ANNEXE 1
MANDATORY CONDITION: WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL
1) No supply of alcohol may be made under the premises licence:-
() at a time where there is no designated premises supervisor in respect of the premises licence, or
() at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.
2) Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3) (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).
4) The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5) (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.
6) 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.
Minimum Drinks Pricing
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 + (DxV)
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.
3) Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4) (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
ANNEXE 2
CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
General
1. There shall be 30 minute "drinking up" time which will allow appropriate dispersal, use of lavatories etc.
2. The licensee shall move the fire appliances, AWP machines, cigarette machines and any other similiar objects temporarily in a fixed location which may impact on the ability of individuals on the premises to use exits or escape routes withiout impediment.
The Prevention of Crime and Disorder
1. The licensees shall be members of Pub Watch.
2. The licensees and staff shall monitor customers behaviour especially during busy periods.
Public Safety
1. All fire fighting equipment shall be serviced annually.
2. There must be an accident/incident book on site for staff and public.
The Prevention of Public Nuisance
1. The premises shall not have any aggressive drinks promotions (i.e. 2-4-1, heavy discounting, happy hours).
The Protection of Children From Harm
1. Unaccompanied children must not be permitted on the premises at any time.
Restrictions transferred from the On Licence
The restrictions related to permitted hours do not prohibit:
(a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
(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 purpose 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 alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.
Credit Sales
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.
ANNEXE 3
CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
The Prevention of Public Nuisance
1. Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed. Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 11pm. The criteria applied, from boundary to nearest residential property are;
(i) Before 11pm - Noise emanating from the premises shall not be clearly distinguishable above other noise.
(ii) After 11pm - Noise emanating from the premises will not be distinguishable above background levels of noise.
(iii) The Local Authority will reserve the right in cases of tonal noise and where premises are attached to others (i.e. semi's and terraced properties) to make further assessments from within the residential property.
2. The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.
3. Amplified live music until 23.30 hrs, shall be limited to not more than three evenings a week.
4. Recorded music shall be until 00.00 hrs, after which time for the last 30 minutes shall be reduced to background level.
5. Doors and windows must be kept shut during entertainment to reduce noise breakout. A management scheme will be in place to ensure this situation remains.
6. During amplified music and entertainment the door lobby shall be effectively used throughout the time of entertainment to prevent noise breakout.
The Protection of Children From Harm
1. All cigarette vending machines must be sited to ensure they are under direct supervision of the staff at all times.
2. A management system shall be introduced to ensure that staff are aware of the legal requirements relating to underage sales and in particular the prevention of sales from cigarette vending machines to children under sixteen.
3. No alcohol must be sold to any person under the age of 18. Age identification shall be sought from any person appearing to be under the age of 18 years.
4. Staff shall receive training on matters related to the sale of alcohol.
ANNEXE 4
PLANS
Copy attached to Licence.