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
Risk assessments will be carried out by a competent member of staff, taking into account the nature/style of the building, the activity, the location and the potential clientele. These risk assessments will aid the promotion of the following four objectives.
The Prevention of Crime and Disorder
An effective CCTV system will be in operation at all times the premises is open for business.
A personal licence will be on site at all times when open to the public for events.
Door Supervisors will be in place at all times during the event.
Alcoholic drinks will be served in cans or in a non-splintering plastic glass. No drinks to be taken out of the bar area which is to be monitored by security staff.
'Challenge 25' proof of age policy will be in effect, and signage displayed accordingly.
Statement of Intent
Oldham Leisure Centre
Middleton Road, Oldham, OL9 6AD
This ‘Statement of Intent’ is a formal declaration of operational procedures, which will be adopted by those concerned in the management, and the operation of Oldham Leisure Centre. It sets out good working practices and areas of responsibility and like matters agreed between the management of Oldham Leisure Centre and Greater Manchester Police.
The document also takes an account of the potential impact that the venue may have upon the local community and establishes good working practices and areas of responsibility in this area too.
Should aspects of Oldham Leisure Centre change, this document can and will be subject to change. This will be done after consultation between the management of Oldham Leisure Centre and Greater Manchester Police, Oldham division.
Any changes will be notified immediately to Greater Manchester Police, Oldham division and amendments to this document made within 28 days of notification.
This document will be reviewed annually on the 1st September of each year. This document will be signed each year by the Premise Licence holder and a representative of Greater Manchester Police, Oldham division.
For the purposes of the statement the words Oldham Leisure Centre will be taken to mean the management, or controlling influence of Oldham Leisure Centre and the words GMP will mean Greater Manchester Police.
Oldham Leisure Centre aims to fulfil these core functions:
· Promote community safety and establish regimes to reduce the impact of dispersing customers upon the community.
· Reduce incidents of public disorder, violence and antisocial behaviour.
· Reduce incidents of underage drinking and drunkenness.
· Support any crime and disorder initiatives in the local area.
· Detect drug offences and send out a clear message that the culture associated with drug misuse will not be tolerated at Oldham Leisure Centre and agrees to work in partnership with GMP in this area.
The primary responsibility for the safe management of persons attending rests with the management; however GMP will have overall control of any major incident that threatens the safety of patrons of Oldham Leisure Centre and other persons present.
In addition to the above, core policing functions will include:
· Prevention and detection of Crime;
· Preventing or stopping breaches of the peace.
Oldham Leisure Centre will take responsibility for the health, safety and welfare of all patrons and other persons frequenting the premise in accordance with the Health & Safety at Work Act 1974, and will continue to liaise with the local council Environmental Health Department.
Additional Measures for Boxing Events
Oldham Leisure Centre will deal exclusively with Hatton Boxing and Sports Management Promotions when staging boxing events, to ensure consistency and continuity of standards agreed with GMP.
Controlled Event Solutions (CES) and PRIDE will be used to exclusively deal with acts of security.
A meeting will take place at least four weeks prior to any such event to discuss the event and its implications for crime and disorder. A decision will be made at this meeting regarding security and policing levels. The DPS for the premises and a representative from GMP (usually the Neighbourhood Police Inspector or their deputy) will be present.
The promoter of such an event will be responsible for funding any extra police presence necessary at the premises or in the vicinity. Once the initial meeting has taken place and the promoter agrees to continue it will be implied that he has agreed to pay for the required police presence.
A second meeting shall take place one week prior to the event. Persons present shall include those detailed above, but will include a supervisor from CES and PRIDE, who are to provide a full list of all persons working at the event, that will include their names, addresses, date of birth, SIA number, role they are to perform and their assigned duty.
At the second meeting all protocols and any other documents will be signed by all parties.
Oldham Leisure Centre will ensure that they have adequate bar staff coverage for the event and that a personal alcohol licence holder is on duty at all times starting an hour before and until at least an hour after the event has finished.
Oldham Leisure Centre will ensure that the centre is closed to other users one hour before and for the duration of the event and one hour after the event has taken place.
Admittance to the event will be by ticket only.
Oldham Leisure Centre will give GMP at least 1 months advance notice of any boxing events. At this time they will notify them of the number of ‘fights’ that are to take place at that event and the names of all persons expected to fight. If these are not available then they will be notified as soon as they are received.
The contact for GMP will be Oldham Police, Town Centre Inspector, contact email oldhamcentral@gmp.police.uk <mailto:oldhamcentral@gmp.police.uk> or 0161 856 8927.
Oldham Leisure Centre will conduct a comprehensive risk assessment for the event and the licensed area which will be with regard to public safety. The risk assessment will be documented and forwarded to GMP and Oldham Council licensing.
Oldham Leisure Centre will prepare and operate a dispersal strategy. This policy will recognise the individual circumstances relating to the venue, the location and the proximity of neighbours and residential and the concerns of the community in all its aspects. A copy of this strategy is attached.
Oldham Leisure Centre will record every half hour, numbers of persons who have entered and left the venue at boxing events. A log will be maintained of attendees at all times throughout the event.
Oldham Leisure Centre will record a half hourly a log of all persons refused admission to the centre and the reason for these refusals.
Oldham Leisure Centre at peak entry times will be responsible to employ/instruct one of the door staff team to perform queue marshal duties when a special event is ongoing such as a boxing event. This marshal shall be identified by a high visibility jacket.
Door Staff
Oldham Leisure Centre will be responsible for risk assessing the need for the provision of SIA registered door staff at the Centre. This will be documented and available for inspection to any Police officer or authorised officer of the council. When required Oldham Leisure Centre will comply with the following:
· When employed all door supervisors will wear hi-visibility jackets which clearly identifies them as SIA security 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.
· The premises will operate a searching policy, whereby customers will be searched prior to entering the premises. Persons suspected of carrying offensive weapons or drugs shall be excluded from the premises.
· A notice shall be displayed at the entrance to the premises advising customers of the search policy.
· Oldham Leisure Centre will ensure a sufficient number of door staff are employed per customer ratio throughout all trading sessions.
· Oldham Leisure Centre will use their best endeavours to ensure all door staff co-operate with the Police. Following an act of violence, door staff will whenever possible, detail an assailant, pending the arrival of the Police.
CCTV
Oldham Leisure Centre will be responsible for ensuring a tamper-proof digital colour CCTV system is installed and maintained to a satisfactory standard at the premises, which will comply with the following:
· The system will run and record continuously for 24 hours a day, 7 days per week and recorded footage will be stored for a minimum of 31 days.
· The system will 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 will be provided to a representative of any responsible authority on request. Such footage will be provided in an immediately viewable format and will include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred will be provided by the premises and sufficient stock of such storage media will be kept on the premises at all times.
· A member of staff who is trained to operate the system and supply footage will be present at the premises at all times when licensable activities are taking place.
· The onsite Facility Manager will ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check will 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 will be kept, including a signature of the person carrying out the check. This written record will be kept on the premises at all times and made available to a representative of any responsible authority on request.
· Suitable signage informing customers that a CCTV system is in operation will 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. All new staff will receive such training within 3 months of employment. Refresher training will be given every 12 months.
Oldham Leisure Centre will maintain a written record of this training, detailing the date completed, the date refresher training is due and the date the refresher training is completed. All staff receiving this training will sign a document to say that the training has been provided and completed, and this will be made available to the Police/Council on request.
Licensed Drinking Area
The licensed drinking area will be separate from any arena, and all alcohol will be consumed within this area.
All bottled drinks will be dispensed into plastic/polycarbonate glassware.
Security staff will be present at all entrances/exits to prevent alcohol being removed from the area and consumed elsewhere in the facility, or taken off the premises.
No under 18’s will be permitted within this area, and the Age Verification Policy followed to ensure this is adhered to.
Oldham Leisure Centre will encourage all staff to conduct proof of age checks throughout the evening if they suspect a person allowed entry is under 18 years of age.
Age Verification
Oldham Leisure Centre will have a strict Age Verification Policy whereby all patrons requiring access who appear to be under 18 years of age will be asked to produce identification. Persons who are unable to provide correct ID will be refused entry. A copy of this Policy is attached.
Oldham Leisure Centre will only accept passports, photocard driving licences, proof of age cards bearing the PASS hologram and military identification cards as proof of identification.
Zero Tolerance
Oldham leisure centre will have a published zero tolerance policy, clearly displaying acceptable levels of behaviour. A copy of this Policy and the Dealing with Difficult Customers Procedure is attached.
First Aid
Oldham Leisure Centre is responsible for ensuring at least one qualified First Aider is on duty at each special event. These people will be readily identifiable as First Aiders.
Oldham Leisure Centre is responsible to ensure an ambulance is summoned where applicable to deal with persons who are taken ill or injured who require more than the basic first aid treatment and care.
Incidents
Oldham Leisure Centre will initiate and maintain a record of known incidents that occur at or on, or in the immediate external vicinity of the premise. The records will contain the following details and information and will be made available for inspection by the Police at any time on demand:
· Date/Time/Type of incident/occurrence e.g. assault, accident, ejection, routine Police visit, etc.
· Brief details of circumstances surrounding the incident occurrence.
· Action taken.
· Persons dealing.
· Police attendance or assistance.
Concerns expressed or positive suggestions made may result in additions to the Statement of Intent Policy. The aim is to build ongoing constructive partnerships to offer the provision of a facility which will be a credit to Oldham and be valued by the Community.
This agreement will come into force on the date it is signed for and on behalf of Oldham Leisure Centre. The details listed in this Statement of Intent are not exclusive of additions or alterations that may become necessary after further discussions and agreement between Oldham Leisure Centre, other local contacts and GMP.
For and behalf of Oldham Leisure Centre:
Name:
Signature:
For and behalf of Licensing and GMP:
Name:
Signature:
Public Safety
Regular documented safety checks will be carried out of the premises, to include means of escape, decorative and functional fixtures, floor surfaces and equipment.
Personal Emergency Evacuation Plans (PEEPS) will be carried out for disabled users to ensure safe evacuation in the event of an emergency.
Daily documented pre-opening checks will be undertaken to ensure access to the premises for emergency vehicles.
An adequate supply of First Aid equipment will be available within the premises, and at least one qualified first aider onsite at all times.
The Prevention of Public Nuisance
Any litter/promotional material arising from people using the premises will be cleared away regularly.
Noise level checks will be carried out of the surrounding area whenever entertainment is being provided.
Security will be on site to ensure/prevent loitering outside of the premises.
Customers will be reminded to vacate the premises in a quite manner.
The Protection of Children from Harm
'Challenge 25' proof of age policy will be in effect, and signage displayed accordingly.
Persons, who appear to be under the age of 25, will have to produce accepted ID.
All alcohol will be displayed and stored behind the counter, whereby customers have no direct access.
No person under the age of 18 will be permitted access to the bar area.