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.
8. (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-
games or other activities which require or encourage, or are designed to require or encourage, individuals to-
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
drink as much alcohol as possible (whether within a time limit or otherwise);
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;
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;
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;
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).
9.The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
10.The responsible person must ensure that-
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-
beer or cider: ½ pint;
gin, rum, vodka or whisky: 25 ml or 35 ml; and
still wine in a glass: 125 ml;
these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
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.
Annex 2 - Operating Schedule Conditions
1. The premises will operate only as a restaurant and/or café with all sales of alcohol.
2. Off sales will only be made to customers who are present in the restaurant and have in the same day consumed a table meal.
3. Covers
3.1 There will be a minimum number of 24 covers maintained within the restaurant at all times.
4. CCTV
4.1 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);
4.2 Cameras shall be installed and located in all entry and exit points, bar serving areas, circulation areas and toilet access points, 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”);
4.3 All elements of the CCTV system must be maintained in good working order, recording shall be kept in date order and retained for a period of at least 31 days;
4.4 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 and local authority officers on demand;
4.5 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;
4.6 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).)
5. Training
5.1 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;
5.2 Refresher training will be provided to all staff on a 6 monthly basis and recorded in writing;
5.3 All staff training records will be made available to the Police and/or Local Authority Licensing Officers on demand.
6. Proof of Age Scheme
6.1 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.
7. Incident Register
7.1 The premises shall keep an incident register to record all incidents of crimes reported to the premises, anti-social behaviour, injury, ejections from the premises, any incidents of disorder, seizures of drugs, offensive weapons, faults with the CCTV system, refusals of the sale of alcohol and any visit by the police or licensing authority officer;
7.2 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.
8. Designated Premises Supervisor
8.1 The DPS and or a personal licence holder must be contactable at all times during trading hours and a register will be maintained on the premises of their contact details.
9. Open Bottles and Vessels
9.1 No open bottles or vessels shall be permitted entry to the premises at any time during trading hours;
9.2 No customers shall be permitted to take open bottles or vessels from the premises at any time during trading except when consumed in the outside seating area.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None applicable)
Annex 4 - Plans
See attached plans.