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
1. Staff Training Any staff employed at the premises will receive training by the Designated Premises Supervisor on first
appointment and at least every six months thereafter. Training will include input on preventing underage sales, sales of
alcohol to people who are drunk, application of the drugs policy and any other relevant matters. A written record will be
kept of all training carried out. This record must be kept on the premises and made available for inspection by any
responsible authority.
2. List of Authorised Persons
The Designated Premises Supervisor will maintain a written record of all members of staff who are authorised to sell alcohol.
3. Compliance with the premises Licence conditions The premises will operate with a ‘Compliance Folder. The folder will be
retained behind the bar and be made available at all times for inspection.
The compliance Folder will contain the following documentation
• Licensing health Check
• 3 monthly checklist
• Independent auditors 3 monthly inspection report
• The 4 Licensing objectives (explained)
• DPS Contact details
• DPS Authorisation to sell alcohol
• Age Verification policy (challenge 25)
• Drugs policy
• Drugs paraphernalia notice
• Purchasing Policy
• Litter policy and record of checks
• Incident log paginated
• CCTV equipment weekly check report
• Refusals register
• Staff training portfolios.
The premises will undertake a 6 monthly due diligence check . Each check will be recorded in the Compliance Folder and certify compliance of the premises licence conditions or record non compliance and action taken to remedy non compliance.
The Prevention of Crime & Disorder
1. CCTV A tamper-proof digital colour CCTV system will be installed and maintained at the premises to the satisfaction of The Police. The system will run and record continuously for 24 hours a day, 7 days per week and recorded footage will be stored for a minimum of 28 days.
2. The system will provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.
3. Recorded footage will be provided to a representative of any responsible authority on request. Such footage will be provided in an immediately viewable format and will include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred will be provided by the premises and sufficient stock of such storage media will be kept on the premises at all times.
4. A member of staff who is trained to operate the system and supply footage will be present at the premises at all times when licensable activities are taking place.
5. The Designated Premises Supervisor will ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check will include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks will be kept, including a signature of the person carrying out the check. This written record will be kept on the premises at all times and made available to a
representative of any responsible authority on request.
6. Suitable signage informing customers that a CCTV system is in operation will be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights act.
7. Incident Book - An incident book (with the pages numbered sequentially) will be kept on the premises and in the delivery vehicles and be made available for inspection by responsible authorities. The incident books will be used to record the following:
(i) Any incident of violence or disorder on or immediately outside the premises
(ii) Any incident involving controlled drugs (supply/possession/influence) on the premises
(iii) Any other crime or criminal activity on the premises
(iv) Any refusal to serve alcohol to persons who are drunk (On sale and off sale premises only)
(v) Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18
(vi) Any call for police assistance to the premises
(vii) Any ejection from the premises
(viii) Any first aid/other care given to a customer
Public Safety
8. Interior Layout. The interior of the premises will be set out to ensure public safety.
9. CCTV There will be a CCTV system installed to the standard requested by the police. (please see entry on CCTV Crime and disorder.
10. Maintenance of premises The premises interior will be maintained to a standard acceptable to the Licensing authority.
The Prevention of Public Nuisance
11. Notices to Customers Notices requesting customers to leave quietly will be displayed in a prominent position next to each entrance/exit. The Designated Premises Supervisor will ensure that customers are encouraged to keep noise to a minimum when leaving the premise.
The Protection of Children from Harm
12. Challenge 25 The premises will operate a robust Challenge 25 scheme, in relation to age verification for alcohol sales. Those who appear to staff to be under 25 will be asked for photo identification to prove they are 18. The only acceptable form of evidence will be: original Passport, photo driving licence, The government PASS Card with hologram. A military identity card with photo.
13. Staff will receive training on this scheme on induction and refresher training 6monthly.
14. A refusals register will be kept on the premises and will be used by all staff to record all refusals to sell alcohol for any reason. The details to be recorded are as follows: Time, day date of refusal Item refused. Description of customer Initials of staff making the entry Details of ID offered. The refusals book will be made available for inspection by police and other authorised officers.
15. The premises will display a proxy notice in a prominent position explaining that it is an offence for adults to purchase
alcohol and then supply it to persons under 18.