Annex 1 - Mandatory conditions
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.
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.
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
Last entry time: 0200 Hours
No member of the public / customer shall enter the premises after 0200 hours
Last orders: 0230 hours
The bar will close at 0230 hours
Music off / lights on:
Music will stop and the lights will be turned on at 0230 hours in order to start the process of closing the venue. This will give the patrons 30 minutes to leave the venue
Premise closed and secure by
The premises will be closed to the public and be secured by 0300 hours
Prevention of Crime and Disorder
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 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 week 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 time & date. 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 responsible authority on request.
In the event of technical failure of the CCTV equipment the premises licence holder or DPS must report the failure to the Police Licensing Officer immediately.
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.
Door Staff
1. There must be 2 SIA registered door staff present whilst the premises are open for business on Friday and Saturday evening. Door staff will stay on duty until the premises are closed.
2. Whenever door staff are utilised: All door supervisors to wear hi-visibility / reflective jackets 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.
3. Door supervisors will be linked to each other via radio to enable them to radio for assistance should they need to. Door supervisors will use the Oldham Nite-net radio link.
4. 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.
5. Door staff will maintain an orderly queuing system outside the venue and be familiar with the premises dispersal policy.
6. The Premises Licence Holder and DPS will risk assess the need for SIA door staff to be present at the premises at other times and when specific functions are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why door staff were either needed or not.
Saddleworth Band Contest
1. If the premises are open at any time during the Saddleworth Band Contest the Premises Licence Holder and DPS will risk assess the need for SIA door staff to be present at the premises during the Saddleworth Band Contest? A written record of this will be held at the premises detailing the time and date of the function and the reason as to why door staff were either needed or not.
2. The risk assessment will consider the need for having door staff on duty whilst the premises are open for business during the Saddleworth Band Contest from opening until 2100 hours. After 2100 hours door staff will be on duty until close.
Risk assessments
Any door staff risk assessment (as above) must be based on the four licensing objectives and NOT cost implications.
Drugs, Weapons & Search Policy
The premises will operate with a zero tolerance approach to drugs and weapons. If suspicious we will search and seize any drugs or weapons for safe handover as agreed with GMP.
A notice will be displayed at the entrance advising customers of our search policy & dress code.
Designate Premises Supervisor (DPS)
1. The DPS to give the police 7 days’ notice of any absence from the premises of more than 7 days. i.e. holidays and nominate who will be the responsible person in charge whilst away.
2. DPS or Premises Licence holder will be a member of the Pubwatch scheme and attend meetings on a regular basis.
Staff Training
1. The Premises Licence Holder or Designated Premises Supervisor will ensure 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.
2. The venue will maintain a written record of this training, detailing 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.
Excluded Individuals
Excluded individuals will be denied entry into the premises (excluded individuals include those subject to court orders which prohibit the movement of convicted persons, such as Criminal Behaviour Orders (CBO), Pubwatch exclusions and those excluded by the licence holder)
Protection of children from harm
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 posters bearing the PASS logo.
A PASS card must be accepted as proof of age if a purchaser possesses one. Where a purchaser does not possess a PASS accredited proof of age card, only the following alternative forms of alternative identification will be acceptable:-
(a) Photo driving licence
(b) Passport or
(c) Her Majesty’s Forces Warrant Card
No under 18’s permitted on the premises unless accompanied by a parent or guardian.
No under 18’s will remain on the premises after 2100 hours.
Adult Entertainment
No entertainment or activity of an adult or sexual nature will take place within the premises.
Public Safety
All staff will be trained in respect of the fire risk assessment and health and safety risk assessments. Training records will be kept for inspection. A record will be kept of the weekly inspections of the automatic fire prevention and warning system that covers all floors of building.
All exit routes and doors on such routes will be checked prior to opening the venue. They will be free from defect, obstruction, fire/trip hazards and will not be slippery. A record of the inspections will be kept and will record any defects found and remedial action taken.
The licensee shall ensure that no customers will take glasses or open bottles or any other containers from the premises.
When providing regulated entertainment there shall be at all times that the entertainment is taking place, a qualified first aid person, trained to a nationally recognised standard, on the premises. A notice stating the availability of a first aid person shall be prominently displayed inside and outside the premises and shall be protected from damage or deterioration. There shall be first aid equipment and materials available at the premises whilst the premises are trading.
Prevention of Public Nuisance
The premises shall have a written dispersal policy that outlines the procedure for management, door supervisors and staff. The policy shall contain procedures on:
(a) Supervising outside areas to ensure that it is managed in a way that avoids rowdy, unpleasant behaviour and to keep customers quiet as to not disturb neighbours in the vicinity.
(b) Display numbers for taxi firms inside.
(c) Move people away from the premises who are standing around talking to others.
(d) Procedure on refusing entry or banning those who repeatedly cause a nuisance by noise and rowdy behaviour.
(e) Provide a queuing system in the foyer for those waiting on taxis rather than sending them outside to wait.
Noise levels
1. Noise sources both live and amplified will be closely monitored such that they will not be generally audible outside. Noise sensitive property and records will be kept. All windows will be closed when any music is performed / played.
2. There will be no external disposal of waste, which includes bottles, recycling and litter between the hours of 22:00 and 09:00 (10pm to 9am) in order to prevent noise nuisance to nearby residents.
3. The Licence holder shall erect and maintain clear and prominent notices displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
Outside areas
1. The outside smoking area at the rear of the premises must be closed to members of the public no later than 2300 hours, in order to prevent noise nuisance to nearby residents.
2. Door staff must monitor the area at the front of the premises where smoking takes place, in order to prevent noise nuisance caused by patrons, to nearby residents.