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—
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.
Appendix A
To Prevent Crime & Disorder
1. The premise 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 premises licence holder or designated premises supervisor is to provide the police with the contact details of at least one member 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 recorded data upon request and within no more than 24 hours from the time of the request.
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.
On an annual basis the premises licence holder or the DPS is ensure the system has been checked, maintained to any recognised specification and is in working order.
2. A written record shall be kept every time images are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. This record shall identify the person responsible for the recording and shall be signed by him / her. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc). A secure storage system to store those recording mediums shall be provided.
3. A daily log must be maintained at the premises showing the full name, date of birth and SIA badge number of the Door security on duty, the time when they started and ended their shift and the details of any incidents that take place to include incidents when a member of the public is refused entry to the premises. The log is to be made available to the Police, to SIA inspectors and to authorised officers of the Licensing Authority on request.
4. Staff training shall take place on the Licensing Act and the Licensing objectives when employment commences and / or every six months and a written record of this training to be maintained and made available to the police and any authorised officer of the council for inspection on request.
5. A Personal Licence holder must be on the premises on FRI, SAT & SUN between 9pm and close of business.
6. Removed via Minor Variation December 2014.
7. SIA security staff are to use their best endeavours to prevent persons loitering outside the premises.
8. 2 SIA security staff must be employed at the premises on FRIDAY, SATURDAY and SUNDAY between the hours of 9pm and close of business.
9. The premises are to be linked to a system of communication with the police and other licensed premises as agreed with the Police and the Licensing Authority. The system shall be kept in good working order at all times. When the premises are open to the public, the communications link to the police and other licensed premises shall be switched on and available to be monitored by the Designated Premises Supervisor or a nominated member of staff. The system to be used to report incidents to each other of the presence of potential trouble makers in the area.
10. The communication system must be used to report information likely to be of interest to other parties to the network as soon as possible.
11. No person in possession of an alcoholic drink in an open or 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.
12. No drink shall be removed from the premises in an unsealed container.
13. The licence holder and / or the Designated Premises Supervisor or person nominated by them shall be a member of and attend at the meetings of the Pub and Club watch scheme for the area within which the premises is located.
Public Safety
14. Customers are to be prevented from leaving the premises with glasses or open bottles. Empty bottles must be placed into bins so as to prevent them from being used as weapons.
15. Clientele must not be admitted to the premises after 01.45 am of the end of the licensable activity.
16. The DPS / Licence holder must ensure members of staff are adequately trained with regard to the full operation of the CCTV system.
To Prevent Public Nuisance
17. Prominent, clear 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.
18. Music and associated other noise sources (e.g. DJ`s and amplified voices) shall not be generally audible inside noise sensitive property at any time. The DPS or a member of staff is to carry out noise level checks of the surrounding outside area whenever entertainment is being provided taking action to reduce noise levels where there is a potential for nuisance to be caused.
19. All external; doors and windows are to be kept closed when live entertainment or recorded music is in progress.
20. On occasions when the premises are used / hired to hold an 18th birthday party, at least one SIA registered security staff from an approved contractor is to 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 are to cease no later than 23.00 hrs.
21. The management and staff are to use their best endeavours to prevent persons loitering outside the premises and to ensure that persons refused entry or ejected are asked to leave the vicinity of the premises if it is safe to do so.
22. At an appropriate time before closing time, announcements should be made reminding customers to leave the premises quietly.
23. The premises shall be closed to customers 15 minutes after licensable activity has ceased.
The Protection of Children from Harm
24. The premises will 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’ accreditation hologram should to be accepted as proof of age.
25. The premises is to maintain a refusals book to record the details of the 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 must be made available to the police / authorised officers of the Licensing Authority on request.
Conditions agreed with the Police following Variation Application March 2016
Service of alcohol to cease 15 minutes before premises closes (allowing 15 minutes drinking up time).
No entry to premises - 30 minutes before premises close on each day. Ie 02:45
British Summer Time - To accommodate BST an additional hour to the standard and non-standard times on the day British Summer Time commences.