MANDATORY CONDITION: WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL
1) No supply of alcohol may be made under the premises licence:-
() at a time where there is no designated premises supervisor in respect of the premises licence, or
() at a time when the designated premises supervisor does not hold a personal licence or his/her 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 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.
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.
Minimum Drinks Pricing
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 + (DxV)
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) “value 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 the 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.
ANNEXE 2
CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The Prevention of Crime and Disorder
1. The premises will be covered by a CCTV system that is of evidential standard. All recordings will be kept for a period of 14 days. The police will have access to recordings at any time and downloaded footage shall be provided within 7 days of any request.
2. There shall be regular collection of ashtrays and glassware from all public areas.
3. There shall be lighting in the car park and poolside area.
4. There shall be a 30 minute 'wind down' period to allow sensible drinking.
5. There shall be no "all in one drinks" promotions, e.g. free bars period or all you can drink for £20.00.
6. Bar opening times shall be shown.
Public Safety
1. There must be an annual electrical certificate from a qualified NIC/EIC engineer.
2. There must be an annual gas boiler by a Corgi Engineer.
3. Emergency lighting must be regularly checked.
4. There must be an annual fire extinguisher check, refilled when necessary.
5. Fire exits must be clear at all times.
6. Access must be kept clear for fire escape and emergency vehicles.
7. The premises shall be maintained in good order.
8. Fire equipment must be maintained.
The Prevention of Public Nuisance
1. There must be regular litter collections.
2. There must be no collections before 07.00.
3. Bottle bin shall be emptied in the daytime.
4. All rubbish shall be kept in a designated area with a tight fitting lid.
5. Noise from the premises shall not be audible within any dwellings with windows open for normal ventilation especially after 11pm. This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises. The criteria that shall be applied are:-
(I) Before 11pm - noise emanating from the premises shall not be clearly distinguishable above other noise.
(II) After 11pm - Noise emanating from the premises shall not be distinguishable above the background levels of noise.
(III) The local authority shall reserve the right in cases of tonal noise and where premises are attached to others, to make further assesments from within the presidential property.
6. Doors and windows must be kept shut during entertainment to reduce noise breakout. A management scheme will be in place to ensure this situation remains.
7. For all events or occasions where non-guests will be in attendance an announcement shall be made on the public address system prior to closing reminding patrons to leave in a quiet respectful manner.
8. Noise from licensable entertainment shall not be distinguishable from the ambient noise on the street 10 meters or more from the premises. This shall be assessed from the street. However, should a complaint from a resident in the area be made, steps shall be taken to ensure that noise breakout is reduced to a level agreed with the local authority and the residents.
The Protection of Children From Harm
2. Children must be off the premises by 22.00 unless resident guest with responsible adult or attending a function, and must be accompanied by an adult at all times.
ANNEXE 3
CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
ANNEXE 4
PLANS
Copy attached to Licence.