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
G01: Any designated queuing area shall be enclosed within appropriate barriers to ensure that the highway is kept clear.
G02: There shall be no sales of alcohol for consumption off the premises.
G03: Prominent, clear notices shall be displayed at every public entrance stating the actual operating hours of the premises.
G04: Prominent, clear notices shall be displayed at every public entrance stating any restrictions relating to the admission of children to the premises or other admission restrictions.
G05: Door supervisors at the premises shall be on duty at all times, based on the Policy that includes the searching of persons.
G06: Crime prevention notices and advice shall be displayed in order to support local crime prevention initiatives.
G07: Signage will be placed outside the premises to advise patrons that they will be subject to searches from door staff and that the searches will be monitored by CCTV. Refusal to be searched will result in no entry to the premises
The prevention of crime and disorder
CD01: All staff engaged in licensable activity at the premises will receive training and information in relation to the following: the Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable; the hours and activities permitted by the premises licence; how to complete and maintain the refusal register in operation at the premises; recognising the signs of drunkenness; the operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase; and action to be taken in the event of an emergency, including reporting an incident to the emergency services. Training shall be recorded in documentary form and shall be regularly refreshed at no greater than annual intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.
CD02: An incident log shall be kept and maintained at the premises which will include a log of any incidents of disorder or of a violent or anti-social nature; all crimes reported to the venue, or by the venue to the police; all ejections of patrons; any complaints received; seizures of drugs or offensive weapons; any faults in the CCTV system; any visits by a responsible authority or emergency service. Records must be completed within 24 hours of any incident and will contain the time and
date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.
CD03: No alcohol shall be consumed on the premises more than 30 minutes after the permitted terminal hour for the supply of alcohol.
CD04: Management controls shall ensure that no admissions or re-admission to the premises after 02:00 hours .
CD05: The number of SIA licensed door supervisors employed shall be in accordance with the following ratio: A minimum of 1 door supervisor will be employed per up to 100 customers.
CD06: A comprehensive drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.
CD07: The licensable activities authorised by the premises licence and provided at the premises shall be ancillary to the main function of the premises as a bar and social space.
CD08: The premises shall install, operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police, covering all public areas including entry and exit points. The system must record clear images permitting the identification of individuals and must record continually during all times when the premises are open for licensable activities. Recordings will be stored for a minimum period of 31 days with date and time stamping.
CD09: The premises licence holder or Designated Premises Supervisor must notify the licensing office or the police in the event of CCTV breakdown as soon as is reasonably practicable and in any event within 24 hours. The CCTV system will be rectified as soon as possible and in any case within 48 hours. If the CCTV system cannot be rectified within 48 hours then the premises will remain closed until the CCTV system is fully operational.
CD10: Last entry to the premises will be 03:00 hours when closing at 04:30 hours, last orders will be at 04:10 hours. Last entry to the premises will be 02:45 hours when closing at 03:15 hours, last orders will be at 03:00 hours.
CD11: 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 moving from one part of the premises to another.
CD12: The premises must be linked to a system of communication with the Police and other licensed premises as agreed with the Police and Licensing Authority. The system shall be kept in good working order at all times. When the premises are open to the public, the communications link to the Police and other licensed premises shall be switched on and available to and monitored by the Designated Premises Supervisor or a nominated member of staff. The system is to be used to report incidents and warn each other of the presence of potential troublemakers in the area.
CD13: Self-sealed numbered bags will be used to safely and securely store any drugs that are seized. Wherever possible, the bag will be sealed and signed in the presence of the individual(s) from whom they were seized.
CD14: Internal patrols shall be carried out in areas which are vulnerable to drug taking or supply, such as toilets or poorly lit areas, as a minimum requirement every 30 minutes. The patrols will record within the incident book should any drugs be found on persons within the premises or drugs paraphernalia found within the toilets or other vulnerable areas.
CD15: A lockable box for the storage of confiscated substances will be installed on the premises, the contents of which will be handed to the police.
CD16: When employed, door staff will monitor customers as they queue and enter the premises. In order to deter customers from bringing drugs and/or offensive weapons into the premises, no less than 1 in 10 customers entering the premises shall be searched.
Public safety
PS01: No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Premises Licence Holder and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.
PS02: The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed the number specified by the Premises Licence Holder, subject to approval by the Licensing Authority.
PS03: Seating for no less than 50% of the maximum occupancy shall be provided in the premises at all times the premises are in operation.
PS04: In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.
PS05: A suitable and sufficient air circulation and management system must be installed within the premises which will be used during regulated entertainment. This system is to maintain a reasonable internal air temperature so as to avoid patrons or staff opening windows and doors to ventilate the premises. Additional conditions are in place to prevent the opening of windows and doors to minimise noise breakout.
PS06: Barriers/guards will be available where queues for entry can be envisaged. These must be arranged so as to control patrons, keep the pavements clear, and ensure that queues do not impact on means of escape in case of fire.
PS07: Queuing outside the premises shall be restricted to a designated area located at a specified location. Door supervisorswill be properly briefed and trained to manage queues in a safe and efficient manner.
PS08: Customers are to be prevented from leaving the premises with glasses or open bottles
The prevention of public nuisance
PN01: The performance of live entertainment will be limited to a maximum duration of four hours inclusive of any breaks, and shall not occur more than three evenings per week.
PN02: A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
PN03: No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.
PN04: The handling of kegs, bottles, cleaning equipment, bottle disposal and similar items shall not take place before 08:00 hours or after 02:00 hours.
PN05: Between the hours of 23:00 and 07:00, the noise climate of the surrounding area must be protected such that the Aweighted equivalent continuous noise level emanating from the premises must not increase by more than 3 dB as compared to the same measure with no entertainment taking place.
PN06: A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises.
PN07: Management and staff are to use their best endeavours to prevent persons loitering at the premises and to ensure that persons refused entry or ejected are asked to leave the vicinity of the premises.
PN08: Music and associated other noise sources (e.g. DJs and amplified voices) shall not be generally audible inside noisesensitive property at any time. The DPS or a member of staff is to carry out noise level checks of the surrounding outside area whenever entertainment is being provided, taking action to reduce noise levels where there is a potential for nuisance to be caused.
PN09: All external doors and windows shall be kept shut at all times when the premises are open and during regulated entertainment, except for normal entrance and egress of people.
PN10: Noise levels in outside areas will be monitored and controlled after 23:00 hours to minimise any potential impact on local residents. Customers will be advised of the need to respect local residents where appropriate.
PN11: A designated and delineated smoking area will be allocated outside the premises. Suitable receptacles will be provided for cigarette litter within the designated smoking area, and the area shall be regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.
PN12: No collections of waste or recycling materials (including bottles) from the premises shall take place between 02:00 hours and 08:00 hours.
The protection of children from harm
PC01: All bar staff, supervisors, and managers must be trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack (or equivalent), prior to undertaking the sale of alcohol and then at least every twelve months. Training shall be signed and documented. Training records must be kept on the premises and be made available for inspection and copying to an authorised officer of a responsible authority on request.
PC02: There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.
PC03: The premises shall display prominent signage indicating at every point of sale that a Challenge 25 scheme is in operation.
PC04: An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include the date and time of refusal, the reason for refusal, details of the person refusing the sale, description of the customer, and any other relevant observations. The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.
PC05: Unaccompanied children under the age of 16 will not be allowed upon the premises at any time.