LICENSING ACT 2003
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.
Annex 2 - Conditions consistent with the Operating Schedule
General - all four licensing objectives
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 Prevention of Crime and 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 tamper-proof digital colour CCTV system will be installed and maintained at the premises to the satisfaction of Greater Manchester Police.
The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 31 days.
The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police.
Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.
A member of staff is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.
The designated premises supervisor must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any reponsible authority on request.
Suitable signage informing customers that a CCTV system in in operation must be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act.
A risk assessment will be carried out by the person in charge as to whether door supervisors should be employed for functions, pre-booked events, football matches etc. A record of this process shall be made and retained for inspection by the Police or other authorised person.
If required
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 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 random searching policy, whereby customers will be searched prior to entering the premises. Persons suspected of carrying offensive weapons or drugs will 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.
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 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 doors and windows shall remain closed whilst regulated entertainment is taking place at the premises. The only exception to this is for 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, locate 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.
The Protection of Children from Harm
The premises shall adopt 'Challenge 25' as its age verification policy, and staff shall be trained in repsect of this policy.
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.
All children 17 years and under will be off the premises by 19.00hours.
Parents will be told to keep their children with them whilst inside premises.
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 less than 75p per unit of alcoholic strength, it will, in consultation with Oldham Council Trading Standards, carry out a risk assessment of the potential risks, and the measures to control those risks, associated with such a promotion.
The premises licence holder will risk assess, in partnership with Greater Manchester Police, the requirement for SIA registered door supervisors at the premises and use such door supervisors in such number and at such times as deemed necessary by the risk assessment”