Annex 1 - Mandatory Conditions
1. No supply of alcohol may be made under this Premises Licence:
a) at a time there is no designated premises supervisor in respect of the premises licence and,
b) at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended and,
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 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 18years 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 holographic mark, or
an ultraviolet feature.
4. 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.
5. 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 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) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.
6. 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.
7. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph2 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 The premises shall install and maintain a CCTV system as per Home Office guidelines. The CCTV system shall have sufficient storage capacity to store a minimum of 31 days footage and record images at 7-12 frames per second (FPS);
1.2 Cameras shall be installed and located in all entry and exit points, Alcohol display areas and counter area, this will enable the capture of images of individuals to be of a standard which allows them to be identified (as defined in the Information Commissioners Office current “CCTV code of practice”);
1.3 All elements of the CCTV system must be maintained in good working order, recordings shall be kept in date order and retained for a period of at least 31 days;
1.4 Staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer on demand in accordance with the Data Protection Act;
1.5 CCTV shall be active during licensable hours and at least one member of staff who is trained in downloading from the system must be on the premises during trading hours;
1.6 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises incident book and immediate steps will be made to rectify the problem. The premises CCTV system will be checked by the DPS or any other nominated member of staff to ensure that it is operating correctly and such checks to be recorded and by whom (Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA)).
2. Training
2.1 Staff shall, within 14 days of their commencing employment at the premises, receive training on matters including, underage sales/challenge 21 proof of age scheme and the refusal of service to persons who are intoxicated. The provision of the training will be recorded in writing;
2.2 Refresher training will be provided to all staff on a 6 monthly basis and recorded in writing;
2.3 All staff training records will be made available to the Police and/or Local Authority Licensing Officers on demand.
3. Proof of Age Scheme
3.1 The premises will adopt a "Challenge 21" proof of age scheme, providing for proof of age for sales to persons who appear to be below the age of 21. Signs shall be provided within the premises informing customers that sales shall not be made to persons under the age of 18 and that identification may be required; The only acceptable form of identification is a UK driving licence, a passport and any PASS accredited photographic card.
4. Incident/refusals Register
4.1 The premises shall keep an incident register to record all incidents of crimes reported to the premises, anti-social behaviour, injury, any incidents of disorder, faults with the CCTV system, refusals of the sale of alcohol and any visit by the police or licensing authority officer;
4.2 The register shall also include the details of any police officer who attended any incident, names and addresses of any witnesses and confirmation of whether there is any footage of the incident. The register will be made available to the Police and/or Local Authority Enforcement Officers on demand.
5. DPS
5.1 The DPS must be contactable at all times during trading hours and a register will be maintained on the premises of their contact details.
6. Litter
6.1 Covered bins shall be placed outside the premises at all times and the frontage regularly checked and cleared of any discarded litter.
7. Alcohol exclusion zone
7.1 Clear, visible signs will be placed in the store informing customers a Police Constable may require them to stop drinking and confiscate any alcohol in their possession if they consume alcohol outside the premises.
8. Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
9. The Designated Premises Supervisor shall continue to remain a member of the Local Pubwatch scheme for as long as such scheme remains in existence.
10. All windows and doors to the premises will be kept closed after 00.00 hours.
11. Children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult at all times.
12. Children shall not be allowed to enter or remain on the premises after 20.00 hours.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises between the hours of 23.00 and 07.00 shall not be audible inside habitable rooms of noise sensitive properties in the vicinity. See advisory note below. Further a log of sound checks carried out in accordance with the advisory note shall be kept on the premises.
2. There shall be no off sales of alcohol save for in sealed containers.
3. There shall be no consumption of alcohol to the exterior of the premises.
ADVISORY NOTE:
For the purpose of providing an objective standard to assess whether the condition mentioned in condition No. 1 above is being complied with or not, noise shall be considered not to be audible if:
A) the measurement of sound when music etc is on (expressed as LAeq,1 min) does not exceed the measurement of sound (expressed as LA90, 5 min) when the music is off, and
B) the measurement of sound in each 1/3rd octave band between 40HZ and 160HZ when music is on (expressed as L10, 1 min) does not exceed the measurement of sound in the same 1/3rd octave bands between 40 HZ and 160 HZ when the music is off (expressed as L90, 5 min)
All measurements to be taken within the habitable room normally occupied at the time in question, using a Type 1 integrated- averaging sound level meter compliant with BS EN 60804, with either windows open for normal ventilation or closed, whichever situation causes greater noise disturbance.
The premises licence holder is advised to carry out a simple sound check outside the nearest noise sensitive property by listening to the music etc coming form the regulated entertainment. If the music etc. is clearly audible then it is likely that condition No. 1 is being breached. Steps should be taken to reduce the volume of the noise.
Annex 4 - Plans
See attached plans.