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
1. All staff shall be fully trained to perform their role. They shall also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions. Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority and/or Police Officer. The records will be retained for at least 12 months.
2. An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority and/or Police Officer. The records will be retained for at least 12 months.
3. SIA registered door supervisors will be employed at the premises in accordance with a risk assessment to be carried out by the DPS, and cognisance will be taken of any police advice.
As a minimum when the venue is open after 0000 (midnight) hours a minimum of two SIA door supervisors will be employed from 2200 hours until the venue is closed.
When employed all door supervisors shall wear distinctive clothing or insignia to clearly identify themselves as door supervisors, and clearly display their SIA licence in a high visibility armband at all times. The DPS shall keep written records of the full details of any agency through which the door supervisors have been allocated to work at the premises.
A written record shall be kept on the premises by the DPS of every person employed on the premises as a Door Supervisor in a register kept for that purpose. That record shall contain the following details:
(I) the Door Supervisor’s name, date of birth and home address
(ii) his/her Security Industry Authority licence number
(iii) the time and date he/she starts and finishes duty
(iv) the times of any breaks taken whilst on duty
(v) each entry shall be signed by the door supervisor
(vi) that register shall be available for inspection on request by a police officer of constable rank or above.
(vii) all daily entries to be countersigned by the DPS or their nominated deputy
(viii) any incident involving door supervisors will be recorded in the door supervisor register.
In addition the DPS will risk assess the requirement for door staff for the terrace and pavement area and employ door supervisors in such a number and at such times as deemed necessary by such risk assessment.
4. When employed, all door supervisors shall be trained in regard of access and egress from the premises, the identification and recognition of drunks, and the correct procedures to be followed when refusing entry. The Premises Licence holder and / or Designated Premises Supervisor shall ensure door supervisors are properly briefed, trained and supervised to manage queues which may form to gain entry to the premises, in a safe and efficient manner.
5. The Premises Licence Holder and/or Designated Premises Supervisor shall not allow any drinking vessel, glass or bottle to be taken from the premises save for the consumption in any delineated external area as shown on the plan attached to the Premises licence. The DPS / PLH and or management will risk assess the requirement for the use of plastic / polycarbonate drinking vessels to replace that of glass vessels within specific areas of the venue.
6. Open containers of alcohol shall not be permitted to be taken beyond the boundary of the outside area.
7. The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV provided at the premises.
8. CCTV shall be installed at the Premises in the form of a recordable system, capable of providing clear, good quality images in all lighting conditions. Cameras shall encompass all entrances and exits to the premises, any external seating or smoking areas, all areas where the sale, supply or consumption of alcohol occurs and all other areas where licensable activity takes place. Equipment shall be maintained in good working order and checked on a regular basis to ensure it displays the correct time and date. The system shall record in real time and operate whilst the premises are open to the public. The recordings shall be retained for a period of 31 days and made available to any authorised officer on reasonable request for evidential purposes, in accordance with Data Protection Legislation. The Recording equipment shall be kept in a secure environment under the control of the Premises Licence Holder or other responsible named individual. There shall be sufficient members of trained staff available to be able to download or view CCTV evidence with the minimum of delay at the reasonable request of an authorised officer.
Plans indicating the position of CCTV cameras to be submitted to the Police prior to the premises opening.
9. The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.
10. The pavement area used by customers shall be clearly delineated and covered by CCTV system which will be installed at the premises.
11. The pavement area and terrace shall be monitored by staff and door supervisors ( when employed) and our staff will pay attention to the impact that the use of the outside areas have on the surrounding community.
12. Staff/ door supervisors ( when employed) will remove all bottles and drinking receptacles from customers before leaving the premises.
13. Staff will not permit customers to drink standing up on the pavement area and this restriction will be clearly signed in this area and the accesses thereto.
14. Staff will discourage customers from assembling outside the premises when the premises close.
15. A zero tolerance drugs policy will be adopted by the premises.
16. The Premises Licence Holder or nominated person shall provide a written drugs policy detailing the actions to be undertaken to minimize the opportunity to use or supply illegal substances within the premises. The Premises Licence Holder or nominated person shall ensure that records are maintained detailing the time and date of substance misuse training, the people who received the training, and the name of the person delivering the training.
17. The Premises Licence Holder or nominated person shall ensure that security arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. Signage shall also be placed in the toilet areas advising customers that checks are conducted regularly.
18. There shall be no admissions or re-admission to the premises after 02:30.
19. The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of customers, in particular to make as little noise as possible when leaving the premises. Customers will be asked not to stand around talking in the street outside the premises; and asked to leave the vicinity quickly and quietly.
20. Noise from amplified music or voices shall be not such as to cause a noise nuisance to occupants of nearby premises. After 11pm, music played in the external seating areas shall not be audible when assessed from a position across the road from the premises (on the other side of Victoria Street).
21. The pavement area will be cleaned regularly.
22. The DPS or nominated person shall control the sound levels of the music/entertainment and advise customers of the need to respect local residents where appropriate. Any customers continuing to cause any disturbance or disorder will be asked to leave the premises.
23. The terrace and pavement shall only be open to customers until 23: 30. Notices shall be displayed in appropriate locations to ensure that this information is brought to the attention of customers.
24. The Premises Licence Holder or nominated person shall be available at all times during regulated entertainment and who is responsible for cooperating and liaising with any relevant responsible authority.
25. All doors and windows shall be maintained in good order.
26. A designated, de-lineated and bordered smoking area will be allocated outside the premises.
27. Knockback or equivalent Challenge 21 scheme to be in place. All staff to be trained prior to serving any age restricted products and repeated at 6 monthly intervals. Training records to be kept for inspection by an authorised officer of the local authority. Refusals system in place (till prompt or book) to be monitored by the DPS and to be made available to an authorised officer of the local authority on request.
28. Unaccompanied children (under 18) will not be allowed upon the premises. All Children under 18 must leave the premises no later than 9.00pm
29. Notices advising what forms of ID are acceptable will be displayed.
30. Notices indicating a Challenge 21 is in force will be displayed.
Annex 3 - Conditions attached after a hearing by the licensing authority
Not applicable
Annex 4 - Plans
See plan drawing number 2022-08-PL05 dated Apr 2022, deposited with the premises licence minor variation application of the 3rd October 2022 and retained by Licensing and Public Protection.