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 consistent with Applicant’s operating schedule
General
The Hub will be run as a community facility for the village. Trustees and committee members will always attend open events to ensure it is being run in a manner which is considerate to its location i.e. within a quiet rural village with close neighbours.
The Trustees will ensure that there is an up to date log of staff (which includes all volunteers) who are authorised to sell alcohol. The log shall remain on site and be made available to the relevant authorities upon a request being made.
The prevention of crime and disorder
The property is alarmed when closed to discourage any criminal activity.
Trustees will always be in attendance at any open events.
Pub Watch good practice guidance will be followed.
Staff will ask for proof of identity if they suspect patrons are below the age of 18. Only PASS approved ID will be accepted.
Challenge 21 will be followed by staff and posters will be displayed to support this.
The Trustees/Bar Staff will refuse to serve anyone who is intoxicated or causing disorder
Public safety
HSE Health and safety guidelines are followed.
Fire checks are conducted to specified guidelines.
The maximum number of patrons is managed with a counter at events and recorded.
Fire escape routes and exits will be kept clear and maintained with no trip hazards.
Fire doors and extinguishers will be regularly checked in line with fire safety legislation.
Fire notices and action to be taken are clearly and prominently displayed.
In the event of emergencies there is a defined safe evacuation route for patrons.
Staff will be aware of the requirement and ensure their safety.
First aid equipment and materials are kept on-site.
Safety certificates are maintained for: Electrical system; fire system; boiler;
Valid public liability insurance is held and certification will be available for inspection
All bar staff will be given training in regards to the 4 licensing objectives.
All staff training will be refreshed every 12 months and recorded in the training book. The book will be kept on the premises and made available upon request from any relevant authority.
The prevention of public nuisance
All windows and doors are kept closed at live events and parties to minimise sound travel.
Trustees will check sound levels from the building exterior during live/entertainment nights and intervene if the noise is at a level likely to cause nuisance.
Recorded music controls are held behind the bar and no volume controls are accessible to members of the public.
The Trustees will take responsibility for waste coming from club patrons and clear it away.
External lighting will be on during darkness when licensable activities are going on.
Prominent and legible notices shall be displayed at all exits requesting patrons to respect local residents and leave the premises and area quietly and peacefully.
The Trustees will ensure that any trade deliveries and rubbish/recycling collections are only accepted during normal working hours.
Music will not be permitted outside of the premises
The protection of children from harm
Children must be accompanied in to the venue by a responsible adult.
Condition agreed with Environmental Health
The Premises Licence Holder or nominated person shall take all necessary steps to ensure that music and speech from regulated entertainment does not exceed the ‘background’ noise levels at the boundary of the nearest noise sensitive property between 23.00 - 07:00 hours. For the purposes of this condition, noise from amplified 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.