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 Promotion of Objectives
1. The business will ensure a responsible approach to the sale of alcohol and the late night trading and implement a positive attitude to management training on health, safety and public protection.
2. All staff will be advised of licensing law, in particular the Licensing Act, in writing before they are allowed to serve alcohol.
3. Training will be provided on premises' specific policies on the furtherance and promotion of the licensing objectives herein contained.
4. A record will be kept of the date and names of of person trained of advised and will be made available for inspection by the police or licensing authority. The restaurant is on two floors, with close surveillance of all customers.
The prevention of crime and disorder
1 CCTV. The premise is to operate an effective CCTV system both inside and outside the premises which is to be maintained in good working order at all times the premises is open for business. The type of system and the number/positioning of cameras is to be agreed in liaison with the 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. 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 24 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 24hrs.
A written record shall be kept every time images are recorded by CCTV and shall include details of the recorded medium used, the time and date recording commenced and finished. This record shall identify the person responsible for the recording and shall be signed by him/her. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.
2. Emergency exits that are not visible to the staff will be alarmed when the premises are open to the public so that staff are immediately notified of unauthorised opening or tampering.
3. All staff and private areas will be kept locked and secured whilst the premises are open to the public.
4. The recordings will be in real time and on hard drive with the availability to copy discs for other agencies such as the police.
5. Care will be taken so that external lighting does not impact on neighbours whilst providing whilst providing a deterrence.
6. The alarm will be linked to a system that will notify management if it is activated when the premised is closed.
7. Staff will be trained to supervise admissions and customers inside the premises.
8. AIl staffwill be made aware of the premises security policy.
9. Daily staff briefing will take place on the premises after and before opening hours to help identify any weakness and improve working practice in the premises.
10. Any problems identified and remedial action taken will be recorded with records kept on the premises.
11. A door admission policy will be complied with to ensure there is no overcrowding or problems are not allowed to enter or congregate outside.
12. Persons will be refused entry where they do not meet the admission policy or are known to be violent or aggressive and an entry will made in an incident book.
13. A policy to manage capacity will be implemented and adopted to prevent overcrowding and patrons possibibly becoming aggressive through accidental jostling.
14. Glass drinking vessels will not be permitted to leave the premises at any time.
15. There will be a robust glass collection policy to ensure drinking vessels are collected and vessels are not removed from the premises.
16. A zero tolerance policy will be adopted to the use of drugs and carrying weapons
17. A customer dispersal policy will be implemented and adopted to minimise the potential for disorder from customers leaving the premises.
18. Staff will be provided with training to give them knowledge and confidence to deal with difficult situations.
19. Alcohol display will be in restricted areas only to ensure customers do not have access without staff supervision and to prevent theft and removal from the premises.
20. Display areas will be covered by CCTV
21. Alchol sale will be restricted at the end of opening hours to ensure there is a period of one hour to allow a 'drinking up' period of 30 minutes to prevent rapid consumption and to manage a safe dispersal of patons leaving the premises.
22. There will be a strict ban on irresponsible drinks promotions within the premises.
23. Staff will be trained on the effects of alcohol and how to spot the early signs of customers becoming drunk.
24. A Duty of Care policy will be implemented with regard to persons suffering adversely from the effects of drink. The policy will encourage staff to prevent a customer from deteriorate to an uncontrolled intoxicated extent. All staff will be briefed on their responsibilities.
25. Management will not permit the sale of closed bottle beers or cans to be consumed off the premises.
26. The Premises License Holder / Designated Premises Supervisor will conduct a risk assessment with regards to the employment of SIA register door supervisors taking into account key dates throughout the year such as Christmas Eve, News Years Eve, Bank Holidays as well as specific events held within the premises such as the showing of live sporting events.
Staff training shall take place on the Licensing Act and Licensing objectives every six months and a written record of this training to be maintained and made available to the police and any authorised officer of the Council for inspection on request.
No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery or from moving from one part of the premises to another.
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:
(a) all crimes reported to the venue, or by the venue to the Police
(b) all ejections of patrons
(c) any incidents of disorder
(d) any faults in the CCTV system
(e) any visit by a relevant authority or emergency service
Public safety
27. A full risk assessment taking into account public safety will be carried out at the premises to identify potential hazzards posed to staff or customers and setting out precautions to manage the hazards. A risk assessment will be regularly reviewed at least ever 12 months.
28. All staff will be made aware of the risk assessment and precautionary measures therein.
29.A copy of the risk assessment will be kept at the premises and made available for inspection.
30. First aid boxes will be available at the premises and maintained with sufficient in date stock.
31. Temperature levels and humidity will be controlled for the comfort and safety of customers.
32. The premises capacity cap that has been assessed having regard to Health and Safety Standards. This capacity will remain and there are no increases planned or anticipated. Management and staff will ensure the capacity is not breached and managed effectively.
33. Staff will be trained to manage the collection of glassware to ensure there is no accumulation within the premises.
34. Staff will be trained to prevent glassware being taken off the premises.
35. Spillages and broken glass will be cleared immediately to prevent floors becoming slippery and unsafe. Barriers and warnings will be placed accordingly to prevent injury.
36. Staff will be trained to spot the signs of drink spiking and to report any such incidents to management.
37. Management will make a record of any incident of drink spiking and to report the matter to the police.
38. Management will discourage incidents of drink driving by promoting Designated Driver practice.
39. Staff will be trained to spot the early dangers of drink driving and notify management of any potential dangers.
40. Management will make a record of any incidents of p[otential drink driving and actively seek to prevent such incidents from arising. Such indcients will be reported to the police accordingly.
41. A written policy to deal with all types of accidents and emergency indidentswill be placed in the premises.
42. Customers will be offered safe travel home where management and staff will offer contact numbers for taxi services and facilities to call and reserve a taxi.
43. There will be a safe waiting area within the premises for customers awaiting transport to prevent congregation outside the premises.
44. Customers are to be prevented from leaving the premises with glasses or open bottles.
45. Empty bottles must be placed into locked bins so as to prevent them from being used as weapons.
46. The DPS or premises licence holder must develop and operate a dispersal policy for clientele leaving the premises.
47. Checks will be carried out each day after closing and before opening to ensure that exits are unblocked and there are no glassware outside the premises.
48. An accident book will be kept in order to record all accidents or incidents and made available for inspection.
49. Entry will be refused to anyone who appears to be showing signs of drug use or excessive alcohol consumption. In such cases an entry will be made in an incident log book.
50. Staff will be fully trained and made aware of their responsibilities regarding legislation permitting the sale of alcohol.
51. Information will be displayed to customers with regards to safe options for traveling home.
52. Tap water will be available free at all times.
53. Management and staff will receive full training on crowd management and premises safety checks to ensure all incidents of anti social behaviour is managed effectively and recorded.
The prevention of public nuisance
54. A noise management policy will be in place will be in place that sets out sound attenuation measures to prevent singing and speech noise breakout from the premises.
55. All staff will be trained on the policy to ensure a commitment to good noise management. A record will be kept of the date and name of of the persons trained and made available for inspection by the licensing authority or environmental health responsible authority.
56. Windows and Doors will be kept closed whilst the premises licence premise is in use to prevent the breakout of noise.
57. Doors will be closed with self closing devices.
58. The restaurant noise elimination lobby within the entrance. It will be effectively managed to reduce and buffer any nominal noise emanating from the dining room.
59. Noise monitoring will be actively carried out on a regugar basis.
60. A log book will be kept of any noise monitoring carried out, the findings and remedial; action taken recorded. The log will indicate whether the it was routine noise monitoing or the result of a complaint.
61. The log book will be made available for inspection by the licensing authority or environmental responsible authority. 9. A contact telephone number will be made available to local residents that may be used to report any noise disturbances to a responsible person at the premises as when they occur. The phone line will be made available all the times the licensed premises is in use.
62. Rowdy behaviour from people entering or leaving will not be tolerated and entry into the premises will be refused to persons suspected or carrying out anti social behaviour or under the influence of alcohol.
63. Repeated re-admittance will be managed and not tolerated in particular after 10-00 pm.
64. A customer dispersal policy will be adopted and implemented to ensure customers leave the premises in a quiet and efficient manner.
65. Signs will be displayed close to the exit doors requesting pations to leave the premises quickly and quietly.
The protection of children from harm
66. The premises will operate a "Challenge 25" proof of age policy and signage to this will be prominently displayed within the premises. Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, official documentation which is proof of identity/age before being sold/supplied alcohol. Only a passport, photo-card driving licence, HM forces identification or a proof of age card bearing the official 'PASS' accreditation hologram should to be accepted as proof of age. No digital / photocopies of official identification will be permitted.
67. The premises is to maintain a refusals book to record the details of incidents/descriptions of individuals whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18. The book must be made available to the police/authorised officers of the Licensing Authority on request.
68. No person under the age of 18 shall be permitted access to the premises when entertainment of an adult nature is taking place.
69. No person under the age of 18 shall be permitted to remain on the premises after 21 hours save for any private function where they are accompanied by an adult responsible for their welfare.