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.
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.
Annex 2 - Conditions consistent with the Premises Operating Schedule
Restrictions on Drinking Areas
I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
Drinks Promotions
I will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.
Notices
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)
I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
Crime Prevention Schemes
I shall participate in the local pubwatch/nightsafe scheme operating in the Borough
CONDITIONS RELATING TO PUBLIC SAFETY
Escape Routes
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.
I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
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
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.
I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
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).
I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
Outbreaks of Fire
The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.
First Aid
I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
Lighting
In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
Safety Certificates
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: Portable fire fighting equipment
Alterations to the premises
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. (N.B This will enable you to propose the amendment of any conditions that you would not be able to comply with upon completion of works)
General
I will make free drinking water available at all times the premises is open to the public;
I will provide sufficient seating to accommodate the maximum capacity of the premises.
CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE
Litter
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
I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
I will make sure that receptacles for refuse storage are maintained in a clean condition.
I will make sure litter is regularly cleared from the vicinity of the premises
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
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.
Conditions attached following Variation to increase hours as mediated with Suffolk Constabulary.
1. The premises shall install and maintain a comprehensive CCTV system. CCTV will cover all public areas where licensable activities take place, including entry and exit points. The CCTV system shall continually record whilst the premises is open for licensable activities and when customers remain on the premises. All recordings shall be stored for a minimum period of 30 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or an Authorised Officer. A staff member who is able to operate the system shall be on the premises at all times when the premises are open to the public. This staff member will be able to show recordings to Police or an Authorised Officer with minimum delay when requested and be able to download video onto a disc or memory stick, which can be played back on a computer or other digital retrieval system, within 24 hours of a request for download. The CCTV system will be regularly checked to ensure that it is functioning correctly.
2. A CCTV log must be maintained and endorsed by signature indicating that the system is checked weekly. In the event of any failings or faults, any actions taken to remedy the failings or faults are recorded. In the event of technical failure of the CCTV equipment, the Premises Licence Holder or DPS will report the failure to the Police and Licensing Authority immediately.
3. The premises licence holder shall ensure that notices are prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises.
4. All staff engaged in the sale of alcohol will be trained in Responsible Retailing to a minimum standard of BIIAB level 1 or equivalent within 4 weeks of commencing employment at the premises. This training can be administered in-house in accordance with the relevant criteria of this qualification. Training records shall be kept on the premises and produced to the Police/Local Authority on request. Training should be reviewed every 6 months to ensure that staff are up to date with the latest legislation and their training records endorsed accordingly.
5. An Incident/Refusal log will be kept at the premises, recording all incidents and refusals of the sale of alcohol. It will be made available to an authorised officer of the Police or Council on request. It must be completed within 24 hours of the occurrence and must record: a) occurrence date and time, b) names of staff and persons involved (if known), c) details of all incidents, crimes reported, refusals of the sale of alcohol, ejections, or banning of customers, and d) any visits by relevant authorities or emergency services, and the purpose of the visit.
6. A Challenge 25 policy must be implemented whereby all customers who appear to be under 25 must produce photographic identification in the form of a passport, driving licence or proof of age scheme (PASS) approved identification before alcohol can be supplied or sold to them. All staff will be instructed, through training, that alcohol cannot be supplied or sold unless this evidence is produced.
7. The premises licence holder shall ensure that notices shall be prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises.
8. When requested by the Police, Polycarbonate or bio-degradable/compostable drinking vessels and non-glass bottles shall be used at the premises. If the suppliers cannot provide polycarbonate/non-glass bottles, then all glass bottled drinks will be decanted/dispensed and served in polycarbonate/ bio-degradable/compostable drinking vessels. All glass bottles accumulated behind the bar/counter shall be disposed of on the premises.
9. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
10. The on-sale supply of alcohol for consumption at the premises will only be to a person seated and purchasing/eating food within the premises and for said consumption by such a person as ancillary to their food.
11. There will be no vertical drinking of alcohol by customers allowed in the premises.
12. Person under the age of 18 years must be accompanied by an adult if entering the premises after 20.00. No persons under the age of 18 years will be allowed on the premises after 22.00.
13. Customers will not be allowed to enter or leave the premises with an open vessel of alcohol or consume alcohol outside the boundaries of the premises.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
15. Off sales of alcohol are not to include any super strength lagers, beers, or ciders where strength exceeds 6.5% ABV (alcohol by volume). This restriction shall not apply in respect of specialist branded, premium priced products - such as craft ales, local or micro-brewery specialist products, boxed gifts or national celebratory or commemorative beer, lager or cider.