LICENSING ACT 2003
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.
ADDITIONAL MANDATORY CONDITIONS
1. (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
4. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
5. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
The Prevention of Crime and Disorder
Whenever the designated premises supervisor is not at the premises another responsible person will be nominated by them as being the responsible person to manage the premises.
A minimum number of 2 members of door staff registered with the SIA will be on duty at peak times for the first 100 customers and thereafter one for every 100 or part thereof.
Door supervisors registered with SIA shall be equipped with an appropriate method of keeping an accurate record of the capacity levels. Each floor will be closely monitored to prevent overcrowding on one particular level, room or area.
Door supervisors shall be positioned at each entrance/exit (other than fire only exits) to ensure that no customer leaves with any bottles or glasses.
The designated premises supervisor will maintain a daily record comprising of the following:- start time and finish time of each door supervisor. The door supervisor will record their SIA badge number and will sign and print their name in a legible form at the beginning and end of each tour of duty. The record shall be in a bound book and kept securely on the premises for at least 6 months and shall be produced on request to the Police or other authorised person.
The premises are equipped with a CCTV system that covers both internally and the main exit door. The system records, the data is kept for 21 days and is available for inspection by the Police or other responsible authority.
The designated premise supervisor or a person nominated by them shall be a member of and regularly attend meetings of any pubwatch scheme for the area within which the premises are located.
At peak times an appropriate method of communication, such as Radio Link, will be used at the premises and monitored at all times by the DPS or a responsible member of staff.
Public Safety
Only glasses, which are made of toughened/safety glass, will be used at the premises.
The premises holder/DPS will not advertise irresponsible drinks promotions.
Free drinking water to be made available at all times from the bar.
A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g slips, accidents, entry refusals and incidents of disorder etc. The log shall be a bound book and will detail the date, time, type of incident, brief circumstances, action taken, person dealing and whether the police attended. The logbook will be made available for up to six months to Police or any other responsible authority for inspection, if required.
The capacity for the premises will be 100 downstairs and 50 persons upstairs.
The Prevention of Public Nuisance
Signage will be prominently displayed at all exits to the premises asking people to leave quietly at the end of the evening.
At all times the DPS or other responsible person nominated by him shall ensure that the level of noise emitting from the premises shall be kept to a minimum by regulating the noise from within the premises.
The Protection of Children from Harm
The cigarette machine is located within sight of the bar and is closely supervised.
No persons under the age of 18 will be permitted on the premises after 9.00 pm.
Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
UK photo driving licence
Passport
PASS card, (proof of age scheme)
Proof of age checks will take place inside the premises by staff whenever they have doubt about a person's age.
No children will be permitted onto the first floor of the premises at any time. Signage will be displayed at the bottom of the stairs stating that fact and outlining the location of the alternative toilet facilities.
Annex 3 - Conditions attached after a hearing by the licensing authority
Where flyers are used by premises, the premises shall be responsible for the removal of any discarded flyers from public areas. Where large numbers of flyers are found in public areas relating to the premises and the premises does not remove them without delay, they shall meet the cost of removal by the Council.
Posters advertising the premises or acts/events at the premises shall not be fixed to any building or structure without permission of the owner and planning permission where necessary.
While the premises are fitted with a large screen or television a message shall be put upon it and displayed at closing time asking customers to leave in a responsible way and to respect neighbours.
“The premises licence holder will risk assess in consultation with Greater Manchester Police the requirement for SIA registered door supervisors at the premises and use such door supervisors in such number and such times as deemed necessary by the risk assessment. Consultation does not confer a write of veto on Greater Manchester Police and the ultimate decision remains with the premises licence holder.
The premises licence holder will enter into and adhere with a drinks promotion protocol with Oldham Council Trading Standards. This protocol will set out how the premises licence holder will risk assess particular types of promotions if they are to be run at all and what measures it will take in light of the risk assessment in consultation with Oldham Council Trading Standards. Consultation does not confer the right of veto for Oldham Council Trading Standards and the ultimate decision rests with the premises licence holder”