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.
21 Mandatory condition: door supervision
(1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
(2) But nothing in subsection (1) requires such a condition to be imposed -
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to -
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
(3) For the purposes of this section -
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
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
All clientele at time of booking the venue will be made aware of any licensing restrictions and the policies we have in place to ensure their event will be a big success. All various policies will also be displayed in prominent areas so all clientele are aware. The greatest care will be taken in terms of security and management to ensure that all checks are done and the building is safe and operating successfully under its licence.
The Prevention of Crime and Disorder
The new stand will operate a CCTV system that links back to our main match day control, this will be maintained in good working order when the premise is in use. The recordings will be retained for 31 days and will be available should they be requested. A personal licence holder will be on the premises at all times when open to the public. A register of supervisors will be kept on site showing names, licence number and address of all licence holders and training given. On match day all supervisors and security personal will have radio communication with match day control. For evening events we will provide a minimum of 2 security supervisors, which will do the pre & post security check and log all details for the DPS to review, this will include all their SIA details. No drinks will be allowed outside the premises unless in an unsealed container which has been sold as part of the off sale. On match day where applicable drinks will be served in plastic glass (that being mainly the public concourse) and we will adhere to the football drinking rules of serving alcohol in view of the pitch. For football matches no alcohol will be allowed in view of the pitch this will be monitored by our match day control and match day stewards. We will have on site at all times at least one person who holds a current first aid certificate and will ensure sufficient first aid equipment is on site at all times. When requested by the Greater Manchester Police we will use plastic glasses. No one with glassware will be allowed access to the premise and anyone believed to be under the influence of alcohol will be refused entry, or asked to leave the premises. The outside car park may be required for one off events and if required a full operational plan will be issued to the police and agreed. Along with the licence the DPS will display various notices to adhere to the licence.
At all times when premises are open the following policy documents will be adhered to :
Alcohol Service Manual Form
Function Sheet Information
Match Day Safety Operational Stewarding Plan
Match Day Operations Manual
Risk Assessment
Staff Handbook
Statement of Intent
Public Safety
As part of our daily procedure we will operate a pre & post inspection check list which will be stored on site, this will include fire exits, extinguishers etc. A weekly fire alarm check will be undertaken and all guests will be briefed in the fire evacuation procedure and muster points, should an emergency occur. Our security personal on evening events will also do pre & post event checks. We will require off anyone using the premises with their mobile equipment DJ etc PAT testing certificates and adequate insurance. All staff will be trained in how to deal with unwell or people who seem to be affected by drugs and alcohol and all accidents or issues will be logged and reported where necessary. We will only allow the allocated number of persons into the building as our licence dictates.
The Prevention of Public Nuisance
We will display at our exits notices requesting that customers respect the needs of local residents and leave the premises and area quietly. All external windows and doors will be kept closed when live entertainment of music is being played and the duty manager will do regular checks to ensure that noise levels are not exceeded and cause nuisance, if so they will implement steps to rectify immediately. management and door supervisors will do their best to stop people from loitering outside the premise causing a nuisance. Prior to the end of the evening announcements will be made reminding customers to respect our neighbours when leaving the premises. Delivery's and waste collections will take place, during the hours of 7am and 5pm. We will provide adequate bins for the disposal of retail food and drink receptacles. The premises will be closed to customers 30 minutes after licensing activities have ceased. We will not allow any clientele access to the venue after licensing activity has ceased. Any litter produced by people using the venue will be cleared away regularly. We will agree with the council a set sound level and do regular checks with a digital sound level meter to ensure it is being adhered to. (There records and amendments will be stored on site for monitoring if necessary)
For premises where entertainment frequently takes place, music and associated sources (including DJs, and amplified voices) should generally not be audible inside noise sensitive property at any time. Where entertainment takes place less frequently, such noise should not be audible inside noise sensitive property between 23.00 and 07.00 hours.
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.
The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
Disposal of waste bottles into external receptacles must not occur between 22.00 and 09.00.
No music or speech shall be relayed via external speakers other than for events with prior approval of the licensing authority between 21.00 - 09.00.
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 unauthorized 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.
Where the premises provide food to the public for consumption on or off the premises, there shall be provided outside the premises, at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings and other litter.
No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises, unless it is considered necessary by the local Police force to prevent crime and disorder.
The Protection of Children from Harm
The premises will operate a 'Challenge 25' proof of age policy and signage will be displayed to inform customers of our policy. A refusals book to record details of refusals will be available for access if required. All alcohol will be displayed behind the counter. No person under the age of 12 will be permitted on the premises after 11pm.
Annex 4 - Plans
Plan 043436 approved on 17th June 2015. A copy of the approved plan is held at the Offices of the Licensing Section.