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Licensing Act 2003 - Licence Condition Detail

condition code
Description
MAN19
Mandatory-Supply of alcohol
Licensing Act 2003 Section 19 - Supply of alcohol Where a premises licence authorises the supply of alcohol, the licence must include the following conditions: that 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. every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
MAN19A1
Mandatory-Drinks Promotions
1.The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance or harm to children- (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act); (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; (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on- (i) the outcome of a race, competition of other event or process, or (ii) the likelihood of anything occurring or not occurring; (e) 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.
MAN19A2
Mandatory-No dispensing into mouth
The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability)
MAN19A3
Mandatory-Tap Water
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
MAN19A4
Mandatory-Age Verification
(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. (2) 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 a holographic mark.
MAN19A5
Mandatory-Alcohol measures
The responsible person shall 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: 1/2 pint; (ii) gin, rum, vodka or whisky: 25ml or 35ml; and (iii) still wine in a glass: 125ml; and (b) customers are made aware of the availability of these measures.
MAN19A6
Mandatory - Condition Permitted Price
Alcohol minimum permitted price - from 6 April 2014 - on and off sales/supply 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 x V) 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 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) "valued 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.
MAN21
Mandatory-Door Supervision
Door Supervision (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority. (2) But nothing in subsection (1) requires such a condition to be imposed - (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or (b) in respect of premises in relation to- (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or (ii)any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act). (3) For the purposes of this section- (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
SAFETY1
Safety-Standard Conditions
1. INSPECTION 1.1 ALL PARTS OF THE LICENSED PREMISES must be open to inspection at all reasonable times by: (a) Duly authorised officers of the Council; (b) Police Officers; and (c) Fire Officers 2. THE PLAN 2.1 The premises must at all times comply with the plan deposited with the Council. The plan must be to a scale of 1:50 and include the following details: * Layout of the premises * Emergency exits and any external escape routes * Location and type of fire fighting equipment * Location of emergency lighting units (whether maintained or non maintained) * Fire alarm call points * Public telephone * Sanitary accommodation including w.cs, urinals and wash hand basins * Potable drinking water points * Fixed and moveable seating and table plan * Any storage area for combustible materials or flammable liquids * Any areas set aside for disabled persons * All fixed furniture e.g. bars, ticket booths, stages, DJ consoles, dance floor, pool tables etc. 2.2 Any changes to the details contained in the plan (see condition 2.1) must be approved in writing by the Council. A revised plan must be submitted to the Council at least 28 days prior to the commencement of work. 3. MANAGEMENT 3.1 THE LICENSEE(S) must ensure the permissible number of people is not exceeded. The permitted number includes patrons, staff and performers. 3.2 The relevant licence(s) (or a clear copy) must be conspicuously exhibited at all times to the satisfaction of the Council, in or near the licensed area, in such a position that it can be easily seen by people using the area. The licence must be adequately protected against theft, vandalism or defacement. 3.3 THE LICENSEE(S) must take all necessary precautions for the safety of the public, performers, competitors and employees. Any instructions regarding safety given by an officer listed in 1.1 above, must be put into immediate effect. 3.4 In the absence of the LICENSEE(S) a responsible person, at least eighteen years of age, must be in charge of, and present in, the premises whenever entertainment is provided. Details of any nomination must be entered in the log book (see 3.9) prior to the public entertainment taking place.
SAFETY2
Safety-Standard Conditions
3.5 All parts of the licensed premises including fittings, seating, door fastenings, floor surfaces and coverings, notices, steps, staircases etc and all electrical installations must be maintained in clean and good order. 3.6 Safe, suitable and sufficient means of heating and ventilation must be provided to the satisfaction of the Council. 3.7 No exhibition, demonstration or performance of hypnotism, mesmerism or any similar act may be given without the written consent of the Council. An application for consent must be in writing and signed by the applicant or his agent and must normally be made not less than 28 days in advance of the performance concerned. This period may be reduced in the case of a hypnotist who has performed at the same venue within the last three years without any problems occurring. The authority will normally respond within 7 14 days; less where the hypnotist has previously performed at the same venue. 3.8 No entertainment involving special effects (e.g. pyrotechnics, real flames, smoke machines, firearms, strobe lighting, foam parties, lasers etc) or any sporting event involving SPECIAL RISKS OR DANGER may take place without the written consent of the Council. Applications must be made, in writing, not less than 28 days before the event and addition conditions will apply. 3.9 A log book must be maintained on the premises and kept available for inspection by any of the officers listed in condition 1.1. This log book must contain the following information and documents. * Dates and times of visits of any officers, their names and observations made * Copies of inspection reports e.g. electrical installation, gas installation emergency lighting, fire fighting equipment, fire alarms, ceiling fixings, lifts, hoists etc * Details of routine testing of the emergency lighting and fire alarm systems in accordance with the current British Standards (including dates, times, people carrying out tests, faults found and rectification dates). * List of registered door security persons on duty that day. * Details of events such as fire drills, incidents involving fires, disorder, drugs, items seized by door/security staff etc (including dates, times and any comments). * The name and address of any person nominated to act in the absence of the licensee and the date when he or she is acting in that capacity. 4. DISTURBANCE AND PUBLIC ORDER 4.1 No entertainment may be held if it causes an unreasonable disturbance to the occupiers of any other premises. 4.2 THE LICENSEE(S) must at all times ensure, as far as is practicable, that people on, or leaving, the licensed premises conduct themselves in an orderly manner, and do not cause annoyance to the neighbourhood. 5. EMERGENCY TELEPHONES 5.1 If no telephone service is available in the premises a notice must be displayed in a conspicuous place, giving particulars of the nearest telephone together with details of how to summon the emergency services. 6. ELECTRICAL INSTALLATIONS 6.1 The power, lighting and emergency lighting systems must be maintained so as to prevent danger. The Council requires that a certificate of examination and test of these systems is obtained from a competent electrical contractor. This company/person must be a member of the Electrical Contractors? Association (ECA) or the National Inspection Council for Electrical Installation Contractors (NICEIC). A copy of the current certificates must be submitted with any application for grant or renewal of a licence.
SAFETY3
Safety-Standard Conditions
6.2 No alterations or additions to the electrical installation, either permanent or temporary, may be carried out without prior approval from the Council, (see condition 2.1). Alterations must be carried out by a qualified electrician in accordance with the current Institute of Electrical Engineers Regulations. An additional certificate of examination and test must be obtained and submitted to the Council within 14 days of the completion of the works. 6.3 The electrical supply to musical instruments, amplification equipment and any other portable equipment must be fitted with a residual current device (RCD) of 30 milliamp rating. 6.4 There must be sufficient, correctly installed and rated, electrical power sockets within the premises to stop the use of long trailing flexes to portable equipment and/or multi-socket adapters. Where equipment is suspended by ropes, cables or other combustible materials, safety chains or other non-combustible means of support must be provided. 7. GOOD ORDER 7.1 THE LICENSEE(S) must ensure that no person is admitted to or remains in the premises whilst in a state of intoxication. If any person acts in an offensive manner, or to the annoyance of other people, he must be removed immediately from the premises. 7.2 No profanity or impropriety of language, dress, dance, gesture, strip tease or anything which is in any way offensive to public feelings is permitted on the premises, unless a warning is displayed on advertisements, posters and tickets. Nothing calculated to produce a disturbance or a breach of the peace is permitted on the premises. 7.3 No poster, advertisement, photograph, sketch, synopsis or programme may be displayed, sold or supplied on the premises, by or on behalf of THE LICENSEE, which is likely to be injurious to morality or encourage or incite crime or lead to disorder or be offensive to public feeling, or anything which contains any offensive representation of a living person. 7.4 No part of the premises must be used by prostitutes for the purposes of soliciting or conducting their business. 7.5 All members of staff must be instructed in the safety precautions to be observed and the action to be taken by them in the event of fire or emergency. 7.6 At entertainments attended by adults there must be one attendant provided for every 100 people, or part thereof. At entertainments attended by children under the age of sixteen at least two attendants must be provided for every hundred children or part thereof. In either case there must be at least one attendant per exit, whichever is the greater. All attendants must be over eighteen years of age, readily identifiable to members of the public at all times and must not consume alcohol whilst on duty. 7.7 The primary duties of attendants include: * Ensuring that no overcrowding occurs in any part of the premises * Keeping all gangways and exits clear at all times * Preventing standing on seats and furniture * Being aware of any special requirements needed to ensure safe evacuation in an emergency. Attendants do not include THE LICENSEE(S), responsible person acting for the licensee or bar staff. 7.8 Where people are employed or used in any premises licensed to hold public entertainment in order to: * Vet, regulate or control people entering the premises or * Supervise patrons to ensure good order, public safety or internal security The door security staff must be licenced with the Security Industry Authority. Where door security condition applies 7.6 and 7.7 are deleted and 7.8 and7.9 substituted.
SAFETY4
Safety-Standard Conditions
7.9 The number of Door Security Staff required will be: Nightclubs and venues where the Council considers there is a potential for disorder and other problems. 1 male and 1 female for the first 100 members of the public or part thereof; two additional door security staff for the next 100 members of the public or part thereof and 1 per 100 thereafter or part thereof. All other premises 1 per 100 members of the public or part thereof. 7.10 People awaiting admission to the premises must not be allowed to congregate except in positions approved by the Council in writing. Where people wait in queues for admission, THE LICENCEE(S) must do what is reasonably necessary to prevent people from obstructing the exits, external courts, passageways, stairways and ramps leading to the outside of the premises and adjoining premises. 8. SANITARY ACCOMMODATION 8.1 The sanitary accommodation must be clearly and legibly labelled to indicate for which sex it is intended. 8.2 All parts of the sanitary accommodation must be kept clean and properly maintained with provision for hand-washing including a constant supply of hot and cold water, soap and hand-drying facilities. 9. FIRE SAFETY 9.1 THE LICENSEE must ensure that the premises comply with the approved plan (see condition 2.1). 9.2 The emergency lighting system must be tested once a month and the fire alarm system must be tested once a week in accordance with the current British Standards, and a record kept of the tests in the log book (see condition 3.9). 9.3 All gangways, corridors, staircases, and external passageways intended for exit must be of sound, non-slip construction, properly maintained and kept free from obstruction. The edges of the treads of steps and stairways must be made conspicuous. 9.4 THE LICENSEE(S) must maintain artificial lighting in the premises at a level whereby the people and activities may be monitored and supervised. 9.5 All exit doors and gates must be unlocked with all bolts drawn and be available for egress during the whole time the public are on the premises. Where collapsible gates or roll up shutters are used, they must be locked in the open position whilst the public are present. 9.6 Before the public is admitted to the premises, THE LICENSEE(S) must inspect all doors and exits to ensure that they comply with condition 9.5 and that all panic bolts are in proper working order. 9.7 Seating, tables, chairs and other furniture and fittings must be so arranged as to allow free and ready access to exits. 9.8 Accumulations of refuse must be kept in proper containers until removed from the premises. 9.9 Fire fighting equipment must be provided and located as approved by the Council and be clearly marked to show their purpose. All extinguishing appliances must be inspected and maintained annually by a competent Fire Equipment Engineer. A certificate from the Fire Engineers must be obtained annually and kept available in the log book (see condition 3.9). A copy must be submitted to the Council with any application to renew the license.
SAFETY5
Safety-Standard Conditions
9.10 Combustible materials or flammable liquids must not be stored or allowed to accumulate except in areas approved by the Council and shown on the plan (see condition 2.1). 9.11 An event involving a closely seated audience must not be held without the written consent of the Council. Applications must be made not less than 28 days before the event and additional conditions will apply. 9.12 All decorations, hangings, curtains, carpets and furnishings must be of noncombustible, inherently non-flammable or flame-proofed materials. 10. GENERAL 10.1 All heating appliances must be adequately guarded to so as to prevent danger to any person. All such appliances must be situated a safe distance from combustible materials. 10.2 Liquefied Petroleum Gas heaters must not be installed or used in the premises without the permission of the Council. 10.3 An adequate supply of potable cold drinking water and a hygienic means of drinking it must be provided without charge to patrons. 11. DEREGULATION (SPECIAL HOURS CERTIFICATES) ORDER 1996 11.1 On the morning that British Summer Time begins, the permitted hours for the provision of music, singing and dancing at premises normally open between 0100 hours and 0200 hours will extend to one hour after the normally specified terminal hour. On-licences Permitted hours LICENSING ACT 1964 s.59, 60, 63, 67A, 68, 70, 74, 76. Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means: a. On weekdays, other than Christmas Day, Good Friday or New Year?s Eve, 10 a.m. to 11p.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, 10 a.m. to 11 p.m. f. On New Year?s Eve on a Sunday, 12 noon to 10.30 p.m. g. 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 31st December). The above restrictions do not prohibit: (a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises; (b) during the first twenty minutes after the above hours, the taking of alcohol is supplied or taken in an open vessel; (c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals; (d) consumption of the alcohol on the premises or the taking of 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
SAFETY6
Safety-Standard Conditions
(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 the alcohol so ordered; Note Section 60(4) of the 1964 Act permits licensing justices to modify permitted hours within particular districts. Where hours are modified, those hours should take precedence. In Gosport Borough Permitted hours were varied by South Hampshire Licensing Committee and permitted hours are 10:00 ? 23:00 Monday to Saturday for On-licence holders. Off-licences and off-sales departments of on-licenced premises Permitted hours. LICENSING ACT 1964 s.60, 63, 86. Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours mean: a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m. b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m. c. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m. d. On Good Friday, 8 a.m. to 10.30 p.m. The above restrictions do not prohibit: (a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel; (b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered; (c) the sale of alcohol to a trader or club for the purposes of the trade or club; (d) 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; Off-licence LICENSING ACT 1964 S.164 Consumption Alcohol shall not be sold in an open container or be consumed in the licensed premises. Justices? Licence Conditions 1. There shall be no sales of intoxicating liquor otherwise than to the following persons all of whom shall be at least 18 years of age. a) Members of the Bridgemary Rowner and Woodcot Association including members of its affiliated groups who have been members for at least 48 hours. b) Members of the Bridgemary Centre. c) Members of Staff of Bridgemary School and of the Bridgemary Centre. d) Persons engaged or employed by the BRW Association, Bridgemary Centre or Bridgemary Community School for the purpose of Work Management or entertainment. e) Bona Fide guests of persons included in Paragraphs a. to d. above. f) Persons attending bona fide functions of a social, sporting, cultural, educational or entertainment nature of functions of like character being held at the premises with the authority of the Warden and for which a booking has been made at least 48 hours in advance.
SAFETY7
Safety-Standard Conditions
2. There shall be no sales of liquor for consumption off the premises. 3. No persons under the age of 14 years shall be in that part of the premises which constitutes a bar as defined by Sec. 201 of the Licensing Act 1964 (subject to the exemption contained in Sec 171) during such times as the bar is being used for the sale and consumption of intoxicating liquor
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