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
a) General
• A written notice of ‘authority’ record for all staff who sell alcohol
• Adequate training for staff and records kept for inspection
• Contact details of the Designated Premises Supervisor available to staff and to the authorities
• The sale of alcohol will be primarily to complement the provision of substantial food which will be available at all times that the premises are open to the public
• Off sales of alcohol will be dependent upon the sale and supply of food and will be limited to (a) customers wishing to remove unfinished alcoholic drinks from the premises after a meal or (b) as part of a home delivery, outside catering or takeaway service. Such off sales must be removed from the premises in a sealed container.
b) Prevention of Crime and Disorder
• An effective CCTV system
• CCTV coverage shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.
• Cameras shall encompass all ingress and egress to the premises and all areas where the sale/ supply of alcohol occurs.
• Equipment shall be maintained in good working order and checked every 12 months.
• The system shall record in real time and operate whilst the premises are open for licensable activities.
• The recordings shall be kept available for a minimum period of 28 days and handed to Police or Local Authority Officer on request.
• The Recording equipment shall be kept in a secure environment under the control of the Premises Licence Holder or other responsible named individual.
• Appropriate signage representative of the above shall be displayed in conspicuous positions.
• There will be sufficient members of trained staff available to be able to download evidence with the minimum of delay at the request of the Police or Local Authority approved Officer
• Staffing levels maintained appropriately to ensure adequate security.
• Staff being trained on all security issues including how to identify and refuse service to customers that are drunk, appear to be drunk or are suspected to be dependent drinkers
• A policy of zero-tolerance to drugs at the premises
c) Public Safety
• Ensuring that the entrance, outside area and any walkways within the premises are kept free from obstruction
• Effective lighting maintained and operated to ensure the safety of the public and staff
d) Prevention of Public Nuisance
• The premises and public areas nearby are kept free from litter associated with the operation of the business
• Any noise, vibrations, smells, light pollution and any other potential nuisance is monitored and kept to an acceptable level
• Notices will be appropriately displayed asking customers to be considerate of local residents and businesses when they leave the premises
• Deliveries and waste removal are undertaken at a time and in a manner that does not cause disturbance
e) Protection of Children from Harm
• The appropriate display of notices relating to the policy within the premises.
• These notices will indicate that any customer not appearing to have reached the age of 25 will be required to produce appropriate identification proving that they have turned 18 before being served.
• Appropriate ID will be a passport, photo driving licence, PASS accredited proof of age card or other reliable photo-ID that is recommended and approved for acceptance by the police or other authorities.
• Staff shall be trained in aspects of responsible alcohol retailing and in particular the Protection of Children including the Challenge 25 policy.
• Staff training will occur before a staff member is authorised to sell alcohol within the premises.
• Staff training records will be available for inspection by the police or other responsible authority upon request.
Annex 3 - Conditions attached after a hearing by the licensing authority
Not applicable
Annex 4 - Plans
See plan drawing, 'Red Sea Liverpool,' dated 28.06.18. , deposited with the premises licence application and retained by Licensing and Public Protection.