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
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 Consistent with the Operating Schedule
1/ The premise will operate a CCTV system which is to be maintained in good working order at all times the premises is open for business. The system and the positioning of the cameras will be installed to the reasonable satisfaction of Greater Manchester Police. The recording medium (e.g. discs / tapes / hard drive etc.) and associated images will be retained and securely stored for a minimum period of 28 days and are to be made available/provided to the police and other authorised officers of the Licensing Authority upon request and in any event within 24 hours, subject to the requirements of the Data Protection Act. The premises licence holder or designated premises supervisor will ensure the police have the contact details of at least two members of staff who are trained in the operation of the equipment. The staff trained in the use of the CCTV system must be available (but not necessarily at the premises) at all times that the premises are open to the public.
2/A daily log will be maintained at the premises showing the full name, date of birth and SIA badge number of the Door Security Staff on duty, the time when they started and ended their shift and the details of any incidents that take place, including incidents when a member of the public is refused entry to the premises. The log will be made available to the Police, to SIA inspectors & to Authorised Officers of the Licensing Authority on request.
3/ Staff training shall take place on the Licensing Act and Licensing objectives upon commencement of employment and every six months thereafter. A written record of this training is to be maintained and made available to the police and any authorised officer of the council for inspection on request.
4/ With the exception of customers using the front patio area, alcoholic drinks will not be removed from the premises in an unsealed container.
5/ With the exception of customers moving from the front patio area into the premises, no person in possession of alcoholic drinks in an 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.
6/ The DPS and/or Premises Licence holder will ensure that the patio area to the front of the premises is monitored on a regular basis to ensure customers do not cause a public nuisance to nearby residents.
7/ Empty bottles must be placed into locked bins so as to prevent them from being used as weapons.
8/ Management and staff are to use their best endeavours to prevent persons loitering at the premises. People who have been refused entry or ejected from the premises will be asked to leave the vicinity of the premises.
9/Prominent, clear and legible notices must be displayed at all exits requesting that customers respect the needs of local residents and to leave the premises and area quietly.
10/ Music and associated other noise sources (e.g. DJs and amplified voices) shall not be generally audible inside noise sensitive property at any time. The DPS or a member of staff will carry out noise level checks of the surrounding outside area whenever entertainment is being provided and will take the appropriate action to reduce noise levels where there is a potential for nuisance to be caused.
11/ When regulated entertainment is taking place, at an appropriate time before closing time, announcements should be made reminding customers to leave quietly.
12/ On occasions when the premises are used / hired to hold an 18th birthday party, at least two SIA registered security staff will be employed at the premises for the duration of the function. In addition, on such occasions, the sale of alcohol and the provision of regulated entertainment is to cease at 23.00hrs.
13/ The premises will operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises. Only a passport or photo-card driving licence, or a proof of age card bearing the official ‘PASS’ accreditation hologram should to be accepted as proof of age.
14/ The premises will 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 customer. The book must be made available to the police and authorised officers of the Licensing Authority on request.