Annex 1 - Mandatory Conditions
Where licence authorises the 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.
Door Supervision
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, each such individual must be licensed by the Security Industry Authority.
Where the licence authorises the exhibition of Films
1. The admission of children to the exhibition of any film must be restricted in accordance with this section.
2. 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.
3. 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.
4. 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).
The Licensing Act 2003 (Mandatory Licensing Conditions)
(Amendment) Order 2014
1. (1) 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.
(2) 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).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3. (1) 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.
(2) 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.
(3) 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.
4. 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 as specified by order of the Secretary of State under S19A of the Licensing Act 2003
Conditions effective from 28th May 2014
(1) 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.
(2) In this condition:-
(a) “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;
(b) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(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.
(3) Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
(4) 1) Where the permitted price 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.
Conditions offered by applicant
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
Door Supervisors
1. I will use or employ door supervisors at all times when a licensable activity is being carried out and I consider them necessary to:
Prevent the admission and ensure the departure from the premises of drunk and disorderly persons, without causing further disorder
Keep out excluded individuals (subject to court or pub watch bans)
Search and exclude persons suspected of carrying illegal drugs or offensive weapons; or
Maintain an orderly queue outside the venue
Number of door supervisors will be subject to activity taking place but subject to a minimum of two door supervisors when supervision is deemed necessary
2. I will ensure that any Door Supervisors used are registered by the Security Industry Authority
3. I will use or employ at least two door supervisors on each floor or tier, in addition to those located in any access/egress point, during the whole of the time any licensable activity takes place (subject to the provisions of item 1)
4. I will make sure that a female supervisor will be available to conduct searches on female customers.
5. I will make sure that where there are 4 or more door supervisors, at least one of these will be female.
CCTV & Communication
6. I will provide and actively use a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre. I will also provide an internal communications for staff.
7. I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.
8. I will set Video/CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.
9. I will ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape and for a period not less than 28 days.
10. I will ensure that recordings are retained for at least twenty eight days and that copies in a viewable format are produced to an authorised officer on demand.
11. I will put up notices advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.
Bottles and Glasses
12. I will ensure that drinks are only available for consumption from plastic vessels or toughened glass.
13. I will ensure that no drinks are available for consumption from glass bottles
14. Where glass bottles are used, they will be retained or disposed of on the premises.
15. No customers will be admitted or permitted to leave when carrying open or sealed bottles and glasses
Restrictions on Drinking Areas
16. I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
Capacity Limits
17. I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 320
18. I will ensure that the capacity limit is enforced.
Proof of Age Cards
19. I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.
Drinks Promotions
20. I will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.
Prohibited Substances
21. I will implement a policy agreed by the Police and local authority
22. I will ensure that a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the Police are advised of any items which require safe disposal.
Notices
23. I shall ensure that public information notices about crime and disorder issues are displayed at the request of the Council or the Suffolk Constabulary.
24. I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
25. I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
Crime Prevention Schemes
26. I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Litter and Waste
27. I will be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises
Lighting
28. I will ensure that lighting is provided outside the premises during the hours of darkness when any licensable activity takes place on the premises.
CONDITIONS RELATING TO PUBLIC SAFETY
Escape Routes
29. I will make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
30. I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
31. I will make sure that all exit doors are easily openable and do not require the use of a key, card, code or similar means
32. I will make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.
33. I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
34. I will make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices (for example, electromagnetic releases operated by smoke detectors).
35. I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
36. I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
Safety Checks
37. Safety checks are carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.
Curtains, Hangings, Decorations and Upholstery
38. I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
39. I will make sure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of Bs 5852:1990.
40. I will make sure that Hangings, curtains and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment.
41. I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority. If any such decorations may pose a risk, the fire authority will be consulted
Fire Action Notices
42. I will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.
Outbreaks of Fire
43. The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.
Loss of Water
44. I will notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.
Access for Emergency Vehicles
45. Access for emergency vehicles is kept clear and free from obstruction
Disabled People
46. I will make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements
First Aid
47. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
48. I will make sure that at least one trained first aider will be on duty when the public are present
49. If more than one first aider is present, I will make sure that their respective duties are clearly defined
Lighting
50. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
51. I will make sure that Fire safety signs are adequately illuminated;
52. I will not alter Emergency lighting without prior notification to the Licensing Authority
53. I will make sure that Emergency lighting batteries are fully charged before admission of the public;
54. In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes;
55. Where the emergency lighting battery has a capacity of three hours, I will make sure that evacuation of the premises is possible within one hour;
Temporary Electrical Installations
56. I will not provide temporary electrical wiring and distribution systems without prior inspection by a suitably qualified electrician
57. I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
58. I will make sure that where temporary electrical wiring and distribution systems have not been installed by a competent person, they are inspected and certified by a competent person before they are put to use.
Safety Certificates
59. I will make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:
Building Electrical Installation
Emergency Lighting System
Fire Warning System
Gas boiler, calorifier or appliance
Oil fired boiler or appliance
Suspended ceilings
Portable fire fighting equipment
Temporary Electrical Installation
Public Liability Insurance
60. I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.
Alterations to the premises
61. I will not alter the premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.
Special Effects
Note: The use of special effects in venues of all kinds being used for regulated entertainment is increasingly common and can present significant risks.
62. I will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;
63. I will give prior notification to the Licensing and/or Fire Authority when I intend to use any of the following special effects:
Dry ice machines and cryogenic fog;
Smoke machines and fog generators;
Foam cannon/snow machine;
Pyrotechnics, including fireworks;
Real flame;
Firearms;
Motor vehicles;
Strobe lighting;
Explosives and highly flammable substances;
Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)
Dry ice machines, cryogenic fog, smoke machines, fog generators, foam cannons, snow machines and strobe lighting may be used regularly and will be risk assessed in advance of use. Consultation on each usage would be impractical. Other effects listed will be notified.
General
64. I will make free drinking water available at all times the premises is open to the public;
65. I will provide a chill-out area which is cooler and quieter than the dancing areas
66. I will provide a “hot line” to a local taxi firm - staff will call taxis if requested
67. I will provide sufficient seating to accommodate 25% of the maximum capacity of the premises.
68. I will make sure that staff on the premises monitor and record the number of patrons within the premises.
(NB: this condition would not be relevant where there is no maximum capacity).
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
69. I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
70. I will not use portable heating appliances on the premises;
71. I will not use any appliances utilising cylinders or containers of gas on the premises (excluding any CO2 or similar gas required for dispensing equipment;
72. I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;
CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE
Noise and vibration
73. I will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises
74. I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
75. I will install and use a noise limiter(s) on amplification equipment following consultation with the Council’s Environmental Health Officers;
76. I will display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly;
77. I will seek approval from the Licensing Authority (by means of a variation application) prior to the use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas
78. I will make sure that the placing of bottles into receptacles outside the premises takes place at times that will minimise disturbance to nearby properties;
79. I will make sure that during the final half hour of opening the music is discernibly quieter;
80. I will not permit the playing of live or recorded music in garden areas of the premises after 23.00
81. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
82. I will ensure that any ventilation system has suitable sound attenuation.
83. I will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level. - Regular checks will be undertaken
84. I will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment
Noxious smells
85. I will ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
86. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Light pollution
87. I will ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder
Litter
88. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
89. I will make sure that receptacles for refuse storage are maintained in a clean condition.
90. I will make sure litter is regularly cleared from the vicinity of the premises
91. I will provide for the removal, within 24 hours of the finish of the event, of:
All refuse (including litter picking across the site).
Off site litter within one mile of the site along access and egress routes to the event