Annex 1 - Mandatory Conditions
Condition 1
Every supply of alcohol under the premises licence must be made or authorised by the management committee of Moorhayes Community Association.
Condition 2
(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).
Condition 3
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Condition 4
(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.
Condition 5
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.”
Condition 6
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.
(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.
Condition 7
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).
Condition 8
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
Condition 9
The premises will operate a ‘Challenge 21’ scheme. This means that staff working at the premises must ask individuals who appear to be under 21 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be:
An identification card carrying the PASS holographic logo
A photo driving license
A passport
Unless such identification is produced the sale of alcohol must be refused.
Condition 10
The Premises must maintain a refusal register for the sale of alcohol. This must include details of all alcohol sales refused and the reason for refusal. The refusals register must be kept on the premises and be made available for inspection to an authorised officer on request.
Condition 11
An incident book must be maintained which records any activity of a violent, criminal or anti-social nature. The record must contain the time and date of the incident, the nature of the incident, the people involved (if possible), and details of the action taken.
The incident book shall be available for inspection at all reasonable times by an authorised officer of a Responsible Authority, as defined by the Licensing Act 2003. The records must be retained on the premises for at least 12 months from the date of the incident.
Condition 12
No customers will be permitted to take open containers of alcoholic or soft drinks from the licensed area.
Condition 13
A detailed 'customer code of conduct' poster will be displayed warning customers that if they act in an inappropriate manner, they could be barred from all licensed premises in the vicinity.
Condition 14
All doors and windows must be kept shut, other than for access and egress, during regulated entertainment.
Condition 15
The requirement for SIA registered door staff at any function involving licensable activities shall be risk assessed by the Committee and the promoter of the event.
Condition 16
The premises licence holder must ensure that:
a) CCTV cameras are located within the premises to cover all public areas including all entrances and exits (these locations are marked on the attached plan - see Annex 4)
b) The system records clear images permitting the identification of individuals, with cameras at entrances and exits capturing images of face and torso.
c) The CCTV system is able to capture a minimum of 8 frames per second and all recorded footage must be securely retained for a minimum of 28 days.
d) The CCTV system operates at all times while the premises are open for licensable activities. All equipment must have a constant and accurate time and date generation.
e) The CCTV system is fitted with security functions to prevent recordings being tampered with, i.e. password protected.
f) There are members of trained staff at the premises during operating hours able to provide viewable copies on request to police or authorised local authority officers as soon as is reasonably practicable in accordance with the Data Protection Act 1998.
Condition 17
The attached plans (see Annex 4) show the building (highlighted in red) and the outside area (highlighed in blue). Events involving licensable activities taking place outside the building itself must be held within the blue area and can only take place on weekends and public holidays. There must be no more than 6 events involving licensable activites held in the outside area per calendar year.
Condition 18
Any outside event involving licensable activities shall be subject to the Committee/promoter of the event providing the Police and Licensing Authority with 21 days notice of such event, providing details of numbers attending, timings, activities and measures to uphold the licensing objectives.
Condition 19
The following start and finish times apply for any events held in the outside area:
Live music: 08:00 - 00:00 (midnight)
Recorded music: 08:00 - 00:00 (midnight)
Performance of dance: 08:00 - 00:00 (midnight)
Anything similar to live music / recorded music / dance: 08:00 - 00:00 (midnight)
Condition 20
No person under the age of 18 will be permitted to enter or remain on the premises when any “specified activity” is taking place. Specified activities are:
• Any live performance; or
• Any live display of nudity;
• Which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
Display of nudity means:
• In the case of a women, exposure of her nipples, pubic area, genitals or anus; and
• In the case of a man, exposure of his public area, genitals or anus,
• NB - The audience can consist of one person.
When any specified activity (as defined above) is taking place, all windows and doors of the premises which would allow those outside to see inside where the activity is to take place, must be blocked out.
Condition 21
Any restrictions to the admission of children on the premises must be displayed in a prominent position outside the premises in a manner which it is conspicuous and legible.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
ANNEX 4 - PLAN OF PREMISES
See the attached plans marked as:
Annex 4 - Plan of Premises - 5 February 2016 - A
Annex 4 - Plan of Premises - 5 February 2016 - B
Annex 4 - Plan of Premises - 5 February 2016 - C
Annex 4 - Plan of Premises - 5 February 2016 - D
Annex 4 - Plan of Premises - 5 February 2016 - E
Annex 4 - Plan of CCTV - 5 February 2016 - F