Mandatory Conditions where the licence authorises the sale of alcohol
1 No supply of alcohol may be made under the premise licence -
(a) at a time when there is no designated premise supervisor in respect of the licence , or
(b) at a time when the designated premise supervisor does not hold a personal licence, or his licence has been suspended.
2 The supply of alcohol under a premises licence must be made or authorised by a
person who holds a personal licence.
Irresponsible Drinks Promotions - Mandatory Conditions
3. (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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Age Verification Policy - Mandatory Condition
5. (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.
Availability of different Measures - Mandatory Condition
6. 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.
Mandatory condition where Door Supervisors are provided
All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)
Alcohol Pricing
1. 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.
2. For the purpose of the condition set out in paragraph 1-
(a) “duty” is to be construed in accordance with the Alcohol Liquor duties Act (1979)
(b) “permitted price” is the price found by applying the formula -
P=D + (DxV)
Where-
(i) P is the permitted price
(ii) D is the rate 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;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premise licence -
(i) The holder of the premise licence
(ii) The designated premise 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
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph (2) 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
Conditions Consistant with the Operating Schedule
General Licensing Objectives
Continue to offer a family friendly restaurant with a good management
Staff training to ensure adequate supervision and maintenance of current fire restrictions
Protection of Children From Harm
There shall be in place for the premises a written policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy shall require any person who appears to be under the age of 25 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence or passport indicating that they are over 18 years of age.
A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
All staff will successfully complete training in age related products prior to operating a till on the sales floor. Refresher training will also be successfully completed not more than every 3 months, this will be fully documented and be available for inspection to police officers or other authorised persons.
There will be no adult entertainment services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children
Embedded Conditions
On New Year’s Eve alcohol may be sold from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day
An additional hour to the standard times on the day when British Summertime commences
Suitable non-alcoholic beverages, including drinking water, shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.
The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.
Non standard timing
On Christmas Eve alcohol may be sold from the end of permitted hours on Christmas Eve to the start of permitted hours on the following day
Conditions Consistant with the Operating Schedule updated regarding Application to vary granted 2nd December 2022
Licensing Objectives:
A)
We will promote all four licensing objectives together ensuring that our customers and members of the public are safe by doing the following:
- Employing Security Staff during expected busier periods.
- A satisfactory CCTV system is in place.
- A notice will be displayed stating the CCTV is in operation on entrance.
- NO Glasses or Bottles in public areas.
- No Glasses or Bottles Allowed Outside the front in busier periods.
- All instances of crime or disorder will be notified and where necessary CCTV forwarded to the Police.
- We will have a capacity limit in place to prevent overcrowding which could lead to crime and disorder.
- Door Supervisor will ensure that capacity is not exceeded in busier times.
- We have proof of age policy, challenge 25.
- With Signage on show for all customers to see.
- Irresponsible drink promotion will not be permitted.
- The DPS or personal license holder will be on when any promotions are taking place.
- We have an anti drug use or sell policy which will be signed within the building.
- The police will be notified when a seizure of drugs takes place.
- A personal license holder will be on site when alcohol is being sold.
- Free drinking water will be available at all times.
- Doors and Windows will be closed when regulated entertainment is taking place.
- The Premises has a waste collection contract with Lancaster City Council who remove waste.
- Staff will undertake a litter pick outside the restaurant where necessary.
- The premises operates a proof of age policy which has been agreed with the police.
- There will be no activities of nudity on the premises at any time.
B) PREVENTION OF CRIME AND DISORDER
In order to prevent the chance of crime and disorder within our venue we are going to have security staff on the predicted busier periods which is not stated in our lease as a requirement which can monitor the situation of each individual and group entering the premises and act upon there qualified judgement.
C) PUBLIC SAFETY
- Employing Security Staff during expected busier periods.
- A satisfactory CCTV system is in place.
- A notice will be displayed stating the CCTV is in operation on entrance.
- NO Glasses or Bottles in public areas.
- No Glasses or Bottles Allowed Outside the front in busier periods.
- All instances of crime or disorder will be notified and where necessary CCTV forwarded to the Police.
- We will have a capacity limit in place to prevent overcrowding which could lead to crime and disorder.
- Door Supervisor will ensure that capacity is not exceeded in busier times.
- We have proof of age policy, challenge 25.
- With Signage on show for all customers to see.
- Irresponsible drink promotion will not be permitted.
- The DPS or personal license holder will be on when any promotions are taking place.
- We have an anti drug use or sell policy which will be signed within the building.
- The police will be notified when a seizure of drugs takes place.
- A personal license holder will be on site when alcohol is being sold.
- Free drinking water will be available at all times.
D) THE PREVENTION OF PUBLIC NUISANCE
- Doors and Windows will be closed when regulated entertainment is taking place.
- The Premises has a waste collection contract with Lancaster City Council who remove waste.
- Staff will undertake a litter pick outside the restaurant where necessary.
- All ventilation and extra systems are designed and maintained to prevent noxious smells causing a nuisance.
- The playing of music outside the premises and in the rear garden will not be allowed after 21:00.
- Disposal of empty bottles into bins outside the premises will not be between 23:00 and 07:00 to minimise disturbance to nearby occupiers.
E) THE PROTECTION OF CHILDREN FROM HARM
- The premises operates a proof of age policy which has been agreed with the police.
- There will be no activities of nudity on the premises at any time.
- When children on the premises there will be a no smoking area which provides suitable area for children and families wishing to be separated from smoking areas will be available.
Police Conditions
CCTV
CCTV equipment shall be installed and be maintained in good working order in accordance with the manufacturer's instructions. Training should be provided for staff members in the usage of the CCTV equipment. CCTV footage recorded must, as a minimum, cover each entry/exit point of the premises and be recording at all times when the premises is conducting licensable activities.
The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 21 days.
The Data Controller will make footage available within a reasonable time to a Police Constable or Authorised Officer, where such request is made in accordance with and which satisfies the Data Protection Act 1998.
DRUGS
A zero tolerance approach to drugs will be promoted via appropriate signage in the premises. Any person found to be in possession of drugs must be reported to the police immediately upon being apprehended.
NO VERTICAL DRINKING
The provision of food, including full meals and snacks will form a substantial element of the operation of the premises with sufficient furniture and seating provided and set out in such a way that it does not become a high volume, vertical drinking establishment.
RISK ASSESS DOORSTAF
Any requirement for SIA Door Staff to be on a risk assessment basis such as:
Music Festivals, St Patrick’s Day, Bank Holidays, last Friday before Christmas known as ‘Black Eye Friday’, Any showing of major sporting events including Boxing, Football (World Cup, European Championships, Premier League), Wrestling etc,
Where there is information from Police where security is needed such as a wake, funeral or high tensions in the area and community.
Also consideration for SIA Door Staff for Private Bookings or events such as Christenings, Birthdays, Funeral Wakes where there is a possibility of large numbers of patrons.
The DPS must risk assess these events and have in place sufficient SIA Door Staff cover to manage the premises and ensure the Licensing Objectives are being promoted.
Any bookings, events etc where large numbers expected (large numbers being in excess of what the DPS usually expects on any given day of trading) then the DPS is requested to email Police Licensing.
Management are welcome to contact Police Licensing for any advice on these matters.
Guidelines for SIA Door Staff are 2 x SIA Door Staff cover for the first 100 patrons then a further 1 x SIA Door Staff cover for each 100 patrons therein.
Should Door Staff be used at any time then a written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:-
· the door supervisor's name, date of birth and home address
· his/her Security Industry Authority licence number
· the time and date he/she starts and finishes duty
· the time of any breaks taken whilst on duty