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 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) 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.
(5) 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.
(6) 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.
(7) 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
Public Safety
Appropriate fire safety procedures will be in place including fire extinguishers, fire blankets, internally illuminated signs, smoke detectors and emergency lights. All emergency exits kept free from obstructions
Prevention of Public Nuisance
All customers will be asked to leave quietly and reminded to respect the neighbourhood. No alcohol will be sold to any person under the influence.
Conditions agreed through mediation with Suffolk Constabulary at application stage
1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police. All entry and exit points will be covered, as will all areas where licensable activities are happening, enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 30 days with date and time stamping.
2. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 30 days period.
3. 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.
4. A staff member who is conversant with the operation of the CCTV 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 a Police or Authorised Licensing Officer recent data or footage with the absolute minimum delay when requested and be able to download relevant footage onto a disc or memory stick.
5. 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.
6. 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.
7. 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.
8. All staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent (which includes relevant in house training), within 3 months of commencing employment at the premises. All staff to be given refresher training every quarter.
9. Fully auditable training records should be maintained for all staff in respect of the sale of alcohol. These will be made available for inspection upon request to the Police and all other Responsible Authorities.
10. A 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) the date and time of occurrence, b) names of staff and persons involved (if known), c) details of all incidents, crimes reported, refusals of the sale of, the banning of customers, and d) any visits by relevant authorities or emergency services, and the purpose of the visit.
11. The Premises Licence Holder and staff will only purchase alcohol for stock from wholesalers who are registered under the Alcohol Wholesaler Registration Scheme (AWRS) as introduced by Her Majesties Revenue and Customs (HMRC).
12. Where the off sale of alcohol is through the internet or mail order the premises licence holder will ensure that for deliveries of alcohol, they will still operate the Challenge 25 policy whereby customers who do not look over 25 will be asked to provide proof of age to show that they are aged 18 or over at the point of delivery. By placing an order that includes alcohol the customer confirms they are over 18 years old. The premises licence holder will ensure that where a courier service or their own delivery drivers are used for deliveries of alcohol, that they use the Challenge 25 policy and record what ID they checked.
Advice given by the Suffolk Fire Authority
If any alterations are necessary which affect requirements B1 to B5 of the Building Regulations, then Approval must be obtained from a Building Control Body.
A suitable and sufficient Fire Risk Assessment must be carried out by a competent person and reviewed yearly, or whenever there is a significant change to the premises.
The premises should have a suitable level of fire detection in accordance with guidance, installed by a competent person.