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
The proprietors of the restaurant are experienced in running restaurant businesses and will ensure that the business is supervised in such a way as to comply with the Licensing Objectives
1) 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.
2) Equipment will be maintained in good working order, be correctly time and date stamped , recordings will be kept in date order, numbered sequentially and kept for a period of 28 days and handed to Police on demand.
3) The premise licence holder will ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format.
4) The recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. Regular checks that the system is working correctly shall be made and a log of these checks will be made and kept on the premises.
5) The PLH or DPS will ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act. All staff will receive training within 3 months of employment. Refresher training must be given every 12 months.
6) The DPS will maintain a written record of this training provided all staff receiving this training will sign the document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
7) A Strict Challenge 25 policy will be introduced or any person entering the premises. In addition to the above, regular checks will be made by staff of customers inside the venue to check valid ID and age of customers.
The Prevention of Crime and Disorder
The Applicant does not consider that there are any particular difficulties in this respect but confirms that the applicant will comply with directions, requirements of or advice from the Police.
Public Safety
The applicant will comply with the requirements and advice of the Fire Service and Oldham MBC in respect of public safety.
The Prevention of Public Nuisance
The applicant does not consider that there are any particular issues that need to be addressed. But in relation to entertainment will ensure that noise is not audible within any residential property between 23:00 and 7:00.
Notices will be displayed on the premises requesting customers to leave the premises quietly.
The Protections of Children from Harm
Children will only be admitted if accompanied by adults purchasing meals.
Children will not be admitted after 23:00
Performances of dance will not be of a sexual nature.