Non Standard Timings for Licensable Activities and Opening Hours
When the hours for sale of alcohol are extended the hours for all licensed activities are also extended accordingly.
Christmas Day: 11:00am to 23:00
New Years Eve: 10:00am to normal terminal hour on New Years Day
To permit the premises to open for licensable activities to show the broadcast of televised sporting events of national or international interest outside normal operating hours, such opening times for this purpose to be confirmed upon 7 days prior notice in writing to the Police before the premises intend to open, such notification to include the opening times and the sporting event which is to be shown.
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.”
Permitted Hours - On Licence
Alcohol shall not be sold or supplied except during permitted hours stated above.
The above restrictions do not prohibit:
a) consumption of the alcohol on the premises by, or, the taking, sale or supply of alcohol to any person residing in the licensed premises;
b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) the sale of alcohol to a trader or club for the purposes of the trade or club;
d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
e) the taking of alcohol from the premises by a person residing there; or
f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
Agreed Conditions
1. Music is not to be audible at the boundary of nearby residential properties after 23.00 hours. Music may be considered inaudible when it is at a low enough level such that it is not recognisable as emanating from the premises and it does not alter the perception of the ambient noise environment that would prevail in the absence of the music.
2. Clear and prominent notices shall be displayed at all exits, in any external seating areas and car park requesting customers to respect the needs of local residents and leave the premises and area quietly.
3. Electrically powered entertainment equipment shall be fitted with a 30 milliamp RCD (residual current device)
4. The licensee will ensure that an adequate and appropriate supply of first aid equipment and materials is available on the premises.
5. The licensee has confirmed that the maximum occupancy for the total licensed area (internal and external) is 545.
6. The licensee will maintain membership of the local Pubwatch scheme including a radio link to CCTV.
7. A staff member employed at the premises who is conversant with the operation of the installed CCTV equipment shall be on the premises at all times when the premises are open to the public. The staff member will be able to show the police or an authorised officer from Melton Borough Council the footage captured by the CCTV and be able to download and provide a copy of the aforementioned footage on lawful request.
8. The licensee will ensure that no customers shall take glasses, cans or open bottles from the premises save for consumption in any outside area provided.
9. There will be no sale of alcohol unless a Personal Licence Holder is present on the premises.
10. Random searched of both male and female customers will be carried out.
11. If any customer refuses to be searched they will be refused entry to the premises.
12. All door staff engaged in searching persons (as a condition of entry) shall be fully trained in their use of their powers to do so.
13. The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each Door Supervisor exercising security activity are contemporaneously entered into a bound register kept for that purpose:
Full name;
SIA Certificate Number and/or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation);
The time they began their duty;
The time they completed their duty;
The full details of an agency through which they have been allocated to work at the premises, if appropriate.
14. The register shall be available at all reasonable time to an Authorised Officer of the Licensing Authority or to the Police.
15. The register is to be kept at the premises at all times and shall be so maintained as to enable as authorised officer to establish the particulars of all door staff engaged at the premises during the period of not less than 12 months prior to the request.
16. Door Supervisors shall be employed on site on a risk assessed basis. In any event as a minimum Door Supervisors will be employed from at least 23.00hrs on Tuesdays, Fridays and Saturday when premises are open until premises close. At those times there will be at least one door supervisor per 100 customers present on the premises. At least one door Supervisor will provide security to the rear patio area between the hours of 23.00pm and 2.00am on Tuesdays and on Fridays and Saturdays between 23.00pm and the closing of the external area.
17. Music shall cease in the patio area at 23.00hrs.
18. Between Sundays and Thursdays internal music shall be reduced from 01.30am and on Fridays and Saturdays internal music shall reduce form 02.30am
19. Whilst in use, the outside area will be supervised and regular glass collections made.
20. Access and egress will be from only one entrance front and rear from 01.00 hrs on Friday/Saturday and Saturday/Sunday in order that Door Supervisors can ensure they know exactly how many persons are in the premises. Access to the external areas during these times will only be to existing customers of the premises.
CONDITIONS CONSISTENT WITH THE APPLICANT'S OPERATING SCHEDULE
The Prevention of Crime and disorder
1. Any person exercising a security activity (as defined by paragraph 2(1)(a) of schedule 2 of the Private Security Industry Act 2001) shall be licensed by the Security Industry Authority.
2. Any person as defined in condition (1) will clearly display his name badge at all times whilst on duty.
3. No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.
4. Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.
5. The maximum occupancy of the building (including staff and performers) will be restricted to 545 persons
Public safety
1. To comply with the reasonable requirements of the Fire officer from time to time
2. To comply with the reasonable requirements of the Building Control Officer
The Prevention of Public Nuisance
1. Where appropriate, prominent clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.
2. Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.
The Protection of Children from Harm
1. Children under the age of 16 shall not be permitted to enter the premises after 19:00 hours.