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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 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).
MAN19A3
Mandatory-Tap Water
The responsible person must ensure that free potable 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 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.
MAN19A5
Mandatory-Alcohol measures
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: ? 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."
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.
MAN20
Mandatory-Films
Films 1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section. (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body. (3) Where- (a) the film classification body is not specified in the licence, or (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority. (4) In this section- "children" means persons aged under 18; and "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).
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, each such individual must: (a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or (b) be entitled to carry out that activity by virtue of section 4 of the Act. 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 (c12) (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, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) 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.
ADHOC1
Crime-Responsible Person
The premises licence holder shall ensure that when licensable activity is taking place at Nelson?s Bar and a personal licence holder is not present at the premises, a responsible person aged over 18 should be present who has written authority from the DPS to sell alcohol. This person shall be trained in licensing matters and fully competent to deal with all licensing issues that may arise within the premises. The person?s training will be documented and made available to the Police and other responsible authorities on request. On Monday to Thursday there will be no admittance of new customers to the licensed premises after 02:00 hours until closing. On Friday and Saturday there will be no admittance of new customers to the licensed premises after 02:30 hours until closing.
ADHOC2
Crime-Metal detector
A hand held metal detector is to be provided for carrying out regular searches of customers for any offensive weapons. Customers will be subjected to random searches I relation to drug matters.
ADHOC3
Crime-Communication
Two-way communication will be provided between door staff on the ground floor, the first floor and outside of the building.
ADHOC4
Crime-Glassware
All glassware will be of the toughened type.
ADHOC5
Crime-Cooling off period
On Monday to Saturday no alcoholic drinks will be served after 03:30 hours to allow a cooling off period. On Sunday no alcoholic drinks will be served after 01:00 ours to allow a cooling off period.
ADHOC6
Crime-ENC Glassware
Night Club only - The premises licence holder shall ensure that all drinking vessels including bottles are to be made of unbreakable material. Alcohol and soft drinks that are not available in such drinking vessels or bottles shall be decanted into appropriate unbreakable drinking vessels at the bar. This condition can be flexible if written agreement is received with the local Police to relax the condition.
ADHOC7
Crime-ENC Security Staff
Night Club only - The premises licence holder shall ensure that all security staff working both inside and outside of the premises will wear high-visibility outer garments in order to be easily identifiable.
ADHOC8
Crime-ENC Personal Licence Holder
Night Club only - The premises licence holder shall ensure that a personal licence holder is on duty at all times when Emma?s Night Club is open for licensable activity.
ADHOC9
Crime-ENC Refusals/Incident books
Night Club only - The premises license holder shall ensure that a refusals book/written log and incident book/written log are maintained at the premises. These records shall be retained for a minimum of 1 year and be made available to the Police and other responsible authorities upon request.
ADHOC10
Crime-ENC CCTV
Night Club only ?The premises shall have sufficient cameras located within the premises to cover a number of areas including all bar areas, the dance floor, and the entrances and exits to the premises. The system will be able to cope with strobe lighting (where used) and all levels of illumination throughout the premises as well as outside areas.
ADHOC11
Crime-ENC CCTV Warning signs
Night Club only ?CCTV warning signs to be fitted in public places.
ADHOC12
Crime-ENC CCTV Operating times
Night Club only ?The CCTV system must be operating at all times whilst the premises are open for licensable activities. All equipment shall have a constant and accurate time and date generation.
ADHOC13
Crime-ENC CCTV Recording
Night Club only ?The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 days.
ADHOC14
Crime-ENC CCTV Tamper proof
Night Club only ?The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with, ie password protected.
ADHOC15
Crime-ENC CCTV Trained staff
Night Club only ?There shall be sufficient members of trained staff at the premises during operating hours to be able to provide viewable copies immediately to Police on request when investigating allegations of offences or criminal activity.
ADHOC16
Crime-ENC CCTV Technical failure
Night Club only - In the event of technical failure of the CCTV equipment, the premises licence holder/DPS must take immediate steps to ensure that the system is repaired ASAP. Documents to demonstrate the steps taken must be shown to the enforcement officer on request.
ADHOC17
Safety-Fire safety
All fire safety equipment shall be tested in accordance with the conditions of the licence.
ADHOC18
Safety-Door stewards
Door stewards are trained in evacuation procedures.
ADHOC19
Safety-First aid boxes
First aid boxes are kept on both floors of the premises.
ADHOC20
Safety-Toilet inspections
Toilet inspections will be carried out on an hourly basis from 07:00 hours to 22:00 hours and half hourly from 22:00 hours to the close of the premises.
ADHOC21
Nuisance-Sound proofing
The first floor of the premises has been sound proofed to prevent public nuisance.
ADHOC22
Nuisance-Speakers
All speakers are mounted on springs to stop vibration.
ADHOC23
Nuisance-Closed doors
All ground floor doors are closed at 23:30 hours with Fire Exits for emergency egress.
ADHOC24
Nuisance-Noise limiter
A noise limiter is fitted to the music systems.
ADHOC25
Nuisance-Security Lights
Low level security lights are fitted to the rear of the building.
ADHOC26
Children-On premises
Children are permitted on the premises whilst accompanied by an adult person aged 18 or over, from the beginning of permitted hours until 20:30 hours.
ADHOC27
Children-ENC Challenge 25
Night Club only ?the premises licence holder shall ensure that a system is in place to ensure that every individual who appears to be under 25 years of age seeking to purchase or be supplied with alcohol at or from the premises, shall produce acceptable means of identification and age confirmation. Acceptable identification shall be a passport, photo driving license or PASS accredited photo ID. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.
ADHOC28
Children-Embedded Restrictions
EMBEDDED RESTRICTIONS PERTAINING TO THE CONVERTED LICENCE DEREGULATION (SPECIAL HOURS CERTIFICATES) ORDER 1996 1. On the morning that British Summer Time begins, the permitted hours for the provision of music, singing and dancing at the premises normally open between 01:00 and 02:00 hours will extend to one hour after the normally specified terminal hour. Special Licence Conditions GOSPORT BOROUGH COUNCIL LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982, CINEMAS ACT 1985 THEATRES ACT 1968 Subject to the terms, conditions and restrictions attached to this Licence: The maximum number of persons admitted to the premises should not exceed 350 in total (150 ground floor, 200 first floor) for which the minimum number of door security operatives should be as identified in Conditions 1 and 3 below (excluding the Licensee). 1. Door security shall be provided as follows: a. Up to 100 patrons, 2 security operatives including 1 female. b. 101 to 200 patrons, an additional 2 security operatives to be provided. c. 201 to 300 an additional female security operative d. 301 to 350 an additional security operative. 2. All security operatives shall be provided with a easily recognisable, non-intimidatory uniform. All security operatives when on duty will wear the uniform provided. 3. The contract of employment for all security operatives shall provide for disciplinary action, including dismissal against any such staff shown to be guilty of misconduct in dealings with the public. 4. The licensee(s) shall investigate any reports made to them by the Police concerning the actions of security operatives working on site and record their findings in the incident book. 5. The licensee(s) shall not undertake any actions that encourage the use of the Minnit Road entrance for access or egress from the site. 6. An incident book is to be maintained on site by the licensee(s). A record of all incidents of violence, disorder, crime or disturbance must be kept in this book. Where possible details of the incidents should include witnesses, names and addresses of persons involved and actions taken or recommended. The incident book must be made available for inspection by the Police or officers of the licensing authority. 7. Notices are to be placed and announcements made over the PA system requesting that patrons leave the premises as quietly as possible. Notices also requesting this must be securely fixed. 8. Sanitary accommodation on the ground floor should be made available to patrons on request. 9. The radio communication system between security staff is to be maintained to the satisfaction of the licensing authority. 10. All windows serving the ground floor premises known as Nelson?s Bar must be closed at 23:00 ours 11. A noise inhibiting device must be installed on all amplification equipment used in the ground floor room known as Nelson?s Bar. (This device must be installed to the satisfaction of the Environmental Health Services Department, Gosport Borough Council).
36 matches have been shown.



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