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.
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
A tamper proof digital colour CCTV system with recording equipment shall be installed, operated and maintained at the premises. The system will operate throughout opening hours. All recordings made by the system shall
Be of evidential quality
Indicate the time and date
Be retained for a period of 28 days
Be made available for inspection and downloading upon request to an authorised officer of a responsible authority or the licensing authority in accordance with the principles of the Data Protection Act 1998. The Manager on duty will be trained in the operation of the system to ensure compliance with any such request. Signage will be displayed informing customers that a CCTV system is in operation.
Public Safety
A safety check shall be carried out at the premises before it opens each day.
A first aid box will be made available at the premises.
The outside area shall be monitored and regularly cleared of glasses and bottles.
The Prevention of Public Nuisance
No noise nuisance shall be caused to nearby noise sensitive premises.
The operator shall implement and adhere to a dispersal policy, details of which shall be provided to Oldham Metropolitan Borough Council’s environmental health team.
The operator shall implement and adhere to a smoking policy, details of which shall be provided to Oldham Metropolitan Borough Council’s environmental health team.
The Protection of Children from Harm
Each member of staff authorised to see alcohol will receive adequate training on the law with regard to alcohol sales to include age verification. All training will be properly documented and retained. The training records will be kept on the premises and made available for inspection by authorised officers. refresher training to be carried out at 12 monthly intervals.
A 'Challenge 25' policy shall be operated on the premises at all times during opening hours. The policy will require staff authorised to see alcohol to check the identification of all persons who appear to be less than 25 years of age. The check shall be made by examining; a passport, photographic driving licence or PASS approved proof of age card. Any individual who is authorised to sell alcohol at the premise must be aware of the 'challenge 25' policy. Signage shall be displayed inside the restaurant informing customers of this policy.
A written or electronic register of refusals shall be maintained and retained at the premises to include, the date, time, description of the person refused alcohol and the name of the member of staff dealing with the refusal.
Annex 4 - Plans
Plan 3439/60approved on 6th October 2016. A copy of the approved plan is held at the Offices of the Licensing Section.