LICENSING ACT 2003
Annex 1 - Mandatory conditions
Mandatory conditions where licence authorises supply of alcohol
(1) Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that no supply of alcohol may be made under the premises licence -
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
ADDITIONAL MANDATORY CONDITIONS
1. (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.
2. 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).
3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
4. (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.
5. 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; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
The Prevention Of Crime & Disorder
To the rear of the property we have erected a 6 foot fence and our property is under CCTV which also covers a rear alleyway. We have consulted police and local residents and intend to apply for alleygates.
Since the refurbishment on our business, youths have ceased from concregating to the rear much to the delight of residents. We intend to comply fully with police recommendations.
Public Safety
Our general hours of opening should be 07:00am to 15:30pm, only on 2 - 3 Occasions per month shall the café be opened later. When we open later the front and rear of the building will be lit well to prevent any accidents through dark and relevant signage will be erected. Front and rear CCTV will be in operation and co-operation with the residents will be operated. Co-operation with police and relevant authority is ongoing. Alcohol will only be served to over 18s and people who are not or appear not to be drunk.
Staff training will be given.
The Prevention Of Public Nuisance
Music on our premises will be only to create ambience. We aim to erect signs outside our property to (Respect Neighbours When Leaving). I aim to train my staff fully to identify potential problems that could that could arise when leavng my business. I am an ex police officer and have training behind me to deal with this (although our café will be aimed at a certain clients i.e couples & families)
There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby premises.
There shall be provided at the premises containers for the storage and disposal of waste food and other refuse from the premises. Those containers shall be constructed, maintained and located/secured so that access to them by vermin and unauthorized persons is prevented and arrangements made for the regular disposal of their contents in accordance with the duty of care provisions (Section 34) of the Environmental Protection Act 1990.
Where the premises provide food to the public for consumption on or off the premises, there shall be provided outside the premises, at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings and other litter.
Where the premises provide food for consumption off the premises, the public area outside and adjacent to the premises shall be cleared of waste food, food containers, wrappings and other litter which originated from the premises.
Where flyers are used by premises, the premises shall be responsible for the removal of any discarded flyers from public areas. Where large numbers of flyers are found in public areas relating to the premises and the premises does not remove them without delay, they shall meet the cost of removal by the Council.
Posters advertising the premises or acts/events at the premises shall not be fixed to any building or structure without permission of the owner and planning permission where necessary.
The Protection Of Children From Harm
I aim to train my staff fully in identifying under age people i.e under 18. The risk of prosecution will hang over my staff and myself if we do not address this issue. My policy will be to have a series of questions to ask and either a driving licence, passport or challenge 21 policy will be put into operation.
Ongoing training will be a must!
No Proof No Sale!
We will also be looking at joining the pub watch scheme, although we are not a pub.