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
The Prevention of Crime and Disorder
1. As far as is practical, persons on or leaving the premises and using adjacent car parks and highways, shall be reminded to conduct themselves in an orderly manner and not in any way to cause annoyance to residents or persons passing by.
2. Bar staff shall be suitably trained to prevent the sale of alcohol to under 18s.
3. Regular glass and bottle collection shall be undertaken throughout the premises.
Public Safety
1. Adequate access shall be provided for emergency vehicles.
2. Suitable and sufficient lighting shall be provided to the toilets.
3. Exit routes shall be maintained free from obstruction at all times, and in particular, no provision for handing clothing or storing any articles shall be made in corridors, passageways, gangways or exit ways.
4. All doors and fastenings shall at all times be kept in proper working order. Gangways, exit routes and steps shall be maintained in good order.
5. An inspection of the whole of the electrical installation in the premises shall be conducted at least once in each three year period. Such inspection shall be carried out by a competent electrician who will be required to issue a certificate of fitness, which shall be provided to an authorised officer on demand.
6. The gas system, including appliances, shall be inspected and tested by a CORGI registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained. Only CORGI registered contractors can work on gas appliances.
7. In the event of failure of the general lighting, the public shall be required to leave the premises forthwith.
8. All lighting to exit notices shall be maintained in good repair and shall not, in any circumstances, be extinguished or dimmed while the public are on the premises.
9. Immediately a fire is discovered or suspected, the Fire Brigade shall be called by dialing 999. Any outbreak of fire, however small, shall be recorded in a log book.
The Prevention of Public Nuisance
1. Noise or vibrations 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 23.00 hours. The criteria applied from boundary to nearest residential property are:-
(a) Before 23.00 noise emanating from the premises shall not be clearly distinguishable above other noise.
(b) After 23.00 noise emanating from the premises shall not be clearly distinguishable above background levels of noise.
(c) The local authority shall reserve the right in cases of tonal noise and where premises are attached to others to make further assessments from within the residential property.
2. To allow live and amplified music indoors and to reduce noise breakout, doors and windows facing onto any noise sensitive premises (e.g. dwelling) shall be kept shut during entertainment.
3. The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the management.
4. The placing of refuse, such as bottles into receptacles outside the premises shall take place at times that shall prevent disturbance to nearby properties.
5. The movement of bins and rubbish outside the premises shall be kept to a minimum after 23.00 hours. This will help to reduce the levels of noise produced by the premises.
6. The premises shall remain open for at least half an hour after alcohol is served during which time patrons shall be dispersed gradually.
The Protection of Children From Harm
1. To prevent the sale of alcohol to persons under the age of eighteen years:- Suitable written proof of age from young people attempting to purchase alcohol must be obtained, in accordance with documents specified by Torbay Council's "Statement of Licensing Policy".
2. Bar staff shall be suitably trained to prevent the sale of alcohol to under 18s.
ANNEXE 3
CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None
ANNEXE 4
PLANS
Copy attached to Licence.