Annex 2 - Conditions Consistent with the Operating Schedule
General Conditions
Conditions imposed by JUSTICE ON-LICENCE - Licensing Act 1964, S 59, 60 and 63
1 Alcohol shall not be sold or supplied except during permitted hours.
2 In this condition, permitted hours means:
On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to 11 p.m.
b On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.
c. On Good Friday, 12 noon to 10.30 p.m.
d. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
e. On New Year’s Eve, except on a Sunday, 11 a.m. to 11 p.m.
f. On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m.
On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31 December).
3. The above restrictions do not prohibit:
a. the consumption of alcohol on the premises during the first 20 minutes after the above hours;
b. the taking of the alcohol from the premises (unless the alcohol is supplied or taken in an open vessel) during the first 20 minutes after the above hours;
c. the consumption of the alcohol on the premises by persons taking meals there during the first 30 minutes after the above hours, if the alcohol was supplied for consumption ancillary to those meals;
d. the consumption of the alcohol on the premises by, or, the taking, sale or supply of alcohol to any person residing in the licensed premises;
e. the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f. the sale of alcohol to a trader or club for the purposes of the trade or club;
g. The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
h. the taking of alcohol from the premises by a person residing there; or
i. the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j. the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
4. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a. He is the child of the holder of the premises licence.
b. He resides in the premises, but is not employed there.
c He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is not other convenient means of access or egress.
d. The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals
CHILDREN’S CERTIFICATES - Licensing Act 1964, S 168, 168A, 171, 201 and Schedule 12A
4. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a. He is the child of the holder of the premises licence.
b. He resides in the premises, but is not employed there.
c. He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
d. The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
e. i. He is in an area shown on the plan attached to the licence.
ii. Meals and non-alcoholic beverages are available for sale for consumption in that area.
iii. He is in the company of a person aged 18 or over.
iv. He is there: I) prior to 10.30 p.m. or ii) between 10.30 p.m. and 11.00 p.m. where he or the said person is consuming a meal purchased before 10.30 p.m.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as ancillary to their table meals.
Crime and Disorder
1. The Licensee/DPS will actively participate in a local Nightsafe scheme(s) (or similar) where such a scheme operates within the locality of the premises.
2. The Licensee will provide/install and maintain CCTV equipment at the premises in full working order. All recordings will be retained for at least 28 days and will be made available to an authorised officer of the Licensing Authority or Police on demand.
3. The Licence holder/Dps shall implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation.
4. The Licence holder/dps shall provide CCTV in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.
5. The Licence holder/Dps shall 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.
6. The Licence holder/Dps shall ensure CCTV cameras encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.
7. The Licence holder/Dps shall ensure CCTV equipment must be maintained in good working order.
8. The Licence holder shall keep CCTV recordings for a period of no less than 28 days, and assess to either viewing of the footage, and or copies of the footage, are made available to Police or Local Authority officer on demand.
9. The Licence holder /DPS shall ensure an appointed member of staff is available and competent at downloading CCTV footage in a recordable format either disc, vhs, or electronic storage device, to the Police/Local Authority upon reasonable demand.
10. The Licence holder/Dps shall ensure the Recording equipment and tapes/discs/device is kept in a secure environment under the control of the DPS or other responsible named individual.
11. The Licence holder/Dps shall 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.
12. The Licence holder/Dps shall keep and maintain an incident book on the premises at all times. The book shall detail any incident/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.
13. The Licence holder/Dps and all other staff shall ensure that no open bottles or vessels are taken off the premises by customers.
14. The Licence holder/Dps shall implement an ejection policy ensuring all instances of drunkenness, disorder, drug use or violence are challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in future. All such instances must be notified to the Police at the time of happening or as soon as possible thereafter using the appropriate method, emergency or non-emergency contact dependant on the circumstances. Where an offence of violence has been committed the premises management will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable. An incident book entry will be made on all occasions; timed, dated and signed by a member of staff.
15. The licence holder/Dps will ensure that all staff engaged in the sale of alcohol to be given suitable training in responsible alcohol retailing.Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training will be reviewed on a six monthly basis.
16. The licence holder/Dps will ensure that empty glasses and bottles, or other drinking vessels shall be regularly collected so as to ensure no accumulation in areas where the public have access.
17. The licence holder/DPS will ensure that no entry to the premises will be permitted after mid-night.
Public Safety
N/A
Prevention of Public Nuisance
1 The Licensee will take the appropriate steps (e.g. signage and/or sufficient staff on site) to ensure that customers behave in a quiet manner when using the outside area(s) of the premises and when departing.
2 All external areas as detailed on drawing number 1312.05.01 and dated 27 July 2005 attached to the application shall not be used after 23:30hrs.
3 The volume of the amplification system for any description of musical entertainment shall be strictly controlled so that noise levels are non-intrusive at the boundaries of nearby residential properties.
4 A responsible person shall monitor the music levels outside the building, and implement any changes to reduce the noise levels in accordance with any request by an authorised office of the Council immediately and ensure that volume is maintained at the reduced level.
Protection of children from harm
5 All members of staff at the premises will seek PASS accredited proof of age cards, photo-driving licences or passports as proof of age evidence from any person who appears to be under the age of 18 and who is seeking to purchase or consume alcohol on the premises.