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.
Annex 2 - Conditions consistent with the Operating Schedule
General
The entertainment proposed is no more than normal pub entertainment. I have considered the terms of the local licensing policy for Oldham Council and propose to take the following
The Prevention of Crime and Disorder
As no “drinking up” time is allowed under the new policy I propose to serve the last drink 30 minutes before the terminal hour which will allow people ample time to consume their drinks and disperse orderly.
a) The premises shall install and maintain a comprehensive digital CCTV system as per the minimum requirements of a Greater Manchester Police Crime Prevention Officer.
b) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.
c) All CCTV recordings shall be stored for a minimum period of 31 days. Recordings shall be made available following a request of the Police Service throughout the preceding 31 day period.
d) 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.
e) There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
f) The DPS shall inform the local police licensing office in writing of any planned absence of more than 7 days away from the premises. Notice shall be no less than 7 days.
g) No drinks shall be served in glass containers and/or bottles; only polycarbonate drinking vessels shall be used.
h) On a Thursday, Friday, Saturday and Sunday from 21:00 until closing there shall be a minimum of 4 SIA licensed door supervisors on duty at the premises whilst it is open for business.
i) There shall be a written record of the licensed door supervisors working on the premises. The written record shall at least record the ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘SIA badge number’, ‘signature’.
j) The written record of the licensed doors supervisors shall be made available upon request by the police service and/or an authorised officer of the licensing authority.
k) On a Thursday, Friday, Saturday and Sunday from 21:00 until closing there shall be at least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises whilst it is open for business.
l) On a Thursday, Friday, Saturday and Sunday from 21:00 until closing there shall be at least I SIA licensed door supervisor in the beer garden.
m) On a Thursday, Friday, Saturday and Sunday from 21:00 until closing there shall be at least 1 SIA licensed door supervisor monitoring the internal area of the premises.
n) On a Thursday, Friday, Saturday and Sunday from 21:00 until closing, 4 out of every 10 persons entering or re-entering the premises shall be subject to a search by an SIA trained member of staff using a metal detector.
o) SPA licensed door supervisor shall be linked to each other via radio to enable them to radio for assistance from each other should the need arise.
p) SIA licensed door supervisors shall use the nite-net radio link, if available.
q) No person found with, or using, a weapon or illegal drugs may enter or remain on the premises.
r) Any person who refuses to be searched must be refused entry.
s) All searches must be carried out in full view of a CCTV camera.
t) The management shall instruct security staff and other staff members to assist police or local authority officers with any enquires they make in the execution of their duties.
u) All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility jackets or vests.
v) Patrons shall not be permitted to consume any drinks whatsoever in the doorway of the premises. A notice shall be prominently displayed asking patrons to keep the doorway clear, except for access and/or egress.
w) Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
x) Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
y) A proof of age scheme, challenge 25, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.
z) Reasonable and adequate staff training to be carried out and properly documented in relation to: (i) dealing with incidents and prevention of crime and disorder: (ii) sale of alcohol (to underage, persons over 18 purchasing for underage, drunks etc.) prior to being allowed to sell alcohol.
aa) Except for Monday, there shall be no admittance to the premises after 02:00 hours until permitted hours at noon.
bb) There shall be no admittance to the premises after 00:30 on a Monday morning until permitted hours at noon except for a Monday Public Bank Holiday when last admittance shall be 02:00 hours.
cc) After 20:00 hours, there shall be a dress code at the premises, which excludes person(s) wearing hoodies, tracksuits, work clothes, sports trainers.
dd) The premises shall operate a music policy. Between 02:00 - 03:00 popular chart music shall be played and between 03:00 - 04:00 softer and quieter music will be played to assist with the winding down period prior to the gradual dispersal of the patrons from the venue.
ee) The premises licence shall be suspended until midnight on the 28th day of April 2010.
Public Safety
No capacity restriction is provided as risk assessment shows no risk of crowding.
The Prevention of Public Nuisance
Live music, recorded music and dancing will terminate at the time allocated to stop serving alcohol this will prevent nuisance.
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 reasonably practicable to ensure that the licensed activities at the premises do not cause a noise disturbance to any nearby noise sensitive properties.
When entertainment is being provided, all external doors and windows shall be kept closed, after 1 am, other than for access and 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 to the Local Authority.
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly. (Note, this may also include a reference to vehicles).
CCTV will be in operation 24 hours daily.
The Protection of Children from Harm
The current restrictions with regard to children will apply, no greater controls will be needed.
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).
The existing restrictions do not prohibit:
(d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or club for the purposes of the trade or club;
(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(h) the taking of alcohol from the premises by a person residing there; or
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
S.166 LA 1964 Alcohol shall not be sold or supplied unless it is paid for before
Licensed Premises or at the time when it is sold or supplied, except alcohol sold or supplied:
(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
(c) to a canteen or mess.
S.168, 171, 201 LA No person under fourteen shall be in the bar of the
1964 On-licence, licensed premises during the permitted hours
no children’s unless one of the following applies:
certificate
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.