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.
Conditions agreed with Greater Manchester Police
General - all four licensing objectives
1. The Premises Licence Holder and Designated Premises Supervisor (DPS) will ensure that all staff are fully trained in licensing law and the responsible sale of alcohol.
2. A strict 'Challenge 25' policy will be enforced to prevent underage sales, and a refusals register will be kept. Management will ensure the premises operates safely and without causing a nuisance to the local community.
The prevention of crime and disorder
3. 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].
4. The system records clear images permitting the identification of individuals.
5. 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.
6. 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.
7. All equipment must have a constant and accurate time and date generation.
8. The CCTV system is fitted with security functions to prevent recordings being tampered with, i.e. password protected.
9. 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.
10. 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. The conditions in force under this licence
11. 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.
12. An Incident Log will be maintained on the premises to record any incidents of crime, disorder, or anti-social behavior, which will be available for inspection by the Police.
13. Alcohol will not be sold to any person who appears to be intoxicated.
Public safety
14. The premises will be maintained in a safe condition, adhering to all statutory health and safety and fire safety regulations.
15. All emergency exits and escape routes will be kept clear of obstructions at all times.
16. Adequate and appropriate lighting will be maintained internally and externally.
17. A first aid kit will be kept on the premises and be easily accessible to staff.
The prevention of public nuisance
18. Clear and legible notices will be displayed at the exit requesting customers to respect local residents and leave the premises and the area quietly.
19. Customers will not be permitted to congregate or consume alcohol directly outside the front of the premises.
20. Commercial waste and recycling will be stored securely, and waste collections/deliveries will be scheduled during normal daytime working hours to avoid disturbing residents.
21. The exterior of the premises will be kept clean and clear of litter.
The protection of children from harm
22. The premises will operate a strict "Challenge 25" age verification policy. Anyone attempting to purchase alcohol who appears to be under the age of 25 will be asked to produce valid, photographic ID.
23. The only acceptable forms of ID will be a valid passport, a photocard driving licence, or a proof of age card bearing the PASS hologram.
24. A 'Refusals Register' (either electronic or physical) will be maintained to record all instances where a sale of age-restricted products is refused. This register will be reviewed regularly by the DPS and made available to Police or Trading Standards upon request.
25. All staff will receive documented training regarding age-restricted sales and the Challenge 25 policy before they are allowed to serve customers, with refresher training conducted every 6 months. Training records will be kept on-site.
26. The premises shall display prominent signage indicating at any point of sale, at the entrance to the premises in all areas where alcohol is located that the Challenge 25 scheme is in operation.
27. The premises shall display prominent signage indicating at any point of sale that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.