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.”
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Environmental Health Conditions - Imposed by Licensing Committee
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, in external seating areas 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 has confirmed that the maximum occupancy is 320.
Conditions Agreed with Leicestershire Constabulary
The licensee will maintain membership of the local Pubwatch scheme including a radio link to CCTV.
The licensee will ensure that CCTV is installed following advice from the Leicestershire Constabulary Crime Reduction Officer and maintained in accordance with the Information Commissioner’s CCTV Code of Practice.
The licensee will ensure that no customers shall take glasses, cans or open bottles outside the curtilage of the premises.
The licensee will employ sufficient registered door staff to deal with any likely contingency
Each such individual must be licensed by the Security Industry Authority
Condition Imposed by the Licensing Panel on 28.03.2018
Moez Ben Ladjimi (MBC Personal Licence Holder MM10396) is not permitted on the premises to undertake licensable activities.
Conditions Consistent with the Applicant’s Operating Schedule
General
We will continue to train our staff to the standards required by relevant legislation.
There is no intention to deviate from the existing method of operation during extended hours.
The additional hours themselves promote the licensing objectives particularly in relation to crime and disorder and public nuisance as stated in paragraph 3.29 of the guidance by allowing customers to emerge from the premises at a more gradual rate.
The Prevention of Crime and Disorder
CCTV will be installed and maintained, all footage will be retained for a minimum of 31 days.
Footage will be made available to the relevant authorities with 24 hours of a request being made.
A member of staff who is trained to operate the CCTV will be on the premises whilst it is open to the public
Staff will receive training in the responsible sale of alcohol and ‘challenge 25’. This training will be refreshed every 12 months and a training log will be maintained and kept on the premises and produced to a relevant authority
upon a request being made.
An incident and refusal log with be held on the premises and updated accordingly. This will remain on the premises and be made available should a request be made by a relevant authority.
Membership of the local Pubwatch scheme if it is available
A minimum of 2 SIA licensed door supervisors shall be on duty on Friday and Saturday from 22:00 until close.
A minimum of 4 SIA licensed door supervisors shall be on duty from 22:00 until close on those nights that regulated entertainment is permitted to take place outdoors until 00:00hrs (maximum four per calendar month April to September).
At all the other times the need for door supervisors shall be assessed by way of a risk assessment carried out by the DPS and cognisance will be taken of any Police advice.
Public Safety
Our staff are trained on all safety issues including fire safety. Regular inspections of the premises are undertaken by the management.
An adequate and appropriate supply of first aid equipment and materials are available on the premises.
The Prevention of Public Nuisance
From 1 April to 30 September inclusive, on no more than four occasions per Calendar month regulated entertainment can take place outside until 00:00hrs At all other times regulated entertainment outside shall not take place after
23:00hrs
The sale of alcohol shall not take place from the outside bar after 01:00hrs
Staff shall monitor customers in the external area of the premises throughout the day to ensure customers do not cause a public nuisance.
A dedicated telephone number and email address for the DPS or manager will be given to any resident on request to allow complaints to be made directly at all times the premises are open.
The Premises Licence Holder, DPS or nominated person shall ensure that music and speech from regulated entertainment does not exceed the ‘background’ noise level at the boundary of the nearest noise sensitive property at any time. For the purposes of this condition, noise from music and speech would not exceed the background noise level when it does not alter the perception of the ambient environmental noise that would prevail in the absence of the source in question.
Where regulated entertainment is to take place outside after 23:00, the Premises Licence Holder, DPS or nominated person shall undertake anobservation of the noise environment at the nearest noise sensitive property to ensure compliance with condition (above). The observation findings shall be documented and retained for 12 calendar months and made available to the Licensing Authority or Responsible Authorities upon request.
The Premises Licence Holder, DPS or nominated person shall have full control over any sound amplification equipment at all times.
A record of complaints shall be maintained to record details of any Complaints received. The information to be recorded shall include the date and time of complaint and subsequent remedial action undertaken and (where disclosed) the complainant’s name and location. The record of complaints shall be kept for 12 months from the date of the last record made and shall be available to the Licensing Authority or Responsible Authorities upon request.
The Protection of Children from Harm
A risk assessment has shown that we do not need to take any further measures beyond the restrictions in the Licensing Act 2003 and the existing training given to staff on the premises.
Nobody under the age of 18 is allowed on the premises after 7pm, with the exception of those accompanied by an adult and seated for a table meal.