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.
21 Mandatory condition: door supervision
(1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
(2) But nothing in subsection (1) requires such a condition to be imposed -
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to -
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
(3) For the purposes of this section -
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
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(a);
(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(b).
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 a
Annex 2 - Conditions consistent with the Operating Schedule
General
All staff are aware of the need to promote the licensing objectives as a whole, with particular attention to the laws regarding the sale of alcohol. Only SIA registered door staff will be employed who will log on and off and record all incidents. Alcohol sales will cease at 04:00 and patrons will be permitted to remain on the premises until 04:30.
The prevention of crime and disorder
A zero tolerance policy to anti-social behaviour, refusal of service of alcohol to a person already drunk. A “touch & go” policy will be operated enforced by staff on the ground and first floors. Refusal to keep goods on the premises upon which duty has not been paid. All alcohol not on immediate sale will be placed in a secure storage area in the cellar.
All performers must be over 18 years of age
No person under the age of 18 shall be allowed on the premises at any time when lap dancing or similar entertainment is taking place.
All entrances, exits and toilets shall be continually monitored during licensing hours or when entertainment of an adult nature is taking place.
A room shall be set aside to provide a changing and rest area for entertainers to which patrons are not to be admitted.
Striptease entertainment shall only be provided by the authorised performers and no audience participation shall be permitted.
Scantily clad persons shall not be exhibited in the entrance or surrounding area of the entrance.
Any person who can be seen from outside the premises must be fully clothed and decently dressed.
Performers shall not touch customers in any way
Performers shall not approach closer than 12 inches from any part of a customer.
An experienced DPS, shall be employed, who has sound knowledge of this type of venue and is on site between 2100 hours and 30 minutes after close of business.
A tamper proof CCTV system shall be installed in the premise to the reasonable satisfaction of the Crime Reduction Officer GMP
A written record shall be kept every time images are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. This record shall identify the person responsible for the recording and shall be signed by him/her.
The images recorded by the CCTV system shall be retained in unedited form for a period of no less than 28 days.
A minimum of 1 SIA trained door supervisor must be present at the premises at all times the premises are open to the public.
A written record shall be kept on the premises of all staff employed, including dancers. That record shall be available for inspection by a authorised officer of the council, the SIA or a police constable and shall contain the following details: Name, date of birth and home address, in the case of door staff his/her SIA number and in all cases the time he/she starts and finishes.
No person in possession of drink in a sealed or unsealed container shall be allowed to enter or leave the premises except for the purpose of delivery
Public Safety
Ensuring all fire exits are kept clear, unlocked and unobstructed at all times when the public are admitted and that all fire fighting equipment is regularly checked and found to be in good order. Adequate first aid equipment to be on site and available for immediate use. The ground floor of the premises is accessible to disabled persons and had a dedicated disabled WC.
The prevention of public nuisance
All reasonable steps will be taken to avoid any interference with the amenity of local residents.
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.
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).
Disposal of waste bottles into external receptacles must not occur between 20:00 and 08:00.
Staff must be given adequate instruction to prevent them causing unnecessary noise when they leave the premises and prominent, clear notices displayed at all points where staff leave the building must instruct them to respect the needs of local residents and leave the premises and the area quietly.
Speakers shall be located and fixed within the premises in a manner so as to minimise disturbance arising from structure borne vibration.
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.
The protection of children from harm
The challenge 21 system will be adopted. A refusals book will be maintained. There will be an absolute prohibition on persons under 18 years entering the premises.