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
(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
This application may be amended during the application period to reflect any agreements that may be reached with the responsible authorities and interested parties.
The premises are now providing breakfast and on occasion have customers who would wish to partake of a drink with their breakfast. Given the reason for the application it is not considered that any further conditions are necessary on the Licence to promote the four licensing objectives.
The Prevention of Crime and Disorder
No customers carrying open or sealed bottles shall be admitted to the premises at any time the premises are open to the public.
Public Safety
All fire doors will be maintained effectively self closing and shall not be held open other than by approved devices.
Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade shall be summoned, are to be prominently displayed.
The Prevention of Public Nuisance
No regulated entertainment of any type shall take place outside the premises in any areas which are within the licence holder’s control after 22:00.
When amplified musical entertainment is taking place inside the premises after 22:00 windows and doors, save for entrance and exit purposes, will be kept shut.
A sign will be located at the exit(s) requesting that customers leaving the premises do so quietly and with consideration to neighbours.
For premises where entertainment frequently takes place, music and associated sources (including DJs, and amplified voices) should generally not be audible inside noise sensitive property at any time. Where entertainment takes place less frequently, such noise should not be audible inside noise sensitive property between 23.00 and 07.00 hours.
All external doors and windows shall be kept closed when entertainment is being provided, 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 licensing authority.
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
No one under the age of 16 will be allowed to enter or remain on the premises after 22:00 save for Christmas Eve and New Year’s Eve.
Anyone who appears to be under the age of 18 and who is attempting to buy alcohol must be required to produce proof of age before such a sale is made
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;
(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.
21. i) No person engaged in vetting customers, maintaining public order, or engaged in the care and control of customers, (hereinafter referred to as security staff), whether it be permanently or occasionally, can be engaged as security staff until they have been registered by the Security Industry Authority (SIA).*
*As amended by The Private Security Industry Act 2001 (Modifications of Local Enactments Order 2004)
ii) The licensee must ensure that all security staff shall, whilst so employed, wear an identification badge issued in accordance with the SIA Scheme.
iii) Where the licensee or his employer engages any person(s) at any premises licensed by
Oldham Metropolitan Borough Council for Public Entertainment in the capacity of security staff, the licensee shall maintain a log in a form approved by the Council, showing in respect of each period of duty of that person:
(a) the name, date of birth and residential address of that person and registration number.
(b) the time at which he/she commenced that period of duty with a signed acknowledgement by that person;
(c) the time at which he/she finished the period of duty with a signed acknowledgement by that person;
(d) any times during the period of duty when he/she was not on duty;
(e) if that person is not an employee of the licensee or his/her employer, the name of the person by whom that security person is employed or through whom the services of that person were engaged.
The log shall be so kept that it can be readily inspected at any time during which the premises are licensed for Public Entertainment or at any other reasonable time, by an authorised officer of the Council or a Police Officer and once a log has been completed, it must be retained on the premises for at least twelve months.
iv) The Licensee, shall, as soon as is reasonably practicable, notify the Oldham Metropolitan Borough Council of any security staff dismissed or warned by the licensee for serious misconduct which might reasonably affect the continuation of, or renewal of such security staffs' registration e.g. serious misconduct will include, but is not limited to, unprovoked attack on any customer or abusive or aggressive behaviour, drinking on duty and/or being unfit through drink or drugs, repeated failure to comply with the conditions off the Doorsafe Registration
A licensee, when requested, shall identify by name those persons employed by him to a police Officer or Authorised Officer of the Council.
v) The licensee shall ensure that all security staff are given adequate oral and written instruction in respect of their duties under the Doorsafe Registration Scheme.
vi) No licensee shall employ security staff in circumstances where their Doorsafe Registration, whether provisional or full, has been suspended or revoked or where any licence has expired.
22. The Licensee shall take reasonable precautions to ensure that noise does not emanate from the licensed premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
23. The Licensee shall take reasonable steps to ensure that persons leaving the licensed premises conduct themselves in an orderly manner and do not cause annoyance to local residents and/or passers-by.
24. Whilst the premises are being used for the public entertainment, electrical installations must comply with any applicable Rules and Regulations affecting the use of electricity for the time being in force and every two years the Licensee must obtain a certificate of safety provided by a registered electrical contractor or competent electrical engineer on behalf of the Licensee indicating that the installation is maintained in a safe and satisfactory condition. This certificate shall be submitted to the Council on request. Applications for FIRST grant of a licence shall be accompanied by the Electrical Certificate.
27. The noise from the premises whilst being used for the public entertainment shall not exceed the level that may be prescribed by the Council.
36. One of the following protective measures shall be used for all socket outlets which may be used for the connection of lighting, video or sound amplification equipment and display models.
(a) Each socket outlet circuit shall be protected by a residual current device having rated residual operating current not exceeding 30mA.
(b) Each individual socket outlet shall be protected by an integral residual current device having a rated residual operating current not exceeding 30mA.
The correct operation of all residual current devices shall he checked regularly by pressing the test button. if the device does not switch of the supply, an electrical contractor should be consulted. At the same time. action should be taken to prohibit the use of socket outlets associated with a faulty residual current device.