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
(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
The latest application is to extend hours at TOAST !, have licensable activities finishing at midnight and provide for a further hour for customers to wait for taxis and finish drinks and allow time for cleaning and clearing-up. The application removes the existing condition relating to no late night openings, and allows for provision of late night refreshment up to midnight. There have been a number of improvements made at the premises location since the last licence was granted. These are outlined in the sections below.
We have clear guidelines as to who we will sell alcohol to, following the strict ID guidelines of the government. We will install a CCTV system with recorder and have regularly maintained fire extinguishers to hand. Our venue is not in a town or village centre; when entertainment takse place, noise monitoring will be undertaken at the nearest noise sensitive property and this will be recorded. No live music will be played during normal working hours (Monday to Friday 9am to 5pm, excluding Bank and Public Holidays) Clear exit signs and a well lit environment means a safe zone for our customers. All security measures have been taken.
The Prevention of Crime and Disorder
Bizspace, the site landlord, have now installed more effective remote monitoring and night patrols for the Centre, and are upgrading their alarm systems linked to Red-Care. The internal car-park at the Centre is locked at night. Other tenants have also installed selective CCTV systems throughout the site, including approach roads. This approach has resulted in zero incidents during the latest spree of burglaries.
TOAST ! has also taken certain other specific actions:
1. CCTV cameras have been installed OUTSIDE as well as inside the unit, with monitoring enabled through mobile phones, laptops, tablets etc. (monitoring tablet on view in the unit). The outside cameras cover the gates to and the yard itself where TOAST ! is situated. All movements captured by CCTV are recorded and kept for a minimum 2 years.
2. A 360 degree alarm system has been installed, which dials through to home and mobile phones (through which CCTV can be viewed). Both the alarm system and cameras are clearly visible to any would-be intruder.
3. 5 lever mortice locks have been installed, together with locks on both steel shutters (main entrance and fire escape)
4. Another location is being used for wine stock storage, ensuring not too much stock is left on the shelves at night.
CCTV
A tamper-proof digital colour CCTV system must 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.
Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in a 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 who is trained to operate the system and supply footage must be available to produce this footage on the request of the police or other responsible body.
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 responsible body on request.
Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act.
Staff Training
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 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.
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/Council on request.
On Friday and Saturday evenings or when functions are being held a personal licence holder will be present at the premise between the hours of 9pm to midnight.
Risk Assess the need for SIA doorstaff
The premises will risk assess the need for SIA doorstaff to be present at the premises when functions/events are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why doorstaff were either needed or not.
This will be available for inspection on the request of the Police or other responsible authority.
When required SIA registered doorstaff must be used. Doorstaff will stay on duty till the premises are closed.
All door supervisors are to wear hi-visibility jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is 'date', 'full name', 'time shift started', 'time shift finished', 'SIA badge number', 'signature'. Upon request this record must be given to Greater Manchester Police and/or and authorised officer of the Council.
Plastic Polycarbonate Glasses
The premise will risk assess whether plastic/polycarbonate glasses should be used when functions are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why plastic/polycarbonate glasses were either used or not.
This will be available for inspection on the request of the Police or other responsible authority.
Challenge 25
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 and doorstaff when used, of customers inside the venue to check valid ID and age of customers.
No opened alcoholic drinks allowed outside
No customers will be allowed to take any drinks outside the curtilage of the premises, except in a sealed container.
All customers will be requested to leave the premises quietly and not cause any noise or nuisance to neighbouring properties. A sign will be displayed on the entrance to the premises informing customers of this. The person in charge will be responsible for ensuring customers comply with this request.
On Friday and Saturday evenings and when functions are being held from 10pm until closing a personal licence holder will be present at the premises.
Public Safety
Annual fire extinguisher maintenance and testing and full PAT test for every appliance in use at TOAST is performed. Emergency lighting in case of general power failure has been installed and tested in a real situation. Fire exit signs are now permanently lit.
TOAST follows a policy of only allowing plastic glasses to be used in the small outside patio area which is well lit by site lighting directly outside the unit.
The Prevention of Public Nuisance
CCTV.
No sale of alcohol to intoxicated individual.
Challenge 25 - to assess age
The Protection of Children from Harm
All children under 18 are to be accompanied by an adult after 7pm.
The premises will operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises. Persons who appear to be under the age of 25 must produce for thorough scrutiny by staff, proof of identity/age before being sold/supplied alcohol. Only a passport or photo-card driving licence or a proof of age card bearing the official ‘PASS’ accreditation hologram and military ID should to be accepted as proof of age.
Annex 4 - Plans
Plan approved on 20th March 2015. A copy of the approved plan is held at the Offices of the Licensing Section.