MANDATORY CONDITIONS APPLICABLE TO ALL PREMISES LICENCES & CLUB PREMISES CERTIFICATES UNDER THE LICENSING ACT 2003
Supply of Alcohol (by virtue of section 25A/41D(3))
1. Every supply of alcohol under the premises licence must be made or authorised by the management committee.
Exhibition of Films
2. 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.
3. 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.
4. 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.
5. 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
6. 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.
7. 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).
8. 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
9. 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.
10. 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.
11. 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
12. 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.
13. 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).
14. 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.
15. (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)
16. 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.
17. 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).
18. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Alcoholic Drink Measures
19. 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 in regards the disapplication of requirement to have a DPS as prescribed in the Victory Commemoration Hall Standard Conditions of Hire
In accordance with the Licensing Act 2003, no alcohol shall be sold on the premises without the agreement of the Managing Trustees.
The bookings manager will discuss with the Hirer, face to face, their obligations when the booking requires the sale of alcohol.
If alcohol is to be sold on the premises within the terms of the Premises Licence, the Hirer shall obtain the written consent of the Managing Trustees by:
a) Nominating a Personal Licence Holder on the Agreement for Hire. This could be a local landlord or other personal licence holder
or
b) Requesting permission from the Managing Trustees to sell alcohol at an event and thereby requesting that the Managing Trustees be collectively responsible for ensuring compliance with licence conditions and the law. In this situation the Hirer shall have responsibility for matters falling within their control and be responsible for ensuring the licensing Act 2003 is fully complied with and that all licensing objectives are met.
The Hirer shall ensure that if alcohol is to be sold at an 18th or 21st birthday party, then a Personal Licence Holder is on site at all times. If alcohol is provided, but not sold, then the Hirer shall ensure that a parent or guardian is on site at all times.
A log of all incidents and refusals will be kept and made available to Police or other responsible authorities on request.
There will be ‘Challenge 21’ notices displayed close to the point of alcohol sale.
The hirer shall ensure that in order to avoid disturbing neighbours to the hall and avoid violent or criminal behaviour, care shall be taken to avoid the excessive consumption of alcohol. Drunk and disorderly behaviour shall be permitted either on the premises or in its immediate vicinity. Alcohol shall not be served to any person suspected of being nor to any person suspected of being under the age of 18. Any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way shall be asked to leave the premises. No illegal drugs may be brought onto the premises. No drinks to be taken outside of the premises.
Conditions Agreed with Environmental Health
The performance of amplified music shall be no louder than the background level of noise at the boundary of neighbouring residential properties and is to be inaudible at the boundary of neighbouring properties after 2300 hours.
All external doors and windows must be kept closed in all rooms when events involving amplified music or speech are taking place, other than for access and egress. It may be necessary to install mechanical extract ventilation or air conditioning for use during warm weather. Openings, including those for extract and ventilation purposes, in the external fabric of the premises may have to be acoustically sealed to the satisfaction of the licensing authority.
Clear and prominent notices shall be displayed at all exits and car park requesting customers to respect the needs of local residents and leave the premises and area quietly.
The licensee will ensure that
a) Temporary electrical wiring and distribution systems are not used without prior inspection by a suitable qualified electrician.
b) Temporary electrical wiring and distribution systems shall comply with the recommendations of BS 7671 or where applicable BS 7909
c) Where they have not been installed by a competent person, temporary electrical wiring and distribution systems are to be inspected and certified by a competent person before they are put to use.
d) Entertainment equipment shall be fitted with a 30mAmp RCD (residual current device)
The licensee will ensure that an adequate and appropriate supply of first aid equipment and materials is available on the premises.
The licensee should advise Melton Borough Council as to the intended maximum capacity at the premises.
Conditions Consistent with Applicant’s Operating Schedule
General
The Managing Trustees of the Bottesford VC Hall would refuse an application for hire, if in the opinion of the Trustees allowing the hire would create a situation which would lead to problems within or around the hall.
No person below the age of 18 years is allowed to hire the Hall (currently under review to 21 years).
The Prevention of Crime and Disorder
The Bottesford VC Hall is fitted with CCTV to the outside of the Hall and has security lighting around the Hall. We have no history of crime and disorder around or within the building.
Public Safety
The new Bottesford VC hall was opened in 2003 and incorporated all the latest features for public safety including adequate fire protection equipment, fire alarm and escape doors all being suitable for the disabled.
The number of people allowed in the hall at any one time is limited to 300.
The Prevention of Public Nuisance
The location of the Bottesford VC Hall is adjacent to the Parish field and we provide, working with the Parish Council, adequate parking off road close to the hall.
Again the hirer is made fully aware of creating the minimum amount of disturbance and not to create a nuisance.
The Protection of Children from Harm
On occasions when children are in the Hall the Trustees require that adequate adult supervision be provided at all times. On any occasion when alcohol is served the Trustees require the hirer has an identified and named Personal Licence Holder who would ensure alcohol is not served to under age persons.