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 consistent with the operating schedule
General
Following a risk assessment of the premises against the Licensing Objectives. We offer the following conditions that will support our application.
1: CCTV.
1.1
The premises shall install and maintain a digital CCTV system
1.2
The CCTV system shall have sufficient hard drive storage capacity to store a minimum of 30 days.
1.3
The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at each exit and entrance point.
1.4 Only nominated staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer within 12 hours of the request being given in accordance with the Data Protection Act.
1.5 CCTV shall be continually recording during licensable hours
1.6 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises log and immediate steps will be made to rectify the problem.
2. INCIDENT LOG
2.1 An incident log must be kept at the premises. Log records will be retained for a period of 12 months from the date it occurred. It will be made immediately available on request to an ‘authorised person’ (as defined by section 13 of the Licensing Act 2003), an authorised trading standards officer or the police, and must record the following;
(a) All crimes reported to the premises (where relevant to the licensing objectives)
(b) Any other incidents of disorder involving the premises or its customers.
(c) Incident records shall include the date, time, and location of the incident; nature of the incident; personal details and contact information for all people involved including any witnesses where available, Personal Licence numbers, any crime number and details of police officers attending.
(d) A note of the action taken, and where relevant a note of the actions to prevent any recurrence should also be included.
e) Incident and accident records shall be kept in a bound register with consecutively numbered pages.
The prevention of crime and disorder
3: REFUSALS
3.1 Refusals Book
The refusals book will be retained by the premises and will be used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons or persons who appear underage must be recorded. The details to be recorded must be as follows:
(i) Time, day & date of refusal
(ii) Item refused
(iii) Name & address of customer (if given)
(iv) Description of customer
(v) Details of i.d. offered (if shown)
(vi) Signature of member of staff who completed the entry in the log.
3.2 The refusals book must be made available for inspection by responsible authorities on request.
3.3 .A minimum of 2 refusals policy / notices will be on display which will include clear warnings that the premises will not sell alcohol to street drinkers at any time.
4. When the DPS is not on duty a contact telephone number will be available at all times.
5. Roller shutters are in operation at the front of the premises
Public Safety
No risk has been assessed under the Licensing Act 2003
The prevention of public nuisance
6: NOISE /NUISANCE CONTROL
6. No refuse shall be disposed of or collected from the premises between the hours of 20:00 and 06.00 on any day.
7. Notices will be displayed in a prominent position to remind customers to leave the area quickly and quietly and to respect local residents.
8.1 Management and Staff shall actively discourage and disperse customers who congregate immediately outside the premises so as to minimise disturbance to local residents.
8.2 Any person who refuses to leave the area and is identified as causing or potentially about to cause antisocial behaviour, will be subject to a ban from the premises.
The protection of children from harm
9: TRAINING
9.1 A “Challenge 25” policy shall be operated at the premises at all times
9.2 Prominent, clear and legible Challenge 25 signage shall also be displayed at the entrance to the premise as well as at, at least one location at the point of sale and/or behind any counter advertising the scheme operated.
9.3 The only forms of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo I.D. that is approved for acceptance by the Police or other Authorised Officers.
9.4 A documented training programme shall be introduced for all staff upon first appointment in a position to sell, serve alcohol. This training will include information on preventing the sale of alcohol to persons who appear to be drunk or underage or purchasing on behalf of another who appears to be drunk or underage at the point of sale. All staff will be retrained every 12 months from the first appointment.
9.5 The training programme shall be made available for inspection at the request of Trading Standards, Licensing Authority Officers and Police. A written record shall be kept of the content of training.
10. The log of all the individuals who are authorised to sell alcohol will be maintained in the staff training manual.