Annex 1 - Mandatory Conditions
Licensing Act 2003 - 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) 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).
(3) The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(4) (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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
SCHEDULE 2
CONDITIONS OFFERED BY THE APPLICANT IN RELATION TO THE FOUR LICENSING OBJECTIVES
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
CCTV & Communication
1. I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.
2. I will keep auditable records relating to the operation of the CCTV system and staff training in this respect.
Bottles and Glasses
3. Where glass bottles are used, they will be retained or disposed of on the premises.
4. I shall ensure that customers are not permitted to take opened bottles or glasses out onto the public highway, during times, for example, when they are complying with the provisions of the smokefree regulations or making use of any pavement café permission held by the licensed premises.
Restrictions on Drinking Areas
5. I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
Capacity Limits
6. I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to 300
7. I will ensure that the capacity limit is enforced.
Proof of Age Cards
8. 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
9. I shall not permit any irresponsible drinks promotions at the licensed premises which may negatively impact on the promotion of the licensing objectives.
Prohibited Substances
10. I will implement a policy agreed by the Police and local authority (for more information on this you can refer to the “Safer Clubbing Guide”)
11. 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, within 48 hours of such item being confiscated.
Notices
12. I shall ensure that public information notices about crime and disorder issues are displayed at the request of the Council or the Suffolk Constabulary. (e.g. Customer Code of Conduct)
13.I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
14. I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
Crime Prevention Schemes
15. I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Striptease and similar adult entertainment
16. I will ensure that access to the dressing room is restricted at all times whilst the regulated entertainment takes place, until such time as the performers have vacated the premises.
17. I will ensure that there is no audience participation in regulated entertainment which includes striptease or similar entertainment.
18. I will ensure that the route between the dressing room and performance area is either restricted or supervised at all times.
19. I will ensure that no lewd or indecent acts take place and that no male or female genitalia are exposed at any time.
20. I will ensure that there will be designated areas where the activities may take place and these areas will be strictly adhered to. I will inform the Council where these designated areas will be.
21. I will ensure that the dressing room area is strictly controlled and maintained at all times until the performers have evacuated it.
22. I will ensure that the acts take place only within the hours of …..pm - …..pm.
23. I will ensure that the agreed activities are given only by the performers and no audience participation will be permitted.
24. I will ensure that performers shall be aged not less than 18 years.
25. I will ensure that no person under the age of 18 shall be allowed onto the premises and a clear notice shall be displayed at the entrance to the premises in a prominent position so that it can be easily read by persons entering the premises.
26. I will ensure that photographs or other images that indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive will not be displayed outside of the premises.
27. I will ensure that all windows to the outside of the premises are covered for events.
28. I will ensure that Council Officers are allowed free admission to monitor the events on production of official ID
Litter and Waste
29. 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
30. I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.
Safety Checks
31. 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
32. I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.
Access for Emergency Vehicles
33. Access for emergency vehicles is kept clear and free from obstruction
First Aid
34. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
35. I will make sure that at least (please specify …..) trained first aider(s) will be on duty when the public are present
36. If more than one first aider is present, I will make sure that their respective duties are clearly defined
Temporary Electrical Installations
37. 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.
Public Liability Insurance
38. 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.
Indoor Sports Entertainments
39. I will make sure that an appropriately qualified medical practitioner is present throughout a sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature;
40. I will ensure that at any wrestling or similar entertainment, members of the public do not occupy any seats within 2.5 metres of the ring;
Special Effects
41. 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;
42. 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)
General
43. I will make free drinking water available at all times the premises is open to the public;
44. I will provide a chill-out area which is cooler and quieter than the dancing areas
45. I will provide a “hot line” to a local taxi firm
46. I will provide sufficient seating to accommodate (enter proportion here …) of the maximum capacity of the premises.
47. 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).
THEATRES, CINEMAS, CONCERT HALLS & SIMILAR PLACES
Premises used for closely seated audiences
Attendants
48. The number of attendants on each floor in a closely seated auditorium will be as set out below:
Members of the audience present on a floor Minimum number of attendants required to be present on that floor
1-100 One
101 - 250 Two
251 - 500 Three
501 - 750 Four
751 - 1000 Five
Each additional 250 persons (or part thereof) One
49. I will make sure that attendants are not engaged in any duties that would hinder the prompt discharge of their duties in the event of an emergency or entail their absence from the auditorium where they are on duty;
50. I will make sure that attendants will be readily identifiable to the audience;
51. I will not use the premises for a closely seated audience except in accordance with seating plans. A copy of the plan will be displayed at the premises;
52. I will make sure that no article are attached to the back of any seats which reduce the clear width of seatways or cause a tripping hazard or obstruction;
53. I will keep a copy of any certificate relating to the design, construction and loading of any temporary seating available so that it can be shown to any authorised person on request
Gangways
54. I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
55. I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
56. I will make sure that in no circumstances is anyone permitted to:- (i) sit in any gangway; (ii) stand or sit in front of an exit; or (iii) stand or sit on any staircase including any landings;
Balcony Fronts
57. I will make sure that clothing or other objects are not placed over balcony rails or upon balcony fronts.
PREMISES USED FOR FILM EXHIBITIONS
Attendants - premises without a staff alerting system
58. The following number of attendants will be present during film exhibitions (as set out in the tables below):
Number of members of the audience present on the premises Minimum number of attendants required to be on duty
1-250 Two
Each additional 250 members of the audience present (or part thereof) One additional attendant. Where there are more than 150 members of an audience in any auditorium or on any floor At least one attendant shall be present in any auditorium or on any floor
Attendants - premises with a staff alerting system
59. I will make sure that the following number of attendants are present during film exhibitions (as set out in the tables below):
49. (A) Number of members of the audience present on the premises (B) Minimum number of attendants required to be on duty (C) Minimum number of other staff on the premises who are available to assist in the event of an emergency
A B C
1 - 500 Two One
501 - 1000 Three Two
1001 - 1500 Four Four
1501 or more Five + one for every 500 (or part thereof) persons over 2000 on the premises Five + one for every 500 (or part thereof) persons over 2000 on the premises
60. I will make sure that the staff alerting system is maintained in working order;
61. I will make sure that attendants are wherever possible evenly distributed throughout all parts of the premises to which the public have access;
62. I will not consider the following persons available to assist in the event of an emergency: (i) the holder of the premises licence or manager of the premises; (ii) a member of staff whose normal duties are likely to affect or delay his response in an emergency situation; (iii) a member of staff whose usual location when on duty is more than 60 metres from the location he would be required to go to on being alerted to an emergency situation;
Flammable films
63. I will make sure that no flammable films are allowed on the premises without prior notification to the fire and/or licensing authority;
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
64. I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
65. I will not use portable heating appliances on the premises;
66. I will not use any appliances utilising cylinders or containers of gas on the premises;
67. 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
68. I will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises and/or residential properties including periodic monitoring;
69. I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
70. I will install and use a noise limiter(s) on amplification equipment following consultation with the Council’s Environmental Health Officers;
71. 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;
72. 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 (see 69);
73. 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;
74. I will make sure that during the final hour of opening the music is discernibly quieter;
75. I will not permit the playing of live or recorded music in garden areas of the premises.
76. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
77. I will ensure that any ventilation system has suitable sound attenuation.
78. 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. (Note: this may be more relevant at an outdoor event)
Noxious smells
79.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.
80. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Light pollution
81. External lighting shall be installed and maintained at the licensed premises in order to promote the licensing objectives and I shall liaise with the appropriate Environmental Services department to ensure that any lighting is positioned and of such design so as to minimise the risk of causing public nuisance by light pollution.
Litter
82. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
83. I will make sure that receptacles for refuse storage are maintained in a clean condition.
84. I will make sure litter is regularly cleared from the vicinity of the premises
85. 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 (Note: this is in respect of outdoor events only)
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
86. I will comply with Retailer Alert Bulletins issued by Portman Group Note: This condition may be appropriate for licensed premises selling alcohol products in a manner that may appeal to or attract minors.
87. A crime prevention policy agreed by the police and local authority will be in place;
88. I will implement a proof of age policy agreed by the police and local authority; Note: Proof of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.
89. I will ensure an adequate risk assessment is in place with regard to the protection of children from harm whilst they may be present on the premises and while licensable activities are taking place. Such risk assessment to be produced to an authorised officer on demand.
Cinemas
90. I will not exhibit any film unless - It has received a "U", "PG", "12A", "15" or "18" certificate from the British Board of Film Classification (for further information go to www.bbfc.co.uk); or It is a current newsreel which has not been submitted to the British Board of Film Classification, or In the absence of a BBFC classification the film has received a recommendation on the admission of children in advance from the licensing authority who will have had regard to the BBFC classifications.
91. Where films are classified by the film classification body, (British Board of Film Classification) I will make sure that children (persons under 18) are only admitted in accordance with the classification of the film: U - Universal - suitable for audiences aged 4 years and over; PG - Parental Guidance - some scenes may be unsuitable for young children; 12A - viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult; 15 - viewing by persons aged 15 years and over; 18 - viewing by persons aged 18 years and over;
92. I will make sure that, immediately before each exhibition of a film classified by the BBFC, there is a reproduction of the certificate of the Board for at least five seconds so as to be easily ready by all persons in the auditorium or, as regards a trailer advertising a film, a statement approved by the Board indicating the classification of that film;
93. Where the Licensing Authority has made a recommendation on the restriction of admission of children to a film, I will make sure that notices are displayed both inside and outside the premises so that persons are aware of the classification;
94. I will make sure that a representation or written statement of the terms of any certificate given by the British Board of Film Classification is shown on the screen immediately before the showing of any film to which it relates and the representation or statement shall be shown for at least 5 seconds and in a form large enough for it to be read from any seat in the auditorium.
95. Where the admission to film performances is restricted by age, I will display a notice to the effect below: PERSONS UNDER THE AGE OF (INSERT APPROPRIATE AGE) CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME Where the films of different categories form part of the same programme, the notice shall refer to the oldest age restriction Note: This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person’s parent or legal guardian has first been obtained.
Access for children to licensed premises generally
96. I will not permit children under the age of 18 to access the premises Note: the above condition may be appropriate where the premises are used for gambling or any activity or entertainment (whether regulated entertainment or not) of a clearly adult or sexual nature. Applicants wishing to allow access for children to premises where these associations may be relevant should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.
97. I will require that children under the age of 12 are accompanied by adults after 11pm in the evening. Note: The above condition may be appropriate for any premises NOT serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11pm in the evening. Applicants wishing to allow access to premises to unaccompanied children under the age of 12 after 11pm should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.
98.I will exclude children under the age of 18 from the premises Note: If this condition is appropriate, the operating schedule does not need to detail steps that will be taken to promote the protection of children from harm. Otherwise, where entry is to be permitted, the operating schedule should outline steps to protect children from harm while on the premises.
Age Restrictions - Specific
99. I will apply age restrictions during the following hours - 10.00AM - 01:30AM Note: The above condition may be appropriate where a wide variety of licensable activities will take place at the premises and at different times of the day and night. It may not be appropriate to allow children unrestricted access in these circumstances. The following considerations may be relevant: · The hours of day during which age restrictions should and should not apply eg if adult entertainment is to be presented only after 8pm it may not be necessary to impose age restrictions for earlier parts of the day. · Types of event or activity where no age restrictions will be necessary, such as family entertainment or non-alcoholic events for young age groups, such as under 18s dances. · Types of event or activity which gives rise to a more acute need for age restrictions, such as “Happy Hours” or on drinks promotion nights or other events where the entertainment is not suitable for those aged under 18.
Performances especially for children
100. I will make sure that attendant(s) are stationed in the area(s) occupied by the children and in the vicinity of each exit, at a ratio of one attendant per 50 children (or part thereof);
CONDITIONS ADDED FOLLOWING MEDIATION WITH ENVIRONMENTAL PROTECTION
There will be no licensed activities, including live and recorded music outside on the club’s premises.
CONDITIONS ADDED FOLLOWING MEDIATION WITH THE IPSWICH POLICE
All bar staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or similar within 1 month of commencing employment at the premises. Training records shall be kept on the premises and produced to the police and authorised Local Authority Licensing Officers on demand.
All individuals, without any exception, subject to a local Pub Watch Pub ban will be refused entry and excluded from the premises for the entire duration of their ban. All staff will be alert to the banned persons and report any attempt that such persons make to gain access to the premises to the Police.
It will be the responsibility of the Designated Premises Supervisor to ensure all staff allow only sealed drinking vessels to be removed from the premises by customers. Empty drinking vessels will be regularly collected ensuring no accumulation in areas where the public have access and any activities such as the taking out of refuse; including glass bottles must NOT be carried out between 2300hrs and 0700hrs.
All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection of the individual(s) and their permanent exclusion from the premises in future, subject to Club rules.
No external regulated entertainment will take place, except under the provision of an authorised Temporary Event Notice.
· Protection of Children from Harm
The premises will adopt and comply with the Challenge 21 scheme
An incident book shall be kept and maintained on the premises at all times. The book shall detail in brief, incident of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police/Authorised Licensing Officers on demand.