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.
20 Mandatory condition: exhibition of films
(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
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 types of entertainments proposed re-instate the normal pub entertainments that were previously unregulated.
No new steps have been identified by risk assessment in relation to the four licensing objectives, except as below.
I have considered the terms of your local licensing policy in preparing this application.
The Prevention of Crime and Disorder
Providing a 30 minute extension of opening hours after the end of the sale of alcohol will promote this objective as the last drink will be consumed less quickly, with access to the pubs toilet facilities.
There will be no off sales outside curtiledge.
Public Safety
Function bookings will be limited to seventy persons. My risk assessment identifies no other risk of crowding.
The Prevention of Public Nuisance
Live music will end at 01:00 and 02:00.
Recorded music will end at 01:00 and 02:00.
Recorded music volume will be reduced at 23:30 and 00:00.
All windows will be kept closed after 22:00.
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.
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly. (Note, this may also include a reference to vehicles).
The Protection of Children from Harm
The restrictions set out in the Licensing Act 2003 will apply.
No unusual risks of harm to children have been identified. No unaccompanied children allowed on the premises. All children to be off the premises by 19:00, except when attending a pre-booked function (function room only) using separate entrance/exit and only under strict parental supervision. An ID scheme is in operation, all staff have been trained.
Annex 3 - Conditions attached after a hearing by the licensing authority
Designated Premises Supervisor or Personal Licence Holder
The Premises Licence Holder or Designated Supervisor shall ensure that at least one personal licence holder is present on the premises whilst the sale or supply of alcohol is being undertaken.
Under 18
No person under the age of 18 will be permitted on the premises, at all times. The only exception will be when passing through in order to access or leave the private residential area of the premises.
Prominent clear notices shall be displayed at the entrance stating that no persons under the age of 18 are permitted to enter the premises.
Challenge 25 Scheme
A documented Challenge 25 scheme will be operated at the premises. The Challenge 25 scheme shall be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over. Failure to supply such identification will result in no sale or supply of alcohol to that person.
The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the display of Challenge 25 posts bearing the PASS logo.
A PASS accredited holographic proof of age card will be the main identification document accepted at the premises as proof of age. A PASS car must be accepted as proof of age if a purchaser possesses one. Where a purchaser does not possess a PASS accredited proof of age car, only the following alternative forms of identification will be acceptable:
(a) Photo driving licence;
(b) Passport; or
(c) Her Majesty’s Forces Warrant Card.
CCTV
A tamper-proof digital colour CCTV system must be installed and maintained to a satisfactory standard at the premises.
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 28 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 to a representative of any responsible authority on request. Such footage must be provided in an 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 present at the premises at all times when licensable activities are taking place.
The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every month 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 date and time. 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 responsibility authority 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 Premises Licence Holder or Designated Premises Supervisor will ensure that all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act. All staff must receive 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 who was trained, 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.
Door Staff
There must 2 SIA registered door staff present while the premises are open for business from 2100 hours to closing on Friday and Saturday evenings for the first three months under the new Designated Premises Supervisor and management staff and subject to risk assessments by the Premises Licence Holder for particular events/occasions throughout the year and the recording of rationale for when not choosing door staff.
All door supervisors to be recognisable as door staff and display their SIA badge in an arm band. This arm band will be worn on the sleeve of the 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.
Door staff will maintain an orderly queuing system outside the venue.
Door staff will operate a Challenge 25 policy at the point of entry.
Annex 4 - Plans
A copy of the approved plans are deposited with the Licensing Authority - Plan Number 03/03/252/30755