ANNEX 1 - MANDATORY CONDITIONS
Supply of Alcohol
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.
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 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.
7. Prohibition on Sale of Alcohol below Cost of Duty plus VAT
(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 rate 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) (a) Sub-paragraph (b) below 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.
(b) 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.
Exhibition of films.
1. Admission of children to the exhibition of any film is to be restricted in accordance with the recommendations made by the specified film classification body.
2. 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.
3. 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).
Door supervision.
1. Any person(s) required to be on the premises to carry out a security activity must be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or 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
1. A digital CCTV system shall be installed to Merseyside Police specifications. Images to be of evidential quality and retained for 31 days. The cctv will cover the internal and external entrances and exits, outside smoking areas, the internal bar areas and dance floors, entrances to the internal toilet facilities and stairways. The system shall be operational at all times the premises are open for licensable activities. Recordings shall be made available on request to an authorised officer of the Licensing Authority and/or a police officer in accordance with data protection legislation. The premises licence holder will ensure that at least one member of staff will be on duty at all times who can operate, access and download cctv images. The DPS shall notify the police licensing unit of any occasion when the cctv is inoperable for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.
2. A minimum of three SIA door supervisors on duty on Saturdays and Bank Holiday Sundays from 22.00 (or such later time as the premises are open for trade) until the premises closes. On Sunday to Friday if the premises open later than midnight the premises will have a minimum of two door supervisors on duty from 22.00 (or such time as the premises open for trade) until the premises closes. All door staff shall sign on and off duty in a register, SIA badge number and the time of duty commenced and terminated. The records are to be made available for inspection upon request by the police. Door supervisors on duty will clearly display their SIA licence.
3. An incident and refusals log book to be kept and maintained and made available to Merseyside Police on request.
4. The operator to participate in Pub Watch or Best Bar None, or similar schemes where such exist.
5. A drugs policy will be agreed with Merseyside Police and implemented.
6. Good practices such as the Safer Clubbing Guide will be adopted.
7. All drinks for consumption in outside areas to be dispensed into plastic/ polycarbonate vessels after 21.00 hours.
8. The last entry time for customers will be fifteen minutes prior to the last supply of alcohol time for each evening. Persons who are using the smoking area shall not be affected by this policy.
9. No one under the age of eighteen years will be permitted on the premises after 21.00 hours.
10. The operator will use best endeavours to ensure that customers do not leave the premises with glasses or bottles.
11. The operator will participate in Night Alert scheme and liaise with Merseyside Police when applying for variations or TENs.
12. Knockback or equivalent Challenge 21 scheme in place where all staff are trained prior to serving any age restricted products.
13. Refusal system in place (till prompt or book) to be monitored by DPS and signed on a weekly basis and made available to relevant responsible authorities on request.
14. The nature of the materials used in the demarcation of the outside dining area to be agreed with Merseyside Police.
15. A dispersal policy to be adopted.
16. No bar counter to be installed in the outside drinking area.
17. Toughened glass to be used at all times at the premises where available.
18. There is to be no striptease or nudity on the premises and all persons on the premises shall be suitably attired.
c) Public Safety.
1. A fire risk assessment to be provided and all building regulations requirements to be complied with prior to commencement of trading.
d) The prevention of public nuisance.
1. Doors and windows are to be kept closed at all times when regulated entertainment takes place, except during an emergency and for access and egress.
2. No regulated entertainment to be provided in the outside area of the premises.
3. Noise limiters to be fitted and levels set in conjunction with Environmental Health and to satisfy Liverpool City Council’s requirements. The limiter to be locked in a tamper proof housing.
4. The premises shall be acoustically insulated so that sound generated does not give rise to noise levels exceeding NR30 in any nearby residential accommodation.
5. The existing double glazed curtain walling system and the existing double glazed units should be upgraded to incorporate an additional glazed pane of minimum 15mm thickness located minimum 150mm from the existing double glazed curtain walling. A material providing minimum Class C acoustic absorption should be incorporated.
6. Doors to be incorporated to separate the side bar at lower ground level and the main ground bar.
7. A glazed lobby to be incorporated between the main ground bar and the single glazed door to the north east corner of the rear façade. An acoustically absorptive ceiling of minimum Class C absorption to be installed with the lobby.
e) The protection of children from harm.
1. Persons under the age of 16 must be accompanied by an adult at all times.
2. There will be suitable training for all staff to include the protection of children from harm which will be recorded.
3. Risk assessments carried out for any events involving children to ensure the protection of children from harm.
Annex 3 - Conditions attached after a hearing by the licensing authority
Not applicable
Annex 4 - Plans
See plan drawing numbers 111.B Upper Ground & 112C First Floor deposited with the premises licence minor variation application of the 8th November 2019 and the unreferenced plan of the courtyard area submitted with the minor variation approved the 4th June 2021 and retained by Licensing and Public Protection.