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
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
General Conditions cont/d
1 The Licensee will ensure that effective training is provided to all staff so that they are aware of the licensing objectives.
Crime and Disorder
1. The Licensee will actively support the designated driver scheme.
2. 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.
3. The Licensee/DPS will actively participate in a local Pubwatch/Nightsafe scheme(s) (or similar) where such a scheme operates within the locality of the premises.
4. The Licensee will operate a “No Admissions” Policy after 23:00hrs Monday to Saturday and 22:30hrs on Sundays unless by prior agreement with the Police and Licensing Authority.
5. The Licensee will ensure that in the absence of adequate daylight, the lighting in any area accessible to the public will be fully operational.
6. The Licensee will ensure that plastic glasses are used for the consumption of alcohol at beer festivals.
7. The Licensee will ensure that training is provided to all staff relating to drunkenness and drug awareness.
Public Safety
2 The Licensee will carry out a weekly review of any risk assessment relating to the premises.
2. The Licensee will ensure that the premises are adequately supervised at all times it is open to the general public: either personally or by a manager or fully trained member(s) of staff.
3. The Licensee will comply with BBPA (British Beer and Pub Association) or other industry approved guidelines on point of sale promotions.
4. The Licensee will ensure that the following systems are maintained and inspected by a suitably qualified professional person in accordance with the appropriate British Standard an at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:
Safety appliances
Prevention of Public Nuisance
1. The Licensee will manage the premises in a responsible manner.
2. The Licensee will not adopt any drink promotion activities that undermine a policy of responsible drinking.
3. The Licensee will ensure that any traffic arriving and leaving the premises is sensibly managed to reduce the risk of nuisance to residents in the locality.
4. The Licensee will carry out regular checks inside/outside the premises and clear any litter.
5. The Licensee will ensure the premises are properly vented, and that noxious smells from the licensed premises are not permitted and cause a nuisance to nearby properties.
6. There shall be no performance of live music, no playing of recorded music and no other musical entertainment of a similar description, for example a karaoke or a disco, held outdoors.
7. The outside drinking area as detailed on drawing number 1419-LP1 and dated 28 January 2005 attached to the application shall not be used after 23:30hrs.
8. The volume of the amplification system for any description of musical entertainment shall be strictly controlled so that noise levels do not constitute a public nuisance to nearby premises.
9. A responsible person shall monitor the music levels outside the building, and implement any change to reduce the 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.
10. All windows and doors to the premises shall be kept closed other than for access or egress at all times when there are performances of live music, when recorded music other than in the form of amplified background music from a radio, CD player or other similar device, was being played and when there was other musical entertainment of a similar description, for example a karaoke or disco.
11. The Licensee will ensure admission to the premises is not permitted after 23:00 hours.
12. The Licensee will ensure that notices asking customers to leave quietly be appropriately positioned at the premises.
Protection of children from harm
1. The Licensee will provide sufficient staff with appropriate training who are able to deal with children who may be on the premises.
2. Children shall not be permitted on the premises after 21:00 hours unless taking part in a function or table meal, when they shall be permitted to remain on the premises until the end of that meal or function.
3. Children to be supervised in the play area by a responsible adult at all times.