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.
Mandatory Conditions pursuant to The Licensing Act 2003
Mandatory Licensing Conditions (Amendment) Order 2014
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.
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 premise
(ii) The designated premises supervisor (if any) under such a licence.
(iii) Any individual aged 18 or over who is authorized 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-
P = D +(D X V)
Where-
(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 consistant with the operating schedule
General
CCTV:
1/ CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions, particularly facial recognition.
2/ Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.
3/ A monitor shall be mounted on the wall at the premises where it is clearly visible to all members of the public. The monitor shall show the live CCTV footage being recorded.
4/ Equipment MUST be maintained in good working order, be correctly time and date stamped.
5/ Recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on reasonable request.
6/ The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to the Police/Local Authority on reasonable request
7/ The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.
8/ An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.
9/ In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 191 as soon as reasonably practicable.
The prevention of crime and disorder
Incident log:
10/ An incident log must be kept at the premises, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police, which must record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received relevant to the Licensing Objectives
(d) any incidents of disorder
(e) any recovered drugs or offensive weapons
(f) any faults in the CCTV system or searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service
Staff training:
11/ All serving staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or any other equivalent recognised training.
12/ Training records shall be kept on the premises and shall be produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards the Council on demand.
Public safety
13/ All requirements and responsibilities pertaining to the lawful and responsible operation of the premises covered by primary legislation, will be complied with - e.g. building regs, health and safety, fire prevention.
The prevention of public nuisance
Good neighbourliness:
14/ Noise or vibration shall not emanate from the premises so as to cause a nuisance to neighbours or residents.
15/ Prominent, clear and legible signage shall be displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
The protection of children from harm
Age verification:
16/ The premises shall operate Challenge 25.
17/ Prominent, clear and legible signs shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.
Refusal register:
18/ A written register of refusals will be kept including a description of the people who have been unable to provide required Identification to prove their age. Such records shall be kept for a period of 12 months and will be produced to the police or authorised officer of the Council on demand.
19/ The only acceptable form of identification shall be a Passport, Photo Driving Licence or Proof of Age Standard Scheme card carrying the PASS hologram.
Alcohol sales - online or via app:
20/ All sales of alcohol arising from an online order for delivery must be paid for, at the point of ordering, by credit or debit card.
21/ The delivery of alcohol shall be made only to a residential or business address and to a customer ordinarily resident or employed at the address. Challenge 25 must be applied.
22/ Orders will not be accepted or completed to any person in a public place (for example a street corner, park or bus stop).
23/ Where a third-party courier is used to supply alcohol, only reputable courier services will be utilised and they must provide an age verification service or adopt a policy of checking age and ID at the time of delivery.
24/The courier must ensure that any order containing alcohol is received by a person over 18 years of age and measures must be in place for the refusal of delivery of items containing alcohol where no person over 18 years of age is able to receive the order.