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
We have applied for an extended period between the cessation of the supply of alcohol and the closure of the premises to give us the option to allow for a more gradual dispersal of customers. The style and operation of the pub will not differ significantly during the extended hours. Where this is appropriate, non-alcoholic refreshment will be available in the extended period. The premises will respect Spirit Group’s Approach to Responsible Drinking. Our policies change at regular intervals to reflect current trends and it would be inappropriate to standardise them on a permanent basis.
The prevention of crime and disorder
When door staff are used they will be Security Industry Authority (SIA) approved and operate in accordance with the security industry guidelines. A zero tolerance towards illegal drugs will be enforced at all times. If a disc jockey is used on any night then he/she will ask customers to leave quietly. All instances of crime and disorder will be reported to the police and will be kept in an incident log book.
Public safety
Public safety is integral to the way that the Spirit Group runs its business and is reviewed regularly through our health & safety policy. This policy is fully briefed and trained to all management and staff and we will continue to train staff to the standards required by relevant legislation. Free drinking water will be available at all times.
The prevention of public nuisance
Additional patrols will take place by members of staff, internally and externally, to limit any noise pollution when entertainment is being offered within the premises. Notices will be displayed asking our customers to respect our neighbours when leaving the premises. Soft drinks and non-alcoholic refreshment will be available if we decide to use the option to stay open for an extended period between cessation of the supply of alcohol and the closure of the premises (see above under General).
The protection of children from harm
When children are allowed upon the premises, any entertainment offered within the premises will be suitable for young persons. Children will be required to be supervised by the accompanying adult at all times. A no smoking area will be provided. Soft drinks and non-alcoholic drinks will be available. A recognised Proof of Age Policy will be enforced.
Annex 3 - Conditions attached after a hearing by the licensing authority
For the 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 license 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;
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 members and their guests) notices requiring customer to leave the premises and the area quietly (Note, this may also include a reference to vehicles);
Disposal of waste bottles into external receptacles must occur between 21.00 and 09.00;
The Garden/Patio area will not be used by customers consuming food and/or drink between 22:00 and 07:00
No amplified music to be relayed to the outside area at any time;
Arrangements shall be put into place to ensure that waste collection contractors do not collect between the hours of 20:00 to 08:00 Monday to Friday and 20:00 to 09:00 Saturday and Sunday.