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.
Embedded Conditions - Justices’ On and Off Licence (not having a Children’s Certificate)
1 Permitted hours. Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
(7) On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on the 31st December)
The above restrictions do not prohibit
(a) the consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(e) the taking of alcohol from the premises by a person residing there; or
(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
(h)during the first twenty minutes after the above hours, the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel.
2 No person under fourteen years of age shall be in the bar of licensed premises during permitted hours unless one of the following applies;
He is the child of the holder of the premises licence.
He resides in the premises, but is not employed there.
He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress
The bar is in a railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.
An area is not a “bar” when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
4. The relaxation provisions in section 182 Licensing Act 1964 shall apply in relation to the provision of public entertainment in the premises by the reproduction of wireless (including television) broadcasts or music and singing solely provided by the reproduction of recorded sound.
Regulations relating to the Granting of Licences under the Theatres Act 1968
The following conditions shall be observed in respect of premises licensed under the above mentioned Act:-
1 Every application for a licence in respect of premises not previously licensed must be accompanied by a detailed plan of the building in duplicate, with sections and elevations drawn to a scale of a quarter of an inch to the foot, together with a description of the proposed use of each room, arrangements for heating and seating, width of gangways, and number of persons to be accommodated.
2 All doors and barriers must open outwards and when the public is on the premises, must be left unfastened or so that the same may be easily forced open from the inside.
3 All gangways, passages and staircases must be kept entirely free from chairs or any other obstructions whether permanent or temporary.
4 The premises shall be closed not later than half past eleven o clock every evening.
5 Admission shall be given at all times to persons on duty specially authorised by the Council of the Metropolitan Borough of Bury and to the Police and members of the Fire Brigade on duty.
6 No play or representation of any kind shall be performed in the premises after notice prohibiting the same has been given to the Licence Holder by the Council for the time being, or left at the premises, addressed to the person in whose name the Licence for the time being shall have been granted, such notice stating that in the opinion of the Council it is fitting for the Preservation of order and decency that such a play or representation should not be performed.
7 No intoxicated person shall be allowed to enter or remain on the premises.
8 Intoxicating liquors, tobacco and cigars shall only be sold during hours of performance and to the audience and company engaged on the premises and on the place or places set apart for the purpose or previously approved of by the Licensing Authority.
9 No dramatic performance shall be given on the premises on Good Friday or Christmas Day.
10 Standardised notices shall be displayed on all doors informing the public as to “EXITS” and “NO THOROUGHFARE”. The word, “EXIT” shall be printed in green letters not less than six inches in height on a white background and the words, “NO THOROUGHFARE” in black and red letters not less than four and a half inches and two and a half inches in height respectively shall be printed on a white background. “NO SMOKING” notices shall be exhibited on the stage.
11 Every exit shall be illuminated with a satisfactory means of secondary lighting during performance.
12 Fire appliances according to the following standards shall be kept in a prominent position and in good working order:-
For accommodation of not more than 200 persons - 3 extinguishers & 3 buckets of water
For accommodation of 200-400 persons - 4 extinguishers & 4 buckets of water
For accommodation of 400-700 persons - 6 extinguishers & 6 buckets of water
For accommodation of more than 700 persons - fixed reels to be connected to the water main.
13 Notification shall be given to the Licensing Officer at least 14 working days prior to the premises being used for the public performance of stage plays in order that inspections can be made by the Building Control Officer, Electrical Engineer and the Fire Officer and if necessary advice given on safety precautions, seating, gangways and exits.
14 In case of any breach of non-observance of any of these conditions the Licence is liable to be forfeited and a breach of the above Regulations makes the licence holder subject, on summary conviction, to a fine not exceeding £200 or to imprisonment for a term not exceeding three months or both.
METROPOLITAN BOROUGH OF BURY
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
PART 1 AND SCEHDULE 1
REGULATIONS APPLYING TO ENTERTAINMENT LICENCES FOR PUBLIC MUSIC, MUSIC AND DANCING OF A LIKE KIND
1 This Licence applies only to those entertainment listed on the Licence and does not apply to those entertainment which fall within Section 182 of the Licensing Act 1964.
2 In the event of the revocation of this Licence by the Council, the Licence shall be returned immediately to the Council’s Licensing Officer.
3 The current Licence must be retained intact and be permanently displayed throughout its currency in a prominent position on the licensed premises.
4 The fee for the First Grant, Renewal or Transfer as appropriate must be paid when submitting the application.
5 There shall be affixed and kept in some conspicuous place on the door or entrance of the licensed premises the following inscription in capital letters: “LICENSED IN PURSUANCE OF THE ACTS OF PARLIAMENT FOR MUSIC AND DANCING AND ENTERTAINMENT OF A LIKE KIND”.
6 The Licensed premises shall not be kept or used for Public Entertainment herein permitted on Sundays and Christmas Day unless the Council issues written consent to vary this Condition.
7 The licensed premises shall not be kept or used for Public Entertainment except between the hours of 11.00am and 11.00pm Mondays to Saturdays inclusive, without the written consent of the Council.
8 The licensee, or some other responsible person nominated by the licensee in writing, shall be in charge of and upon the licensed premises during the whole of the time they are being used for the purposes aforesaid. There shall also be during that time, sufficient staff of competent attendants on duty on the premises. The person in charge shall not be engaged in any duties which prevents him from exercising general supervision.
9 Whilst the licensed premises are being used for Public Entertainment there shall be installed a telephone and a notice which must be prominently displayed above each telephone stating “FIRE - DIAL 999”. Information of any outbreak of fire, however slight, shall be at once communicated to the Fire Service by using the emergency number.
10 The Licensee shall keep and maintain on the Licensed premises a Fire Precaution Register, supplied by the Fire Authority and shall record therein details of all safety tests carried out as outlined in the Register and shall record therein the training staff or responsible persons of fire precaution routines.
11 Applicants for a licence for premises, which are not currently the subject of a licence, shall submit four sets of plans of the premises for which the license is sought, such plans to accompany the application form.
12 Whilst the licensed premises are being used for public entertainment, electrical installations must comply with any applicable rules and regulations affecting the use of electricity for the time being in force and every four years, the licensee must obtain a certificate of safety provided by a registered electrical contractor or competent electrical engineers behalf of the licensee indicating that the installation is maintained in a safe and satisfactory condition. This certificate shall be submitted to the Council on initial application and every FOUR years thereafter.
13 All parts of the licensed premises whilst being used for public entertainment shall be properly and sufficiently ventilated.
14 The ceiling of the licensed premises must be inspected at the time of initial application and examined at least every five years by a competent architect or surveyor on behalf of the licensee and his report shall be submitted to the Councils Licensing Officer within seven days of such examination.
15 No person shall give at the licensed premises (otherwise than as provided by Section 5 of the Hypnotism Act 1952) an exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
16 The maximum number of persons to be accommodated in the licensed premises which the premises are used for the public entertainment shall be shown on the Licence.
17 The Licensee shall ensure that the noise from the Licensed premises whilst being used for Public Entertainment shall not be audible within noise sensitive premises (for example houses, hospitals) with windows open in a typical manner for ventilation.
18 All windows and doors to the room or area in which the function/entertainment is being held/performed shall be kept closed for the duration of the entertainment.
19 The licensed premises shall be provided with such means of escape in case of fire for all persons resorting thereto as may be reasonably required by the Council. Such means of escape shall be maintained in an efficient manner at all times. The means of ingress and egress and the passages and gangways shall during the whole time that the licensed premises are used for public entertainment be kept free and unobstructed.
20 The general fire precaution arrangements shall be approved by the Council and maintained at all times and all persons employed in the licensed premises shall be given instructions and training in the procedure to adopt in case of fire.
21 Such portable fire extinguishers as may be considered by the Council to be required shall be provided at approved positions in the licensed premises and shall be maintained in an efficient state and in good working order and repair.
22 The whole of the licensed premises to which the public have access (including toilet areas) shall be provided with a maintained (i.e. illuminated at all material times) emergency lighting system complying with the code of practice for emergency lighting of premises (B.S. 5266: Part 1: 1975). The system shall be capable of maintaining the necessary level of illumination for a period of one hour from the time of failure or disconnection of the normal lighting. Where the premises are licensed for 250 persons or more, the system must be capable of maintaining the necessary level of illumination for a period of two hours.
23 The emergency lighting system may consist of a central battery unit with slave luminaries, or alternatively self-contained luminaries complying with I.C.E.L. standards. The wiring system from the central battery unit to the slave luminaries shall be in M.I.C.C. cable or other approved heatproof cable. Wiring to self contained luminaries may be in M.I.C.C. or mechanically protected P.V.C. cable. All internal illuminated “EXIT” signs shall comply with B.S. 2560 1978. The installation of the emergency lighting system shall be to the satisfaction of the licensing authority.
24 Residual current devices shall be installed to protect socket outlets likely to be used for operating electrical musical equipment.
25 If, after the issue of a Licence it is proposed that alterations will take place within the areas which are licensed for Public Entertainments the Licensee shall inform the Council prior to such alterations taking place and submit plans for consultation.
26 Nothing shall be done, recited, sung, exhibited or performed, and no dancing shall be permitted which is licentious, indecent, profane, improper or of a suggestive nature, or is likely to cause a breach of the peace (for the avoidance of doubt this condition prohibits the performance of striptease or similar dancing).
27 Whilst the licensed premises are being used for public entertainment drunkenness or other disorderly conduct shall not be permitted. In case any disorderly conduct should occur the licensee shall assist the capture, expulsion and conviction of the offenders.
28 The premises shall be provided with adequate lavatory accommodation, which shall be effectively maintained, cleansed, ventilated, disinfected and supplied with all proper requisites.
29 Any Authorised Officer of the Council, the Fire Authority or any Police Constable may, on production if so required of his/her authority, at all reasonable times, enter the licensed premises and inspect them with a view to seeing whether the terms, conditions or restrictions of this licence are complied with.
30 The licensee shall ensure the persons entering and leaving the licensed premises are counted by his employees or agents using counting machines approved by the Council, and that the total recorded on each counting machine shall at all times, be available for inspection by Officers of the Council, the Fire Authority and Greater Manchester Police.
31 No person engaged in vetting customers and maintaining public order (thereinafter referred to as security staff) whether it be permanently or occasionally, can be employed as security staff unless they have been registered or provisionally registered by the Council.
32 The Licensee must ensure that all security staff shall, whilst employed, carry on their person the ID Registration Card issued in relation to the Doorsafe Scheme and allow it to be inspected on demand by any authorised officer.
33 Whilst the Licensee or his employer engages any person at or about the entertainment premises in the capacity of security staff, the Licensee shall maintain a log in a form approved by the Council, showing in respect of each period of duty of that person:
(a) The name, date of birth and residential address of that person
(b) The time at which he/she commenced that period of duty with a signed acknowledgement by that person.
(c) The time at which he/she finished the period of duty with a signed acknowledgement by that person
(d) Any times during the period of duty when he/she was not on duty
(e) If that person is not an employee of the Licensee or his/her employer, the name of the person by whom the security person is employed or through the services of that person were engaged.
34. The log shall be kept so that it can be readily inspected at any reasonable time by an authorised Officer of the Council or a Police Officer and, once a log has been completed, it must be retained on the premises for at least twelve months.
35. The Licensee, shall as soon as is reasonably practicable, notify the Council of any security staff dismissed by the Licensee for serious misconduct which might reasonably affect the continuation of, or renewal of, such security staff’s registration.
36. A Licensee, when requested, shall identify by name those persons employed by him, to a Police Officer, or other authorised Officer.
37. The Licensee shall ensure that all security staff are given adequate oral and written instructions.
38. A notice shall be conspicuously displayed in the entrance to the licensed premises indicating the maximum number of persons allowed entry under the conditions of this licence.
39. Doors not in normal use, which are regarded as emergency exits, shall be fitted with an alarm, which is activated whenever they are opened. The alarm shall be inaudible in public areas, and shall sound in an area permanently manned by the licensee or his employees whilst the licensed premises are being used for public entertainment. The alarm shall be distinguished from any fire alarm within the building.
40. The licensee shall at all times ensure that persons on or leaving the licensed premises, conduct themselves in an orderly manner and do not in any way cause annoyance to residents or to persons passing by.
41.The licence holder shall take all reasonable steps to ensure that persons leaving the licensed premises and using adjacent car parks and highways, do not conduct themselves in a manner so as to cause annoyance to residents or to persons passing by.
42. In circumstances deemed appropriate, the Council may direct that the licensee shall not permit any person to be admitted to the licensed premises after a specified hour on specified days.
43. In circumstances deemed appropriate, the Council may direct that the licensee shall not employ any person or persons on door control at the licensed premises.
44. The licensee shall be fully responsible for the carrying out of each and every one of these terms and conditions and for the safety of the public and employees in the event of a fire or panic, and shall ensure that he complies with all relevant legislation relating to the use of the licensed premises.
45. For every breach of the terms of the licence or those Regulations, the licensee is liable on summary conviction to a fine not exceeding £2000, and the licence may be revoked.
46. The Council reserves to itself the power from time to time in any special case to modify or dispense with any of these terms and conditions.
Prevention of Public Nuisance
1. Prominent, clear and 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.
2. Music and associated other noise sources (e.g. DJs 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.
3. All external doors and windows are to be kept closed when live entertainment or recorded music is in progress.
4. 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.
5. At an appropriate time before closing time, announcements should be made reminding customers to leave quietly.
Prevention of Crime and Disorder:
6. 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 type of system and the number / positioning of cameras is to be agreed in liaison with the police. The location of cameras will be recorded on the plan attached to the licence. The recording medium (e.g. discs / tapes / hard drive etc) and associated images 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 or designated premises supervisor [delete as necessary] 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 recorded data upon request and within no more than 12 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 to notify the licensing office in writing that the cctv system has been checked, maintained to any recognised specification and is in working order. An action plan to be agreed to rectify any recorded malfunction or planned alterations.
7. 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.
8. A Personal Licence holder must be on the premises at all times when open to the public.
9. A daily log must be maintained at the premises showing the full name, date of birth and SIA badge number of the Door Security Staff 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 & to Authorised Officers of the Licensing Authority on request.
10. Staff training shall take place on the Licensing Act and Licensing objectives 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.
11. The premises must be linked to a system of communication with the Police and other licensed premises as agreed with the Police and 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 and monitored by the Designated Premises Supervisor or a nominated member of staff. The system to be used to report incidents and warn each other of the presence of potential trouble makers in the area
12. The communication system must be used to report information likely to be of interest to other parties to the network as soon as possible
13. The licence holder and/or the designated premises supervisor or a 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 locked bins so as to prevent them from being used as weapons.
Protection of Children from Harm:
15. The premises will operate a “Challenge 21” 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 21 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.
16. The premises is 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 must be made available to the police / authorised officers of the Licensing Authority on request.
17. No person under the age of 18 shall be permitted access to the premises when entertainment of an adult nature is taking place.