Annex 1 - Mandatory Conditions
MC2
No supply of alcohol may be made under this licence:
a) at a time when there is no designated premises supervisor in respect of it,
or
b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
S19 Licensing Act 2003
MC3
Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
S19 Licensing Act 2003
MC6
(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).
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014
MC8
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014
MC9
(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 licences 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.
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014
MC10
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; and
(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.
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014
MC11
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 purposes of the condition set out in paragraph 1:
(a) ‘duty’ is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) ‘permitted price’ is the price found by applying the formula: P = D + (D×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;
(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.
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.
The Licensing Act 2003 (Mandatory Conditions) Order 2014
PEL - GENERAL
Maximum number of persons permitted on the licensed premises in respect of regulated entertainment:
Maximum Number of Persons:
Ground Floor 280
First Floor (Family Room) 100
Standard Conditions
N.B. PEL Conditions 1 and 2 are no longer relevant to this licence.
3. Police Constables for the County, authorised Officers of the Fire Authority and authorised Officers of the District Council shall, whilst on duty, be allowed to enter the licensed premises at all reasonable times, without payment.
4. Any fire prevention and safety measures that may be required by the County Fire Officer from time to time, must be complied with.
5. All fire fighting equipment, emergency lighting system and means of escape in case of fire must be regularly maintained and tested as required by the County Fire Officer.
6. Seating Units
6.1 Appearance and State of Furniture
All furniture should be kept in a good state of repair and seating units should be checked after each performance to ensure that no ignition sources are present. Torn covers must be removed and repaired immediately.
Those items of furniture which contain combustible foam should, wherever possible, be treated with a fire retardant substance to achieve and maintain non-flammable properties.
(Note: The advice of the manufacturers or of a reputable upholsterer should be sought before arrangements are made for any fire retardant works to be carried out).
2 Replacement and/or Refurbishment of Furniture
When settees, armchairs and other soft furnishing units are replaced or refurbished, combustion modified high resilient foam or equivalent must be used in an in-fill material and covers or barrier cloths must meet the appropriate British Standard.
7. Real or artificial smoke shall not be produced on the premises without the prior approval of the Licensing Authority.
8. The licensee must inform the Licensing Authority at least 7 days prior to a performance of the intention to use laser display equipment. The licensee will be responsible for ensuring compliance with Health and Safety Executive Guidance Note HSG (G) 95.
19. Overcrowding in such numbers as to endanger the safety of staff, patrons or performers shall not be allowed on any part of the licensed premises and the maximum number of persons permitted at any time shall not exceed the number prescribed by the Fire Officer.
10. The licensee shall take all precautions for the safety of the public and performers whilst on the premises and shall ensure that the licensed premises and any fittings, stairways, notices are maintained in good order and condition.
11. Whilst the premises are being used under the terms of this licence, all passages, gangways and fire exits and doors must be kept free of obstructions and the latter must remain unlocked.
12. No alteration shall be made to the structure of the licensed premises or the arrangement of public accommodation or exits without the written consent of the Licensing Authority given under this Act.
13. The licensee or the person in charge of the premises shall maintain and keep good order and decent behaviour on the licensed premises and shall not permit drunkenness.
14. No exhibition, advertisement, recitation, singing or dancing which is obscene, immoral, offensive to public decency or calculated to incite any breach of the peace shall be permitted on the licensed premises.
15. The licensee or person in charge shall be responsible for designating official stewards and shall ensure that one such steward (excluding cashiers and doormen) is in attendance for every two hundred and fifty persons in the premises. The steward(s) shall remain on duty inside the licensed premises during the whole time that the public are present and shall ensure that the approved capacity of the premises is not exceeded.
16. When a particular function at the licensed premises is organised by a person other than the licensee such person shall be responsible for complying with the license conditions.
17. No roller discos must be held on the licensed premises without the prior approval of the Licensing Authority.
18. The licensee shall ensure that sanitary conveniences and washing facilities are provided on the licensed premises for staff, patrons and performers to a standard required by the Director of Environmental Services of the East Lindsey District Council. (Appendix A)
19. The licensee shall not permit the use of the licensed premises to become a nuisance to persons in the neighbourhood and, in particular, shall take all necessary precautions to prevent persons in the neighbourhood being disturbed by noise. The licensee shall comply with any noise standard specified by the Licensing Authority.
20. When required by the Licensing Authority, automatic control of the volume output from any musical equipment shall be installed and set at a level as directed by the Licensing Authority.
N.B. PEL Condition 21 is no longer relevant to this licence.
Other Conditions: Not Applicable
Electrical Installation
The electrical installation for the whole building, including the emergency lighting system (where applicable) will be inspected and tested every three years in accordance with BS 7671:2001 and certified as satisfactory. In addition the installation will be fitted a Residual Current Device and the certificate will indicate accordingly. All certification will be certified by a competent person/business having one of the qualifications shown below:
Chartered Electrical Engineer
Approved Electrical Contractor on roll of National Inspection Council for Electrical Contracting
A Member of Electrical Contractors Association
Where remedial works or other action recommended by the competent electrical contractor is
brought to the notice of the licence holder, these will be notified to the licensing authority and
carried out within a reasonable period of time after consultation with the licensing authority.
Annex 2 - Conditions Consistent With the Operating Schedule
General
Not applicable
The Prevention of Crime and Disorder
The premises will operate to the BBPA code on drinks promotions.
The premises will operate to the Portman Code of Practice on promoting responsible drinking.
Public Safety
These premises are adequately equipped with seating for the majority of customers.
The Prevention of Public Nuisance
The performance of live music shall be limited to a maximum of four performers.
The Protection of Children from Harm
A proof of age policy to be applied with the accepted means of proof to include:
Passport
Photo Driving Licence
Citizencard
Portman Prove it Card
Any future accredited and accepted proof of age as defined by Lincolnshire Police.
Supervision to ensure that AWP Machines are not used by persons under 18 years of age.