Annex 1 - 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.
The following conditions came into force on 28th May 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(a);
(b) “permitted price” is the price found by applying the formula-
P = D + (D×V)
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(b).
Mandatory Licensing Conditions from 1st October 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.
Annex 2 - Conditions consistent with the Operating Schedule
General
The Premises Licence Holder or Designated Premises Supervisor will ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act. Staff must undertake training in licensing law, such as the BIIAB Award in Responsible Alcohol Retailing or any other recognised training courses. All new staff must receive this training within 3 months of commencing employment at the premises. Refresher training must be given every 12 months.
A record shall be retained of all such training, and shall include details of the date the training was given, the date that refresher training is next due, and the type of training provided. All staff receiving this training will sign the training record to confirm the training has been completed and provided. Such record will be produced for inspection by the Police or other authorised officers of the licensing authority upon request.
The Designated Premises Supervisor or other personal licence holder shall be present on the premises at all times the premises are open to the public and providing licensable activity.
The Designated Premises Supervisor shall give the police 7 days notice of any absence from the premises (i.e. holidays) and shall notify the details of the person who will assume charge of the premises in such absence. This will apply for all times the DPS is absent with the exception of emergency situations such as sickness or other unforeseen circumstance.
The Prevention Of Crime & Disorder
A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of the Greater Manchester Police Local Crime Reduction Officer and shall be used to record during all hours that a licensable activity is taking place on the premises.
A CCTV camera shall be installed at the locations marked CCTV camera on the plan of the premises.
The CCTV system shall be maintained in good working order in accordance with the manufacturer’s instructions.
The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.
There must be SIA door supervisors employed at the premises whilst it is open for licensable activities. The premises licence holder shall discuss and agree with Police, the requirements for door supervisors employed at the premises. The agreement will be in writing and the premises licence holder, Police and Licensing Authority shall retain copies of the agreement and any subsequent amendments. Such written agreement cannot be amended without authorisation by the police. This must be in place prior to any licensable activity taking place.
Door staff will remain on duty at the premises until the premises are closed to the public.
Door supervisors will wear high visibility jackets / vests and display their SIA licence in an armband which will be worn on the sleeve. The SIA licence shall be visible to members of the public, police and licensing officers.
Door supervisors employed at the premises will use an internal radio system which enables effective communication to summon assistance should the need arise.
The premises licence holder shall ensure that door supervisors use the Oldham Nite Net radio link.
The premises licence holder shall maintain a written record of the door supervisors who are working at the premises on any day. The minimum amount of information to be recorded is the date, full name of door supervisor, time shift started, time shift finished, SIA licence number and signature of the relevant door supervisor. Such record must be produced to the police and authorised officers of the licensing authority upon request.
The premises will operate a searching policy, whereby customers will be searched prior to entering the premises. Persons suspected of carrying offensive weapons or drugs shall be excluded from the premises and other premises will be notified of such exclusions immediately, giving full descriptions of the individuals concerned.
A notice shall be displayed at the entrance to the premises advising customers of the search policy.
Excluded individuals will be denied entry into the premises (excluded individuals include those subject to court bans, pubwatch exclusions, and those excluded by the premises licence holder).
The premises licence holder, or his / her nominee shall actively participate in the local pubwatch scheme, where such a scheme exists. Active participation shall include attendance at meetings, save for unforeseen circumstances.
The Designated Premises Supervisor or his / her nominee shall share information on drug use, drug dealing and anti social behaviour within the venue, with Police, Council Officers and other local venues.
Drinks shall be dispensed into polycarbonate glassware. If bottles are sold to customers, they shall be PET bottles (plastic based, not glass).
A member of staff shall be nominated to regularly monitor the toilet area at the premises.
Public Safety
All staff shall be trained in respect of the fire risk assessment and the health and safety risk assessment. Such training shall be recorded and produced for inspection by the police, fire officers and authorised officers of the licensing authority upon request.
All exit routes and doors on such routes shall be checked on every occasion the premises is used for licensable activity and at regular occasions when the premises are open to the public to ensure they are free from defect, obstruction, trip hazards and surfaces are not slippery. A record of such inspections, any defects discovered and the remedial action taken shall be made in writing in a logbook kept for that purpose. That logbook shall be produced for inspection to Police, Fire Officer or authorised officer of the licensing authority upon request.
The furniture or seating in the premises shall be arranged so it does not obstruct any exit, route to any exit or to any facility within the premises.
There shall be maintained on the premises at all times, an adequate and appropriate supply of first aid equipment and materials.
The Prevention Of Public Nuisance
All drinks shall be consumed on the first floor of the premises and will not be taken outside nor consumed in the doorway. A notice to this effect shall be displayed at the premises.
All doors and windows shall remain closed whilst regulated entertainment is taking place at the premises. The only exception to this is for the access and egress of customers.
The fire exit door at the premises shall remain closed at all times the premises are open to the public, save for emergency use in the event of evacuating the premises. Customers will not be permitted to use the fire escape as a means of gaining access to the smoking area, located behind the premises.
Notices will be placed in the area used for smoking requesting that customers using the area are quiet, respecting the needs of local residents.
Notices will be placed at the exit of the premises requiring customers to leave quietly.
On the days when licensable activity takes place at the premises, the Premises Licence Holder shall ensure that the rear yard, and areas at the side and front of the premises are cleared of any refuse which may have been left by customers using the premises. For this purpose, rubbish includes cigarettes and the remains of cigarettes. Such rubbish will be cleared away as soon as reasonably practicable after the premises has closed and in any case before the last member of staff has left
The Protection Of Children From Harm
The premises shall adopt ‘Challenge 25’ as its age verification policy, and staff shall be trained in respect of this policy.
No person under the age of 18 shall be permitted entry into the premises with the exception of persons accompanied by an adult (who shall be a family member of the young person) and attending a private function at the premises, to which the general public are excluded. Police and Council Licensing will be made aware of these functions, 7 days in advance of any taking place, on contact email licensing@oldham.gov.uk
The only forms of acceptable ID shall be a photo style driving licence, a passport, an identification card which bears the ‘PASS’ logo in a hologram format, and military ID.
Annex 4 - Plans
Plan 029618 approved on 25/07/2013. A copy of the approved plan is held at the Offices of the Licensing Section