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.
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
(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
Mandatory Licensing Conditions from 1st October 2014
1.-(1) The responsible person must 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-
(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 in a manner which carries a significant risk of undermining a licensing objective;
(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 in a manner which carries a significant risk of undermining a licensing objective;
(d) 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;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3.-(1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) 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 either-
(a) a holographic mark, or
(b) an ultraviolet feature.
4. The responsible person must 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;
(b) these measures are displayed in a menu, price list or other printed material which is
available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
Annex 2 - Conditions consistent with the Operating Schedule
General - all four licensing objectives
Chadderton Park Inn is part of and operated by Mitchells & Butlers Group (MAB). MAB own and operate over 2000 separate managed businesses within the United Kingdom. Managers are employed by the company and operate under the direction and procedures of the company. We adopt a corporate approach to risk management across the whole estate. This ensures a consistent approach to the management of risk in each of our businesses through a range of policies, procedures and roles. This approach is fundamental to our operating principles and is integrated into the way we run our businesses.
This is a variation application that does not represent a fundamental change in the way in which this premises has already been trading under its existing licences and conditions. We are required in schedule 1, part B2 to state “any additional steps that you intend to take in order to promote the four licensing objectives if the proposed variation is granted”. We have carefully considered the risks and benefits associated with the additional hour(s) applied for and where additional steps are necessary and proportionate to address the licensing objectives have indicated them.
We will continue to train satff in the standards required by the relevant legislation and as required by company policy.
Our voluntary closure policy for the operation is 30 minutes after the approved closure time for the supply of alcohol.
The Prevention of Crime and Disorder
The company monitors the need for door supervisors and in so doing takes into account any advice given by the police.
The pub manager is required to actively particiapte in and support the local Pubwatch scheme (where active).
Text and/or radio pagers, where already used will be used for any additional hours.
Toughened glass is currently in use and will continue to be used during any additional hours.
Where existing, CCTV system will continue to operate during the additional hours.
In line with our Alcohol and Social Responsibility Policy there will be no promotions that encourage illegal, irresponsible or immoderate consumption.
Public Safety
We already understand our obligations under exisitng Health & Safety legislation, take our responsibilities seriously and have extensive policies and practices in place to meet these obligations.
It is our opinion that the nature of the operation and proposed variation will not lead to any increase in risk of the public safety. The existing policies will simply be extended to cover the relatively small increase in opening hours. Our internal health & safety due diligence and incident reporting system will operate during the additional hours(s).
The Prevention of Public Nuisance
The style and nature of the operation will not differ significantly from the exisitng trading operation during extended hours(s). Indeed, the grant of the additional hour(s) will of itself promote the licensing objectives as stated at paragraph 3.29 of the Guidance, in allowing customers to emerge from premises at a more gradual rate.
Reasonable steps are taken to recognise the rights of lcoal residents and to encourage customers to leave the premises quietly.
Managers are required to liaise with local neighbours as part of their duties and resolve any reasonable concerns in accordance with our role in the community guidelines.
Tha garden/patio must not be used by customers after the hours of 00:00.
The Protection of Children from Harm
We recognise the importance of protecting children from harm and this is supported by : -
Our commitment to health and safety in the operation and maintenance of the premises
Our approach to managing the risk of under-age drinking
We will at all times observe the law and ensure that alcohol is not served to people who are under 18 years of age. The manager and staff are briefed in the importance of their responsibilities in ensuring customers are over 18.
No adult entertainment (paid for by the company of a nude physical nature) is permitted at these premises. Any children under 16 remain the responsibility of the accompanying adult when using the premises (and/or exterior area). Staff are not allowed to be in sole supervision of children which remains the responsibility of the accompanying adult at all times.
All children should be accompanied and supervised by an adult whilst on the premises.
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)
Annex 4 - Plans
Plan TC130/02/0 approved on 11th October 2013. A copy of the approved plan is held at the Offices of the Licensing Section