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
Annex 2 - Conditions consistent with the Operating Schedule
The Prevention of Crime and Disorder
The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and /or directions given by the Police are complied with. (Note, where the premises hold a club premises certificate, there is no requirement for a Designated Premises Supervisor).
A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
Where the premises licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance to the premises where it is clearly visible to members of the public visiting those premises.
There shall be displayed at the entrance to the premises a sign which is clearly visible to members of the public visiting. Those premises containing details of the trading hours under the premises licence.
Public Safety
The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in contrasting colours or other similar means.
All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.
All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public.
Reasonable provision shall be made to ensure that the premises and facilities are both accessible, and reflect the needs of all sectors of the community.
The premises shall be maintained so that the following fire retardancy standards are complied with:-
() All upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of BS 5852:1990.
() All repairs or refurbishment of existing seating or upholstery shall include the removal of untreated polyurethane foam and its replacement by fillings which conform to the Furniture and Furnishings (Safety) Regulations 1988 (as amended).
() Carpets - B.S.4790 low radius of spread.
() Walls and Ceilings - Circulation areas, Building Regulations. Class O General Areas, B.S.476 Class1.
() All artificial foliage, floral decorations or any other decoration provided on the premises shall be of inherently flameproof material.
No curtain, hanging or any other decoration shall be positioned so as to obstruct any exit, sign or fire fighting equipment.
Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.
There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
All fire instruction signs shall be illuminated so that they can be easily read at all times when the public, members or guests are present on the premises.
The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.
Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.
The premises shall be provided with adequate lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.
The Prevention of Public Nuisance
Disposal of waste bottles into external receptacles must not occur between 22:00 and 08:00.
Arrangements shall be put in place to ensure that waste collection contractors do not collect refuse between 22:00 and 07:00.
No music or speech shall be relayed via external speakers other than for events with prior approval of the licensing authority.
There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby premises.
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.
There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.
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.
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).
The Protection of Children from Harm
Children under 14 are allowed in the area marked “2” on the plan, whilst waiting to be seated in the areas marked “1” and “3” on the plan (which are set apart for the service of table meals) for the purpose of having a meal in either area “1” and “3”.
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