Annex 1 - Mandatory conditions
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.
20 Mandatory condition: exhibition of films
(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
21 Mandatory condition: door supervision
(1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
(2) But nothing in subsection (1) requires such a condition to be imposed -
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to -
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
(3) For the purposes of this section -
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
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 and disorder
1. A member of management will be at the premises from 19:00 each day to close of business.
2. SIA registered door staff will be employed at the premises on Friday and Saturday from 22:00 to close of business.
3. All door supervisors to wear hi-visibility jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and licensing officers.
4. Door supervisors will use the Oldham nite-net radio link.
5. A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is “date”, “full name”, “time shift started”, “time shift finished”, “SIA badge number”, “signature”. Upon request this record must be given to Greater Manchester Police and/or and authorised officer of the Council.
6. Random searches will take place on persons entering the premises as a customer. Those suspected of carrying offensive weapons/drugs will be excluded from the premises. All other venues will be notified of these exclusions immediately giving full descriptions of the individuals.
7. Excluded individuals will be denied entry into the premises (excluded individuals include those subject to court bans, pubwatch exclusions and those excluded by the licence holder).
8. DPS, Premises Licence holder or nominated staff member will be a member of the pubwatch scheme and attend meetings on a regular basis.
9. Digital CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale/supply of alcohol occurs.
10. 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.
11. 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.
12. 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.
13. The DPS or nominated person will share intelligence on drug use, drug dealing and anti-social behaviour within the venue to police officers, council licensing, BID officer and other local venues.
14. THE PLH or DPS will ensure staff employed at the venue are aware of the law and their responsibilities under the licensing act. Those at management level must undertake training in Licensing Law, such AS BIIAB accredited course or any other recognised training courses. All other staff must receive in house training. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
15. The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
16. A strict challenge 25 policy will be introduced for any person entering the premises and any person under the age of 18 will not be permitted entry into the premises. In addition to the above regular checks will be made by staff and doorstaff of customers inside the venue to check valid ID and age of customers.
17. No drinks shall be consumed in the doorway of the premises and a notice will be in place stating such.
18. Doorstaff will maintain an orderly queuing system outside the venue.
The prevention of public nuisance
Signs displayed at the premises encouraging customers to leave the premises quietly. We have no residential neighbours and therefore do not have any problems with public nuisance and therefore no steps deemed to be issued.
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 licence holder or his representative shall take all measures that are reasonably practicable to ensure that the licensed activities at the premises do not cause a noise disturbance to any nearby noise sensitive properties.
Annex 3 - Conditions attached after a hearing by the licensing authority
“None of the following promotional activities of alcoholic beverages shall be offered to customers between 21:00hrs and the time at which the premises close for business:
· reward schemes that are only redeemable over short periods;
· drinking games;
· promotions that involve large quantities of free drinks;
· entry fees that are linked with unlimited amounts of drinks;
· promotions that are an incentive to speed drinking or to encourage people to consume alcohol quickly;
· promotions limited to unpredictable events;
· promotions that encourage or reward purchase or drinking of large quantities of alcohol in a single session;
If the holder of the Premises Licence intends to sell any alcoholic beverage between 21:00hrs and the time at which the premises close for business at a price significantly less than the price charged for that product under the pricing structure adopted by the Premises Licence holder, it will carry out a risk assessment of the potential risks, and the measures to control those risks, associated with such a promotion.
Unless otherwise agreed in writing with the Greater Manchester Police, a minimum of 2 SIA registered door supervisors will be on duty at the premises from 2200 until close on Friday (into Saturday morning) and on Saturday (into Sunday morning). The requirement for additional door supervisors at all other times will be risk assessed in partnership with Greater Manchester Police and door supervisors will be employed at such times and in such numbers as deemed necessary by the risk assessment”
Annex 4 - Embedded Conditions
g. On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).
The playing of recorded music in the premises is permitted 24 hours a day pursuant to section 182 of the Licensing Act 1964.