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
1. (1) The responsible person must 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:
(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 in a manner which carries a significant risk of undermining a licensing objective
(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 in a manner which carries a significant risk of undermining a licensing objective
(d) 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
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
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.
4. The responsible person must 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, and
(iii) still wine in a glass: 125 ml
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises, and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
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.
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-
P = D + (D x V)
(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.
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.