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.
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(a);
(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(b).
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
A risk assessment has been carried out with regards to the proposed licensing activities at these premises. Where risks have been identified, the steps taken to mitigate these outlined below.
The Prevention of Crime and Disorder
A tamper proof CCTV system is installed at the premises and cameras situated as per plans. The system records continuously for 24 hours a day, 7 days a week and footage is kept for 28 days and will be made available on request from the responsible authorities.
The premises will hold records of weekly checks of the CCTV system, which will include the working order of the cameras, recording, footage and accuracy of time and dates. These checks will be logged in the premise 'Due Diligence Folder' and is available to the responsible authorities. Signage is visible in the premises, informing customers that CCTV is in operation.
Dedicated table service will be in operation at the shop. Staff will regularly monitor customers in the eating/dining area in the shop, at the front and rear patio areas when taking orders, clearing tables and checking the toilet.
The company has a Workplace Violence Policy, and all staff will be trained in its contents and use.
Public Safety
Steel/wrought iron railings will be positioned in the front patio area protecting our customers from the road/pavement who are eating and drinking.
Fully compliant with all relevant Health & Safety and Fire Safety regs, as this is an existing shop.
The Prevention of Public Nuisance
The DPS and staff shall/will ensure that persons entering and leaving the premises conduct themselves in an orderly manner and do not in any way cause an annoyance to nearby residents, other business and/or persons by passing by.
Any person who tries to gain entry to the premises who exhibits disorderly or anti-social behaviour shall not be permitted entry to the premises. Any person who is involved in disorderly or anti-social behaviour inside the premises, in the front patio area and in the rear garden/terrace will be removed from the premises. A record of this will be kept in the refusals log book.
We will close the rear terrace/garden area at 19:00 each day, so not to cause any disturbance and to protect the amenities of occupiers of nearby properties.
Background music will be played at the premises, for the purpose of providing ambiance only.
The Protection of Children from Harm
The premises has a written Age Verification Policy. This includes operating and promoting the Challenge 25 proof of age scheme. Any person attempting to buy alcohol who appears to be under 25 should be asked to produce appropriate identification. A refusal log shall be held at the premises to log any refusals and will be made available at all times to the responsible authorities.
All new staff will receive an induction and refresher training. This training shall include the Challenge 25 policy, taking actions to prevent proxy sales, promotion of the licensing objectives and the conditions of the primeses licence. All staff training shall be documented and placed in the Due Diligence folder at the Premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
No bottles / waste to be disposed of between the hours of 19:00 and 09:00
That the licence holder will notify and consult with residents of Watergate and Grosvenor Square before any variation to the licence is submitted to the Local Authority.
1. 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 should to be accepted as proof of age.
2. The premises is to maintain a refusals book to record the details of incidents/descriptions of individuals whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18. The book must be made available to the police/authorised officers of the Licensing Authority on request.
3. To keep written records of all training provided in respect to the law relating to underage sales of alcohol. Staff to sign and date records to confirm that the training has been received and understood. The records must be made available to the police/authorised officers of the Licensing Authority on request.
Annex 4 - Plans
Approved plans deposited and kept with the Licensing Authority. Plan ref - 1076-FP-202