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.
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.
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).
Annex 2 - Conditions consistent with the Operating Schedule
The Prevention of Crime and Disorder
1. The DPS will give the Police or Council licensing 7 days notice of any absence of more than 7 days from the premises. i.e. holidays and nominate who will be the responsible person in charge whilst away.
2. All 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)
3. DPS or Premises Licence holder will be a member of the pubwatch scheme and attend meetings on a regular basis.
4. 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.
5. 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 28 days and handed to Police/Authorised Officer/Trading Standards Officer on demand.
6. 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.
7. 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 by the DPS or the responsible person in charge of the premises. A log of these checks will be made detailing time, date checks made.
8. The CCTV system must be of a standard as detailed by the Greater Manchester Police Crime Reduction Advisor. This system must be approved by a crime reduction to be of a suitable standard. A written record will be made of this ie time/date/by whom.
9. The PLH or DPS 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/Do you Pass or any other recognised training courses. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
10. 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/Authorised officer/Trading Standards Officer on request.
11. A strict challenge 25 policy will be introduced for 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.
Nobody in possession of sealed or unsealed containers will be allowed in the premises apart from delivery purposes.
Public Safety
All exits and escape routes including external escape routes shall be kept clear.
The furniture and seating in the premises shall be arranged so that it does not obstruct and exit or route to any facility within the premise.
Reasonable provisions shall be made to ensure that the premises and facilities are accessible.
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.
There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
There shall be provided at the premises containers for the storage and disposal of waste food and other refuse from the premises. Those containers shall be constructed, maintained and
located/secured so that access to them by vermin and unauthorised persons is prevented and arrangements made for the regular disposal of their contents in accordance with the duty of
care provisions (Section 34) of the Environmental Protection Act 1990.
The Prevention of Public Nuisance
No noise or speech shall be relayed via external speakers other than for events with prior approval of the licensing authority.
Speakers shall be located and fixed within the premises in a manner so as to minimise disturbance arising from structure borne vibration.
The Protection of Children from Harm
No alcohol will be sold to under 18's.
Where any premises are to be used for any performance which includes the participation of children, such children shall at all times when they are on the premises remain under the
supervision of an adult.