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.
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).
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.
ADDITIONAL MANDATORY CONDITIONS
The following conditions shall come into force on 6th April 2010
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.
The following conditions shall come into force on 1st October 2010
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
General - all four licensing objectives
1. The applicant will continue to train its staff to the standards required by relevant legislation.
2. The style and operation will not differ significantly during the extended hours. The additional hours sought will themselves promote the licensing objectives as stated in paragraph 3.29 of the guidance in allowing customers to emerge from the premises at a more gradual rate.
The Prevention of Crime and Disorder
1. Notices will be displayed at the exit to the premises asking customers to leave quietly.
2. The current level of lighting outside the premises will continue for the additional hours of trading.
3. Any person who appears to be intoxicated will not be allowed entry to the premises.
4. The premises will actively participate in the local Pub Watch or equivalent scheme and intelligence submissions will be made via the Business Improvement Officer.
5. Where already used text/radio pagers will continue to be used for the additional hours of trading and will be monitored by a responsible member of staff.
6. Polycarbonate glasses will be used inside the venue.
7. Soft drinks will continue to be available until 30 minutes before the premises close.
8. Music and dancing will continue to be a prominent feature of trading.
Public Safety
1. The applicant takes its obligations under existing legislation very seriously. The nature of the operation of the venue will not change during additional hours.
2. Free drinking water will be available at all times.
The Prevention of Public Nuisance
1. Door supervisors will ensure as far as possible that any bottles and glasses are not removed from the premises.
2. Any queue to the premises will be monitored by door supervisors and any person who is causing a nuisance or who appears intoxicated will not be allowed into the premises and be asked to leave the queue.
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.
The licence holder or his representative shall take all measures that are reasonable practicable to ensure that the licensed activities at the premises do not cause a noise disturbance to any nearby noise sensitive properties.
All external doors and windows shall be kept closed when entertainment is being provided, other than for access or 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 the licensing authority.
The Protection of Children from Harm
1. No person under the age of 18 shall be admitted to any part of the premises.
2. No person under the age of 18 will be allowed on the premises and any person who looks under 21/25 will be asked to produce proof of age before being allowed entry to the premises. The premises will adopt the Council's Challenge 25 policy.
Annex 3 - Conditions attached after a hearing by the licensing authority
“A minimum of 3 SIA Registered Door Supervisors will be on duty at the premises from 2300 hours until close on Fridays and Saturdays. The requirement for additional door Supervisors at all other times will be risk assessed and door Supervisors will be employed at such times and in such numbers as deemed necessary by the risk assessment.
The premises licence holder will enter into and adhere to 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 promotion, if they are to be run at all, and what measures it will take in light of this risk assessment”.
The premises shall install and maintain a comprehensive digital CCTV system. The system shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All CCTV recordings shall be stored for a minimum period of 31 days and recordings shall be made available following a request of the Police Service. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public.
Annex 4 - Embedded Conditions
On-licences
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
g. On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).