Annex 1 - Mandatory conditions
LICENSING ACT 2003
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.
20 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).
1. (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
4. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
5. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
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
Annex 2 - Conditions consistent with the Operating Schedule
General
Staff will be fully aware of the licensing expectations to maintain a safe and respectable premises. Training and risk assessment will be given to all staff to maintain the good reputation of the club and care to maintain safety of the public. Consideration of neighbours and people leaving the premises will be ongoing. Children with a responsible adult will be given a priority of care when on the club premises.
The Prevention of Crime and Disorder
A risk assessment will be taken before any special event. Age, number of guests and any special needs will be considered. The club is a member of the Saddleworth Pub and Club Watch, regularly attending meetings and up to date with potential problems. Responsible drinking and well being of all customers are prominent in the aim of the club as a social venue.
Staff Training
The PLH or DPS will ensure all staff employed at the venue are aware of the law and their responsibilities under the licensing act, staff must undertake training in Licensing Law, such as the BIIAB Award in Responsible Alcohol Retailing or any other recognised training courses. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
Risk Assess need for SIA doorstaff
The premises will risk assess the need for SIA doorstaff to be present at the premises when functions/special occasions are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why doorstaff were either needed or not.
This will be available for inspection on the request of the Police or other responsible authority.
When required SIA registered doorstaff must be used. Doorstaff will stay on duty till the premises are closed.
All door supervisors to wear hi-visibility jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘SIA badge number’, ‘signature’. Upon request this record must be given to Greater Manchester Police and/or and authorised officer of the Council.
Plastic Polycarbonate glasses
The premises will risk assess whether plastic/polycarbonate glasses should be used when functions are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why plastic/polycarbonate glasses were either used or not.
This will be available for inspection on the request of the Police or other responsible authority.
Challenge 25
A strict challenge 25 policy will be introduced for any person entering the premises. In addition to the above regular checks will be made by staff and doorstaff when used, of customers inside the venue to check valid ID and age of customers.
Public Safety
The club committee operate a strict code of conduct for members and guests. These will include members of the public. The maintenance team at the club ensure the club building and garden area have regular checks. A fire safety expert attends, emergency lighting and emergency exits are routinely inspected.
The Prevention of Public Nuisance
The club is situated near to several residential properties. The nuisance of noise from events and people leaving the premises are high on the agenda at all times. The club is a community hub for many organisations including Saddleworth Homewatch. The committee make a risk assessment of each event and notices asking everybody to leave quietly are in force.
For premises where entertainment frequently takes place, music and associated sources (including DJ's 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 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 21.00hrs to 08.00hrs
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.
No music or speech shall be relayed via external speakers other than for events with prior approval of the licensing authority.
The (garden/patio) must not be used by customers after the hours of 23.30 Monday to Wednesday, 00.00 Thursday to Saturday and 23.00 Sunday.
The Protection of Children from Harm
Children often use the club for education, social and religious events. The committee give a vast amount of understanding and need to keep all children safe. Children must always be in the company of a responsible adult during the whole time they are on the club premises.
The committee take the welfare of all users of the club in a most responsible manner. There are many children and young people who use the club in particular the Sunday Family Church and Friezland Brass Band and trainer group. The club only allow children (under 18's) in the club with a responsible adult. The club have always, and intend in the future to sell alcohol to people aged over 18. The club already operate the Challenge 25 and propose to continue using this initiative. The Challenge 25 policy was introduced to us at the local Saddleworth and Lees Pubwatch of which we are active members. Mr David Fieldhouse the new steward at the club is a very responsible person who understands the current policies, and he is taking his personal licence now to become the responsible person at the club.