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
Candour Masonic Club as a part of a society dedicated to support Law and Order, care of our country and communities. Will do all in our power to support the objects of Oldham Metropolitan Borough in the application of the 2003 Licensing Act in respect of the prevention of Crime and Disorder, the increase in Public Safety, the prevention of Public Nuisance and the Protection of Children From Harm.
The Prevention of Crime and Disorder
1. All member and applications from outside organisations are vouched for by our members and carefully scrutinise by the club committee.
2. The steward refuses to serve a) anyone appearing to be underage unless they can produce evidence to the contrary. b) anyone who appears to have had enough. c) if it appears disorder could ensue. d) if it appears the drink will be taken out.
3. Notices are prominently displayed in the bar area, adjacent to all entrances and other appropriate places, covering : - a) the danger of damage or theft from vehicles in the car park. b) the hours of opening. c) summary of the age restrictions. d) the capacity of the building. e) all raised in item 2.
Public Safety
1. Written evacuation plans are fully explained to the disabled and those accompanying them.
2. All escape routes are in accord with regulations free from defect, ice and snow.
3. All specific instructions ie. “FIRE DOOR KEEP CLOSED” “FIRE DOOR KEEP CLEAR” are clearly SIGNED in letters 50mm high.
4. All fastenings which must be of approved design are kept in free working order with instructions where required.
5. No furniture, seating is allowed to obstruct escape routes.
6. All soft furnishing and wall coverings are in accordance with approved standards and be correctly positioned.
7. Detailed instructions are prominently displayed giving the essential actions to be taken on discovering a fire, an alarm sounds or other emergency occurs.
8. All fire outbreaks, loss of water supply will be reported to the fire service immediately and along with other emergencies recorded fully in the log book.
9. Sanitary arrangements must be adequate, clean with hot and cold water ventilated with toilet rolls, hand drying and disposal facilities as appropriate.
10. All services shall either be installed by, or certificates obtained from appropriate professionals as to their safety and suitability for the purpose.
11. Prior to opening the premises to the public checks are carried out and fully recorded in the log book.
12. Clear unrestricted access is left for emergency vehicles.
13. Adequate and appropriate supplies of First Aid supplys are maintained.
The Prevention of Public Nuisance
1. The regulations and hours of Opening, licensable activity, club qualifying activity are strictly adhered to.
2. Our less frequent entertainment is carefully controlled. Noise assessment is being organised and if found to be needed the problem will be attended to in accordance with the licensing authority’s requirements.
3. Notices stressing the need to keep doors and windows shut, requesting members guests and staff to leave the building without undue noise are prominently displayed in the bar area at exits and by windows. All noise assessments are entered in the log book.
4. Any smell which might cause offence is controlled or eliminated.
5. All waste materials are placed in suitable vermin and vandal proof containers, without undue noise and arrangements for disposal is in accordance with Sect 34 of The Environmental Protection Act 1990.
In any room where entertainment is taking place the windows shall remain closed and the doors shall remain closed except for access and egress.
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
The Protection of Children from Harm
1. The Candour Club will at all times conform to the various regulations and restrictions concerning the presence, on the premises, of persons under the age of 18 years, depending always on the nature of event being planned.
2. All children under the age of 14 years must be accompanied by an adult and be off the premises by 22:30, children between the ages of 14 and 18 years must also be accompanied and be off the premises by 23:00.