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: 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 with Greater Manchester Police
General
1. No licensable activity to be permitted outside the premises.
The prevention of crime and disorder
2. The premises license holder must ensure that:
(i) CCTV cameras are located within the premises to cover all public areas including all entrances and exits [The location of cameras could also be specified on the plan attached to the premises licence].
(ii) The system records clear images permitting the identification of individuals.
(iii) 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.
(iv) The CCTV system operates at all times while the premises are open for licensable activities [or specify timings]. 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.
(v) All equipment must have a constant and accurate time and date generation.
(vi) The CCTV system is fitted with security functions to prevent recordings being tampered with, i.e. password protected.
(vii) There are members of trained staff at the premises during operating hours able to provide viewable copies on request by the police or authorised officer of the local authority officers as soon as is reasonably practicable or in any case within 12 hours of receiving the request whether that be verbal or written request.
3. 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:
(i) All alleged crimes reported to the venue or by the venue to the police
(ii) All ejections of patrons
(iii) Any complaints received
(iv) Any incidents of disorder
(v) Seizures of drugs, offensive weapons, fraudulent ID or other items
(vi) Any faults in the CCTV system, searching equipment or scanning equipment
(vii) Any visit by a responsible authority or emergency service
(viii) The times on duty, names and the licence numbers of all licensed door supervisors employed by the premises.
4. All staff authorised to sell alcohol shall be trained in:
i. Relevant age restrictions in respect of products
ii. Prevent underage sales
iii. Prevent proxy sales
iv. Maintain the refusals log
v. Enter sales correctly on the tills so the prompts show as appropriate
vi. Recognising signs of drunkenness and vulnerability
vii. How overservice of alcohol impacts on the four objectives of the Licensing Act 2003
viii. How to refuse service
ix. The premises’ duty of care policy, understanding and dealing with situations involving vulnerable people, and incidents of harassment
x. Action to be taken in the event of an emergency, including the preservation of a crime scene and reporting an incident to the emergency services
xi. The conditions in force under this licence.
5. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 [or specify] monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Bury Council.
6. A minimum of two (2) door supervisors is to be employed when the premises remain open past midnight. The door supervisors should remain on duty until the premises are closed, and all the customers have left.
7. At any other times of the year, door supervisors shall be employed by the premises based upon a risk assessment carried out in relation to the following factors:
(i) Size of the venue
(ii) Expected attendance
(iii) Type of event taking place
(iv) Location of the premises
(v) Time of year
(vi) Special occasion (New Year, Halloween, Local events etc.)
(vii) Premises Licence Conditions
8. Where SIA registered door supervisors are used at the premises, a record must be kept of their SIA registration number and the dates and times when they are on duty.
9. 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 to be used to report incidents and warn each other of the presence of potential trouble makers in the area.
10. 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.
11. No drink shall be removed from the premises in an unsealed container
12. There shall be a lockable ‘drugs box’ at the premises to which no member of staff, except the DPS and/or manager, shall have access. All controlled drugs (or items suspected to be, or containing controlled drugs) found at the premises must be placed in this box as soon as practicable. Whenever this box is emptied, all its contents must be given to Greater Manchester Police for appropriate disposal.
Public safety
13. The premises will be maintained in a safe condition at all times.
14. All emergency exits will be kept free from obstructions and will be clearly identified by signage.
15. A suitably stocked first aid kit will be maintained on the premises and be readily available to staff and customers.
16. Valid fire safety equipment, including extinguishers and smoke detectors, will be maintained and serviced annually.
17. All staff will be trained in emergency evacuation procedures.
18. Customers are to be prevented from leaving the premises with glasses or open bottles.
19. Empty bottles must be placed into secure storage or locked bins so as to prevent them from being used as weapons.
The prevention of public nuisance
20. Noise from the premises, including music and voices, will be kept at a level that does not cause a nuisance to nearby residents. Doors and windows will be kept closed (except for entry and exit) during any live or recorded music performances.
21. Prominent signs will be displayed at all exits requesting customers to respect the needs of local residents and leave the area quietly.
22. The area immediately outside the premises will be kept clean and free from litter. Waste collections and bottle disposals will not take place between 21:00 and 08:00 to avoid noise disturbance.
The protection of children from harm
23. The premises will operate a 'Challenge 25' policy. Anyone who appears to be under 25 will be asked for photographic ID (Passport, Photo Driving Licence, or PASS-accredited card) to prove they are 18 or older before being served alcohol.
24. A refusals log (either paper or digital) will be maintained to record all instances where a sale of alcohol is refused. This log will be available for inspection by the Police or Council officers upon request.
25. Children will only be allowed on the premises when accompanied by a responsible adult. No children will be permitted on the premises after 21:00.
26. The premises shall display prominent signage indicating at any point of sale and at the entrance to the premises that the Challenge 25 scheme is in operation.