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, Embedded Conditions carried across on conversion of your previously held Justices Licence, Conditions Converted from any previously held Public Entertainments Licence, 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.
1. 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.
2. Additional Mandatory Conditions pursuant to The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010,
(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
3. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
4. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
5. The following two conditions take effect as from 1st October 2010.
(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
6. The responsible person shall 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: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml;
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
7. 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.
Conditions consistent with the Operating Schedule
Prevention of Crime and Disorder / Public Safety:
The premises is to operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business. The type of system and the number / positioning of cameras is to be agreed in liaison with the police. The recording medium (e.g. discs / tapes / hard drive etc) are to be retained and securely stored for a minimum period of 28 days and are to be made available to the police / Authorised Officers of the Licensing Authority upon request. The premises licence holder is to provide the police with the contact details of at least two members of staff (or other person(s) ) who are trained and familiar with the operation of the equipment so that, at the expense of the premises licence holder, they are able to check that the equipment is operating properly and that they are able to provide copies of the recorded data upon request and within no more than 12 hours from the time of the request. If the CCTV system fails the premises must inform BMBC Licensing or Police as soon as practicable.
The Designated Premises Supervisor or his/her representative is to take part in the local Pub Watch scheme.
The DPS will normally be on site when the business is open to the public unless he is away on holiday.
The business will promote the ‘Portman Group’ Strategy relating to the responsible sale / Consumption of alcohol.
Prevention of Public Nuisance
Prominent, clear and legible notices shall be displayed at all exits requesting that customers respect the needs of local residents and to leave the premises and area quietly. At an appropriate time before closing time, announcements should be made reminding customers to leave quietly.
Live and recorded music and associated sources (e.g. DJs and amplified voices) shall not be generally audible from inside noise sensitive property in the vicinity of the premises at any time. A member of staff is to carry out noise level checks of the boundary of the property and the surrounding outside area whenever entertainment is being provided and such checks shall be recorded with a date and time with such documentation to be produced upon request to the Council.
All internal doors where regulated entertainment takes place and external doors and windows are to be kept closed when regulated entertainment is in progress except for access or egress.
An effective noise limiting device approved in writing by the Council (which shall so far as possible be tamper-proof) shall be installed and operated in the premises and all noise levels shall be agreed and set to the written satisfaction of the Council. Whenever regulated entertainment is taking place all amplified music (whether live or recorded) and associated sources (e.g. DJ’s and amplified voices/amplified instruments) are to be connected to this noise limiting device.
That notwithstanding the timings shown on the operating schedule, the playing of live or recorded music indoors shall cease at 22:00 hours daily until the Licence Holder installs and operates an effective noise limiting device in accordance with the above condition.
The outside drinking area is not to be used for licensable activities or for the consumption of alcohol after 2200 hours daily.
A daily log will be maintained at the premises showing the details of the Door Security .Staff on duty and the details of any incidents that take place. The log will be made available to the Police, to SIA inspectors & to Authorised Officers of the Licensing Authority on request.
The customer car park is to have restricted access whenever the premises is closed.
The premises is to have a designated outside smoking area at the front of the premises which is to be controlled.
Protection of Children from Harm:
The premises is to operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises. Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, proof of identity/age before being sold / supplied alcohol. Only a passport or photo-card driving licence or a proof of age card bearing the official ‘PASS’ hologram should be accepted as proof of age.
All staff are to receive training on the licensing objectives and legislation. Refresher training is to take place every 6 months. A record of that training is to be recorded and produced to the Police or Authorised Officers on request.
. The premises are to 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 person suspected of being under the age of 18. The book will be made available to the police / Licensing Authority for inspection upon request.