LICENSING ACT 2003
Annex 1 - Mandatory conditions
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.
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).
Annex 2 - Conditions consistent with the Operating Schedule
General
I have read and agree with the terms and recommendations of your local licensing policy in preparing this application.
The prevention of crime and disorder
A 60 minute “wind down” period will allow a staggered departure from the premises of the customers, reducing noise and other conductive problems. Zero tolerance on drugs. CCTV in operation recording all trade areas and outdoors. Member of the local pub watch group. Security lighting in place. Security shutters on windows. The licensee has a close working relationship with the local Police. Staff to be vigilant as customers depart premises to ensure no problems arise. Notice on door with regard to the removal of baseball hats etc.
Public Safety
Health and safety poster, fire procedures poster, accident/incident book, first aid kit, fire alarm, smoke/heat detectors, fire extinguisher/blanket maintenance certificate, gas and electricity safety certificate, fire and workplace risk assessment, signs with regard to the street ban on bottles/glasses are all in place. Health and Safety premises audits and fire alarm/emergency lighting audits are carried out. All areas to be cleared of bottles/glasses on a regular basis. Entrances/exits to be kept clear at all times, in case of emergency. Staff to conduct a ‘walkthrough’ at regular intervals to monitor all areas to ensure no problems arise.
The prevention of public nuisance
Staff vigilance at closing times. Windows to be kept closed where/when necessary to reduce noise levels. All music to cease 30 minutes before close. All music levels to be reduced from midnight to a lower level & slower tempo. No doors to be propped open after 23:00 hrs, to ensure noise levels are contained. Exit notices with reference to noise levels upon leaving the premises, are to be in place.
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 (garden/patio) must not be used by customers after the hours of 23:00hrs.
The protection of children from harm
Proof of age training on all staff. All recognised proof of age cards accepted eg. Passport, portman group, photo driving licence. House rules relating to children ie supervision and times permitted on premises to be responsibility of DPS and displayed on site. All children have to be accompanied by an adult. An updated ventilation system is installed. An outside awning is available for smokers.
All children under the age of 16 should be off the premises by 10:30pm at the very latest, save for private family functions held in a separate function room.
All children should be accompanied and supervised by an adult whilst on the premises
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
Licensed premises
Alcohol shall not be sold or supplied unless it is paid for before 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 1964
On-licence, no children’s
certificate
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(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.