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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 - After bar closed
The sale of alcohol will continue only to artists and sponsors after the public bars have closed.
ADHOC2
Crime - Event Management Plan
Event Management Plan will address the issues surrounding Crime & Disorder. All events are required to identify and provide an adequate level of stewardship and SIA registered Door Security staff to work in the pre-designated and defined areas of the event. The Premises Licence Holder shall produce and comply with the most recent event management plan for the event. The Police & Licensing Authority shall have access to the most recent event management plan on request. Any breach of the event management plan shall be seen as a breach of the premises licence. The final Event Management Plan shall be passed to the Police and Licensing Authority within 7 days of the event. If within 7 days of the event or during the event the EMP needs to be amended, this shall require agreement from the relevant Responsible Authority. Deviation from the EMP at this stage shall only be in exceptional circumstances. The event will have an event log in place. This will be kept up to date by event management and will be used to record all significant policy decisions made during the event by staff. This log will be available to the Police and Licensing Authority for inspection at any time during the event. A site plan shall be produced to highlight the key facilities and attractions of the site. This shall include the bar location. The Premises Licence Holder shall provide written policies on the following: - Alcohol Management Plan ? Detailing how the premises shall perform the sale of alcohol responsibly and minimise the risk of alcohol related harm. - Security Plan ? Detailing the details, roles and hours of work for SIA registered security staff and non SIA-registered Marshalls. - Egress Plan ? Detailing how the premises shall manage egress from the premises. - Welfare / Vulnerability / children and young person?s Plan ? There shall be a written policy stating how staff and management will safeguard children and vulnerable persons who are on site during the festival.
ADHOC3
Crime - Security agreed with Police
No licensable activity shall take place unless the number of stewards and security personnel for the event is agreed with the premises licence holder by the Police no later than 7 days before the event is planned to open to the public. The Premises Licence Holder shall ensure that there are sufficient SIA registered sufficient staff and stewards on duty to safely operate the event and promote the licensing objectives. This shall be reflected within the Security Plan. The specific number of stewards, marshals and front line SIA staff shall be recorded in the Event Management Plan (EMP). The numbers of daily staffing will reflect the different challenges of the individual days and events / functions. The licence holder shall maintain a register giving details of each and every person employed in the role of security and shall include the following details: - The name, date of birth, SIA licence number and residential address of that person. - The times they commenced that period of duty. - The times they finished that period of duty. The register shall be in paper or digital format and shall be made available to Police or Licensing Authority. Any person employed in a security or stewarding capacity shall wear a fluorescent/reflective tabard/Jacket. The only exception to this shall be if the person is performing a back of house security function, VIP protection or if the person is performing a covert role. All security persons shall be able to have access to a radio in order to communicate with one another.
ADHOC15
Crime - training
A personal licence holder shall be present to manage the bar. No sale of alcohol shall take place without a personal licence holder present at the bar. A summary of the premises licence shall be displayed at the bar. The Licence Holder shall ensure that all members of staff involved in the sale of alcohol receive training with regards to key licensing matters. This training must include the following: - The Licensing Objectives - Recognising signs of drunkenness and intoxication through drugs - Challenge 25 and accepted forms of identification - Refusal logs, including when and how to use them - Sales of alcohol to persons under 18 - Fake, Altered and Borrowed ID processes - Vulnerability Awareness This training must be centrally completed. Cascade training shall not be the default training method. This training must be documented, signed to state it is understood by each person involved in the sale of alcohol. No person shall sell alcohol until they have received the training and signed the training document. Documentation of trained staff shall be made available to the Police and Licensing Authority upon request. Any person involved in the sale or supply of alcohol shall have a lanyard to be worn on their person detailing the training they have received.
ADHOC16
Crime - Sale of alcohol
Alcohol shall only be sold the bar stated on the site plan for the event. Alcohol shall not be sold from any other point.
ADHOC17
Crime - Log book
A refusals and ID checking log in paper or digital format shall be in operation at the bar. The log shall be maintained throughout the event and be made available to the Police upon request.
ADHOC18
Crime - Premises licence info
The bar shall have on display a document showing details of the name of the bar manager, their personal licence number and the hours the bar is open. The bar manager shall be made aware of the premises licence conditions. A copy of the full premises licence shall be made available at the bar and available for inspection by the Police and Licensing Authority.
ADHOC19
Crime - Radio link
The bar manager shall have access to a radio link with the event management and security.
ADHOC20
Crime - No glass
No drinking vessels or bottles sold at the bar shall be made of glass. The only exception to this shall be the VIP area of the bar in accordance with the agreement in place with the Police.
ADHOC21
Crime - spirits
Any shots, shooters or spirits shall be sold with a mixer. There shall be no spirits served as shots or shooters with the exception of Pusser?s rum to be served in the VIP area at the discretion of the DPS and in accordance with the agreement in place with the Police.
ADHOC22
Crime - Security
1 x SIA accredited Security shall be positioned within close proximity of the bar whilst alcohol is available for sale. This person shall have access to a radio link with event control.
ADHOC23
Crime - Licensing checks
There shall be on site at all times a person nominated by the licence holder to liaise with the Police and Licensing Authority in order to deal with any issues arising as a result of licensing checks performed at the event. Where possible this shall be the Designated Premises Supervisor.
ADHOC24
Safety - Welfare point
There shall be an area within or close to the licensable area dedicated to dealing with vulnerable persons. There shall always be on duty in this location a person nominated as in charge. Staff working at the welfare location shall have access to a radio connecting with event control.
ADHOC8
Safety - Public Liability
The Premises Licence Holder must carry a minimum of #10 million Public Liability Insurance to the satisfaction of the Council's Head of Leisure and Cultural Services to indemnify Gosport Borough Council against all Public Liability Risks in connection with the use of the premises and land to which this license applies.
ADHOC7
Safety - Evacuation procedure
A Site Evacuation Procedure shall be prepared as part of the Event Management Plan for each event and all security staff, stewards and other event staff shall be fully briefed and made aware of its provisions.
ADH0C6
Safety - First Aid
The location of any First Aid facilities considered necessary shall also be shown on the site plan.
ADHOC5
Safety - Emergency exits
The site plan shall show the location of an adequate number of designated appropriately and effectively signed Emergency Exits.
ADHOC4
Safety - Event Management Plan
The Event Management Plan will take full account of public safety and in particular independent safety checks shall be made to all temporary structures erected on site and to perimeter fencing and crush barriers by competent persons agreed by the Council's Lead Officer for Health & Safety not more than 7 days before the planned opening of the site to the public.
ADHOC25
Safety - Dance
The Saturday evening dance shall be within a contained area in order to ensure that only guests with tickets are able to enter.
ADHOC12
Nuisance - Event personnel
Where an event is planned to last for more than one day, event staff, trade stall holders and other personnel on site after the event has closed to the public shall not be permitted to play any amplified music, radios or amplified recorded music overnight.
ADHOC11
Nuisance - Risk assessments
Risk assessments will be undertaken for all events and as a result steps will be taken to avoid public nuisance being caused to residents in the immediate and surrounding areas.
ADHOC10
Nuisance - Amplified music
Amplified voice and music volume sound levels and the means of control and monitoring of sound levels shall be included in the Event Management Plan and agreed by Gosport Borough Council's Head of Environmental Health. The term "amplified music" shall include recorded music and radios, musical instruments through the use of an amplifier, amplified voices through the use of a microphone and amplifier or through a public address system. The term "amplified music" shall also include the playing of any acoustic instrument where its output is enhanced using any amplifier or microphone and amplifier.
ADHOC9
Nuisance - Live music
All live music shall close at 2300 hours. Events shall be supervised by stewards and SIA registered security staff. Where appropriate, noise monitoring will be undertaken by the Premises Licence Holder, both on site and at the perimeter of the site, to minimise the nuisance to residents living close to the venue.
ADHOC28
Nuisance - Amplified music
All amplified music from the stage and any traders or fairground attractions will cease at 23:00.
ADHOC26
Nuisance - Music Noise Level
The Music Noise Level (MNL) should comply with the Code of Practice on Environmental Noise Control at Concerts (3.1 Table 1) or not exceed levels agreed by the LA and SAG committee. For this licence up to 3 concert days per calendar year in an urban venue, the MNL should not exceed 65dB(A) over a 15 minute period measured at 1 metre from the facade of any noise sensitive premises.
ADHOC27
Nuisance - Noise from attractions
The Licence Holder shall exercise effective control, as determined by the LA / SAG Committee, over the noise generated by fairground attractions or traders on site where amplified music is being played or other noise generated.
ADHOC14
Children - Challenge 25
The bar shall operate a ?Challenge 25? Policy whereby anyone looking under 25 shall be required to produce a suitable form of identification to prove they are 18 or over. Challenge 25 signage shall be clearly visible to customers attending each bar. Any person attempting to buy alcohol, who appears under the age of 25 shall be required to produce satisfactory photo-card identification. Acceptable ID shall be: - Valid Passport with hologram - Valid EU Driving Licence - Valid Pass Approved Identification - Valid Military Identification with Date of Birth Any person appearing under the age of 25 and unable to produce the above forms of identification shall be refused the sale of alcohol
ADHOC13
Children - Event management plan
A specific part of the Event Management Plan shall fully explore and identify the potential of any risk or harm to children. The necessary monitoring activities and procedures will be put in place to address the issues identified.
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