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
No use of the rear outside area after 20.00hours except for an area set aside for smoking, this area to be agreed with RA’s and detailed an the submitted plan.
A member’s only area in the outside area to be cordoned off and show on the plan, this area
No Live or recorded music to be played in the outside area at any time
All windows and door to remain closed at all times except of ingress and egress when the premises is open to the public
There will be no external speakers allowed, this will include any attached to the fabric of the premises
b) Prevention of Crime and Disorder
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.
Door supervisors
3. When employed, door supervisors shall be on duty at the premises on each trading day All door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors. Door supervisors on duty at the front door shall wear 'high visibility' clothing (such as a jacket or waistcoat).
4. When employed, all door supervisors shall be trained in regards of access and egress from the premises, the identification & 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. When door supervisors are engaged in searching persons, the Premises Licence Holder and/or Designated Premises Supervisor shall ensure that door supervisors of both sexes on duty and that they shall be fully trained in the use of their powers to do so. Door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises.
5. Where applicable, all door supervisors shall be capable of communicating instantly with one another by way of radio or other simultaneous system of communication.
6. The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:
a. Full name,
b. SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),
c. The time they began their duty
d. The time they completed their duty.
e. The full details of any agency through which they have been allocated to work at the premises if appropriate
7. The register shall be available at all reasonable times to an authorised officer of the Licensing Authority or Merseyside Police. This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer or Merseyside Police to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.
8. The Premises Licence Holder and/or Designated Premises Supervisor shall not allow any drinking vessel, glass or bottle to be taken from the premises.
9. There shall be no admissions or re-admission to the premises after 22.00 hours.
CCTV
10. 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.
11. 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.
12. If the CCTV equipment (Including any mobile units in use at the premises) breaks down the Premises Licence Holder shall ensure the Designated Premises Supervisor, or in his/her absence other responsible person, verbally informs the Licensing Authority as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and shall include the time, date and means this was done and to whom the information was reported. Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay. The Licensing Authority shall be informed when faults are rectified.
Glassware and Bottles
13. 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.
c) Public Safety
d) Prevention of Public Nuisance
Noise Precautions Management and Monitoring Controls
1. The Premises Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment. This person will also be responsible for instructing performers on the restrictions and controls to be applied.
2. No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises, or in any lobby area that will project loud music externally.
3. The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises. Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.
4. 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.
5. All doors and windows shall be kept shut during regulated entertainment between the hours of 22.00 and 23.00.
6. All doors and windows shall be maintained in good order and where appropriate acoustically sealed to minimize noise breakout.
7. Staff shall check prior to the commencement of regulated entertainment, and periodically during regulated entertainment that all windows and doors are shut.
8. The Premises Licence Holder or nominated person shall ensure that self-closing doors are not wedged open during regulated entertainment.
9. All internal speakers shall be attached to independent wall linings and not to the ceiling. All speakers shall be mounted on speaker brackets that incorporate isolating rubber mounts.
10. The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment.
Noise Limiting Devices
11. If the Local Authority receives noise complaints about the premises which are substantiated, then a noise limiting device shall be fitted to all amplification equipment within the premises. All live and recorded music shall be channelled through the device(s), and the noise limiting device shall be set to a suitable level, in conjunction with the Environmental Health Service, in order to prevent a statutory noise nuisance from occurring. The noise limiting device must be fully functional and in proper working order at all times during performances of live and recorded music. The Premises Licence Holder or nominated person shall ensure that the noise limiting device is sealed after commissioning, so that sound operators cannot override the system during the performance of live and recorded music. If deemed necessary, the noise limiting device shall be reset to a level approved by the Local Authority through an authorised officer of the Environmental Health Service
Delivery/Collection/Storage
42. The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 09.00 hours or after 23.00 hours when the noise generated could cause a nuisance particularly outside the buildings.
Litter
43. All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid. The ‘collection and removal of litter’ shall be taken to include the satisfactory disposal of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.
e) Protection of Children from Harm
1. Knockback or equivalent Challenge 21 scheme to be in place. All staff to be trained prior to serving any age restricted products. 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.
2. Unaccompanied children (under 18) will not be allowed upon the premises.
3. Accompanied children (under 18) will only be allowed to remain on the premises between the hours of 09.00hrs and 21.00 hrs
Annex 3 - Conditions attached after a hearing by the licensing authority
Save for use for smoking in designated area the outside area does not from part of license.
The License is to be restricted to the use of inside function rooms only.
(1) the sale of alcohol by retail is only permitted to guests at pre-arranged functions
(2) conditions consistent with the operating schedule
(3) the remaining conditions agreed with Merseyside Police/the Licensing Authority which include no external live or recorded music, closure of windows/doors/ and further measures in the event of substantiated noise complaints such as the fitting of secondary doors
(4)
(5) prior written notice of any intended use of the licence to be given to the Police/Licensing Authority, local Councillor and any nominated representative from the management committee of Water Gardens
Annex 4 - Plans
See plan drawing number 20/61/01 and dated Jul 20 , deposited with the premises licence application and retained by Licensing and Public Protection.