ANNEX 1 - MANDATORY CONDITIONS
Condition 1
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.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Condition 2
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.
In this paragraph, an irresponsible promotion means 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 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.
Condition 3
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).
Condition 4
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
Condition 5
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.
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.
Condition 6
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.
Condition 7
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 x 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) ‘valued 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 this 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.
Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of the children must be restricted in accordance with any recommendation made by that body.
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 the children must be restricted in accordance with any recommendation made by that licensing authority.
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).
All individual(s) at the premises for the purpose of carrying out a security activity must:
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Prevention of Crime and Disorder
CCTV:
1 CCTV will be installed, maintained and operated as per DVD and Operational Requirement Analysis document recommendations of the Chief Officer of Police and Local Authority.
2 The digital recording system must have the facility to be password protected.
3 The CCTV system should be capable of recording and retaining 10 days of images to a standard that can be produced as evidence for possible prosecution purposes.
4 The digital recording system must have a download facility to provide evidence of incidents.
5 At entrance and exit doorways Identification cameras will be installed with appropriate lighting.
6 Bar area/dance floor/corridors Recognition cameras will be installed with appropriate lighting.
7 The appropriate CCTV signage will be displayed on and off premises.
8 All persons required to operate the system must be given suitable training to enable to do so effectively.
9 The CCTV system must be registered with the Data Protection Information Commissioner.
a) If the CCTV is inoperative, the chief of police and local licensing authority will be informed as soon as reasonably possible and immediate steps will be taken to put the equipment back into operation.
b) All reasonable steps shall be taken to prevent opened bottles/containers (containing alcohol) from being taken off the premises.
c) All reasonable steps shall be taken to prevent open bottles/containers (containing alcohol) from being brought onto the premises.
d) There shall be no irresponsible drinks promotions.
e) Events will be risk assessed by management and security guards will be employed where necessary.
f) When door staff are required, the registered door supervisors will be in radio contact with each other at all times.
g) An incident book will be kept and all incidents (re: crime & disorder) will be recorded.
h) When door staff are required a duty door supervisor rota/log book will be kept and maintained.
i) The premises will be a member of pubwatch and a representative will attend pubwatch meetings and the premises will adopt and promote the alcohol crime and drug reduction schemes as recommended by the police and pubwatch.
Public Safety
a) Regular glass and bottle collections will be undertaken throughout the hours of operation.
Prevention of Public Nuisance
a) All amplified music played at the premises be played through a noise-limiting device installed at the premises and set at a level agreed with an officer of the district council's noise team.
b) The noise limiting device shall be properly secured so that it cannot be tampered with.
c) The noise limiting device shall only be reset to a level approved by an authorised officer of the district council - such approval to be given within 14 days of notification by the premises licence holder or his nominated agent of resetting being needed.
d) To prevent regulated entertainment being intrusive, noise from regulated entertainment emanating from the premises shall not be clearly audible 1 metre from the façade of the nearest residential property.
e) Whenever live and/ or recorded music (save for incidental recorded music) is played from those parts of the premises licensed for those activities all windows and doors in those parts of the premises shall be kept closed (except in case of an emergency and for access/egress).
f) The licence holder shall maintain a log of complaints for the premises received by him from local residents together with a log of action (if any) undertaken by the licence holder. This log shall be, upon request, made available for inspection by the chief of police and/or local licensing authority.
g) Clear and legible notices shall be strategically and prominently placed within the premises requesting customers to respect the needs of local residents and to leave the premises quietly.
h) The placing of all non food waste/refuse shall be disposed at such times of the day when minimal disturbance would be caused to local residents.
i) Save for access to and egress from the premises the use of gardens, patios and external play areas will not commence before the 09.00 hours and will cease at 23.00 hours.
j) No music or speech will be relayed by external speakers without the consent of the licensing authority.
Protection of Children from Harm
a) Evidence of age shall be requested from any person appearing to those selling alcohol to be under the age of 18 and who is attempting to purchase alcohol.
ANNEX 3 - CONDITIONS ATTACHED AFTER HEARINGS
Conditions above agreed by appeal to Magistrates Court on 17th march 2008.
Licensing Sub Committee A met on 4 December 2009 to determine an application to vary the licence and granted the hours now shown. The New Year’s Eve deregulation was also granted and the installation and use of a noise limiter was required.
ANNEX 4 - PLAN OF PREMISES
See attached plan.