted to customers seated at a table, in the bar area in the delineated area as shown on the plan attached to the licence. These bottles must be secured to the table or ice bucket and must only be dispensed by a member of staff who is trained in the responsible service of alcohol. Customers must not be permitted to leave their table carrying any such bottle or be permitted to drink directly from the bottle.
The prevention of public nuisance
5/ Preventing noise and other public nuisances
a/ All external windows and doors must be kept shut at all times when regulated entertainment is being provided. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter.
b/ No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that gives rise to a nuisance.
c/ There shall be no noise or odour caused by the kitchen extraction equipment that gives rise to a nuisance.
d/ The dispersal of customers from the premises must be managed in accordance with the following:
e/ Clear and legible notices must be prominently displayed at all exits requesting customers to respect local residents and leave the area quietly.
6/ Smoking and other external areas
a/ Customers permitted to temporarily leave and then re-enter the premises to smoke must be restricted to a designated smoking area outside the front of the premises. No more than 50 of customers will be permitted to remain in the designated smoking area at any one time.
b/ Clear and legible notices must be prominently displayed at any area used for smoking requesting customers to respect the needs of local residents and use the area quietly
c/ No more than 50 customers will be permitted to enter or remain in define outdoor area of the premises at any one time, between the hours of 12:00 to 00:00.
d/ The tables and chairs outside the premises shall be brought inside at 22:00hrs
e/ Staff shall regularly supervise the pavement area outside the premises to ensure customers are not blocking pavements or causing nuisance to neighbouring premises.
6/ Litter and cleansing
a/ At 12:00 - 00:00 the area outside the premises, where seating is permitted must be swept and/or washed, and litter and sweepings collected and stored in the commercial general waste bins at the rear of the premise and collection weekly by a commercial waste carrier.
b/ Empty bottles which have been collected must be placed into locked bins when deposited
c/ All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
d/ Between the hours of 00:00 and 07:00 no waste/glass bottles will be moved or deposited outside.
e/ Persons wishing to leave the premises to smoke shall not be permitted to take drinks outside with them, except in the seated areas outside the premise.
7/ Deliveries (nuisance)
a/ No deliveries or collections relating to licensable activities at the premises will take place between the hours of 20:00 and 06:00
b/ Delivery drivers shall conduct the delivery in a manner that will not cause a noise disturbance to the occupiers of any residential properties surrounding the delivery address. This includes the avoidance of slamming doors, playing loud music, shouting, over-revving engines and sounding horns to signal their arrival. The driver shall turn the engine off immediately upon arrival at the delivery address and will parkconsiderately without causing any obstruction to the highway.
The protection of children from harm
8/ Preventing underage sales
a/ The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, a card bearing the PASS hologram, or any electronic or biometric age verification technology approved by the licensing authority.
b/ The premises shall display prominent signage indicating in all areas where alcohol is located that the Challenge 25 scheme is in operation.
c/ The premises shall display prominent signage indicating in all areas where alcohol is located that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.
d/ A refusals record must be kept at the premises which details all refusals to sell alcohol. This record must include the date and time of the incident, a description of the customer, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made within 24 hours of the refusal. The record must be made available for inspection and copying within a reasonable time of a request by an officer of a Responsible Authority.
Condition agreed with Greater Manchester Police
9/ The DPS/Licensee will conduct a dynamic risk assessment in relation key dates throughout the year such as the last Friday before Christmas Day, New Year’s Eve and Sundays of bank holidays and employ SIA registered door supervisors as required. A minimum of 2 x door staff will be employed at any one time.