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
Annex 2 - Conditions consistent with the Operating Schedule
General
The safety of all customers including disabled people, staff is first and foremost at all times. All the licensing laws from all the authorities should be in practice. The cleanliness and comfort for the customers and staff alike which enhances the ability of a good relationship with a less likelihood of trouble on or off the premises. Prevention is better than cure so to be diligent at all times has to be the best thing at all times.
The prevention of crime and disorder
CCTV equipment should be in operation inside and outside the premises during opening hours for the protection of customers and staff and in the event of a crime and disorder the police should be phoned immediately and all tapes saved.
Public Safety
All entrances and exits should be kept clear at all times inside and out, can that people can leave in safety in case of fire. All rubbish should be in sealed containers and disposed of by the appropriate authorities. Facilities for the disabled inclusive of ramps, toilets, hallway doors should be accessible and clear at all times. All drinks should be served in shatterproof glass, paper cups or non splintering plastic, and no person should be allowed off the premises with bottles or glasses and any one who seems drunk should be refused the service of alcohol.
The prevention of public nuisance
The licencee with the help of staff should see that customers enter and leave the premises in a quiet and orderly way and music or noise should be kept to a minimum so not to upset any neighbours. Any pub or club watch schemes should be attended to find out if there is trouble in the area, and to keep a good working relationship with the police and the authorities and other licencees.
For premises where entertainment frequently takes place, music and associated sources (including DJs, and amplified voices) should generally not be audible inside noise sensitive property at any time. Where entertainment takes place less frequently, such noise should not be audible inside noise sensitive property between 23.00 and 07.00 hours.
All external doors and windows shall be kept closed when entertainment is being provided, other than for access and egress and in the event of an emergency. If additional ventilation is subsequently necessary, then it shall be attenuated in accordance with a scheme submitted to the licensing authority.
The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly. (Note, this may also include a reference to vehicles).
The protection of children from harm
All children should be accompanied by a responsible adult over 18 years who would not purchase or allow anyone else to purchase alcohol for the minor, nor allow the minor to wander in or around the premises without adult supervision. All safety precautions should be taken so that no accidents can happen. Safety glass in doors and windows and drinking glasses should be of the same standard and flooring should be of the same standard or non slip, with good hygiene facilities in cleanliness and toilet facilities for children and also the disabled persons.
All children under the age of 16 should be off the premises by 10:30pm at the very latest, save for private family functions held in a separate function room.
Annex 4 - Embedded Conditions
On-licences Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
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 existing restrictions do not prohibit:
(d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or club for the purposes of the trade or club;
(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(h) the taking of alcohol from the premises by a person residing there; or
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
S.166 LA 1964 Alcohol shall not be sold or supplied unless it is paid for before
Licensed Premises or at the time when it is sold or supplied, except alcohol sold or supplied:
(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
(c) to a canteen or mess.
S.168, 171, 201 LA No person under fourteen shall be in the bar of the
1964 On-licence, licensed premises during the permitted hours
no children’s unless one of the following applies:
certificate
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.