LICENSING ACT 2003
MANDATORY CONDITIONS
19 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
General
We have assessed the risk with regards to the proposed variation of the current licence. Due to the nature of the business carried out at the premises as described on page 3, there are very limited risks associated with the proposed changes, if any. Details of any steps taken outlined are below
The Prevention of Crime and Disorder
There is very low risk of any anti-social behaviour by customers due to the nature of the premises. NB: Chutney’s will co-operate with the police on days such as Whit Friday and Saddleworth Beer Walk and take counsel from them at each occasion)
As per the existing licence conditions CCTV will be provided on the ground floor
Digital CCTV WILL be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions. Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale/ supply of alcohol occurs.
Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.
The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format ie DISC to the Police/Local Authority on demand.
The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.
In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police or Council Licensing immediately.
The CCTV shall be a system that is approved by a Greater Manchester Police Crime Reduction Advisor and is working to a satisfactory standard.
The CCTV shall be in use and recording at all times the business is open.
Public Safety
Nothing Beyond Existing Health & Safety And Fire Safety Requirements.
The Prevention of Public Nuisance
In terms of potential noise arising from the playing of recorded music, this will be VERY low risk. The purpose of the music is to add to the ambiance of Chutney’s and will be played inside the premises only. Chutney’s will close at 21:00PM and so noise should not effect or cause disturbance for any residential neighbours, and the shop / café will not trade in normal sleeping periods (23:30PM - 07:00AM). There should be no noise directly from the premises, or arising from the activities of customers leaving the premises. Chutney’s will also be closed hours before other neighbouring licensed premises such as the Uppermill Conservative Club (directly adjoining Chutneys). The addition of tables and chairs in the private courtyard area to the front of the premises, will hopefully increase current trade and encourage a continental style café culture. There is currently provision for a limited number of tables and chairs in this area. We would like to extend this and will serve alcoholic and non-alcoholic refreshments. We do not see this will pose any risks to public safety or public nuisance. All customers are in full view of the staff from inside the premises. The furniture will be removed from the private courtyard area at the close of trading every day and put back out at the opening of each day (Weather Permitting)
The Protection on Children from Harm
All staff and potential new staff are internally trained in responsible alcohol retailing and there are regular staff meetings where we discuss the penalties and consequences for under age sales, and Oldham Council’s Challenge 25 scheme and also the PASS accreditation scheme
Annex 4
Updated plan 20/06/2013.