MANDATORY CONDITIONS APPLICABLE TO ALL PREMISES LICENCES & CLUB PREMISES CERTIFICATES UNDER THE LICENSING ACT 2003
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.
Exhibition of Films
3. Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
4. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
5. 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.
6. 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
7. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, that licence must include a condition that each such individual must:
(a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001;
(b) Be entitled to carry out activity by virtue of section 4 of the Act.
8. But nothing in subsection (1) requires such a condition to be imposed:
(a) In respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films); or
(b) In respect of premises in relation to:
(i) Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) Any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
9. For the purposes of this section:
(a) “Security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act.
(b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Age Verification
10. 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.
11. 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.
12. 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.
Permitted Price
13. 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.
14. For the purpose of this condition set out in paragraph 1:
(a) ''duty'' is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);
(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) ''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(7).
15. 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.
16. (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.
Irresponsible Drink Promotions (applicable to ‘on’ & ‘off’ sales)
17. 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.
18. 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).
19. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Alcoholic Drink Measures
20. 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.”
Conditions consistent with the Applicant’s Operating Schedule in consultation with Environmental Health
General
Belvoir Engine Yard and the DPS will promote responsible consumption of alcohol through the clear responsible policy, signage and ongoing training for all staff in the four objectives and their implementation.
This training will be refreshed every 12 months and a record of all training will be maintained and kept at the premises and made available upon a request being made by the responsible authorities.
The prevention of crime and disorder
1. The applicants risk assessment indicates that there is minimal risk of crime and disorder from the proposed events to be hosted on the premises
2. When the premises are used to host events operated by third parties, the applicant will request and review the operators risk assessment to ensure public safety
3. Marshalls will supervise all events
4. All staff will be trained in dealing with disorder
5. The applicants risk assessment indicates that there is minimal risk of crime and disorder from the proposed events to be hosted on the premises
6. CCTV recordings will be kept for a minimum of 28 days and accessible to the Police and Responsible Authorities within 24 hours of request being made.
7. A member of staff who is trained to use the CCTV system will be present at all times whilst the premises are open to the public.
8. An incident and refusal log will be kept on the premises and updated accordingly. This will be made available on request being made to the appropriate authorities.
Public Safety
1. The site will be well maintained to ensure the safety of visitors
2. All staff will be trained on public safety
3. When the premise is used to host events operated by third parts the applicant will request and review the operators risk assessment to ensure public safety.
4. Marshalls will be on duty to supervise event activities
5. If an event is likely to attract significant volumes of traffic, consultation will take place with the local Police, Highway Authority and Parish Council to ensure that an agreed traffic plan is put in place to minimise the disruption that may be caused by increased traffic movement
6. A risk assessment or event management plan will be submitted to The Police for any event attracting over 1000 people no later than 21 days prior to the event.
7. A standard event notification form will be completed for dissemination by the Leicestershire Safety Action Group when 500 or more people are expected to attend.
8. An event specific management plan will be sent to Leicestershire Safety Action Group for any event attracting over 1000 people for consultation of at least 8 weeks prior to the event
9. A maximum capacity of 3000 people will be permitted on the premises at any one time.
10. The licence older will inform the Police of all events that are taking place at the premises
11. SIA registered door staff will be considered based on an internal risk assessment and if deemed necessary by the licence holder. The ratio should be 1 x SIA staff to every 100 customers
12. There will be a qualified personal licence holder on the premises whilst it is open to the public.
The prevention of public nuisance
1. Whenever events are hosted at the premises, noise level from amplified music will be constantly monitored by staff overseeing the event
2. All deliveries to the premises will be carried out within reasonable hours and no later than 20:00 hours
3. The premises will ensure that there are adequate waste containers and staff will carry out regular litter sweeps of the area during opening hours.
4. The premises licence holder (or nominated person) shall ensure that music and speech from regulated entertainment from the licensed premises does not cause a nuisance to noise sensitive properties. In determining what amounts to a noise nuisance, the premises licence holder and the regulator will have regards to the following guidance documents:
Institute of Acoustic - good practice guide on the control of noise from pubs and clubs(2003)
The noise council - Code of practice on Environmental Noise from Concerts (1995)
The Protection of children from harm
1. Access to the premises when events are taking places will be by ticket only
2. All children are required to be accompanied by a responsible adult
3. A challenge 25 policy will be in place with all staff trained on the policy. Only appropriate forms of Pass identification will be accepted. After 18:00 no children under the age of 16 will be permitted on the premises unless they are companied by an appropriate adult.
4. An incident and refusal log will be kept on the premises and updated accordingly. This will be made available on a request being made to the appropriate authorities.