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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: 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.
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).
ADHOC01
Crime - EMP
The Event Management Plan must address the issues surrounding crime and disorder. All events are required to identify and provide an adequate level of stewardship and SIA registered door security staff to work the pre-designated and defined areas of the event.
ADHOC02
Crime - Door Security
Door security personnel will be provided in accordance with section 21 of the Licensing Act 2003.
ADHOC03
Crime - Alcohol sales
The sale of alcohol will continue only to artists and sponsors after the public bars have closed and will be confined to a small area within a marquee.
ADHOC04
Crime - Licensable
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.
ADHOC05
Crime - Planned opening
If, within 7 days of then planned opening of the event to the public, the police are of the opinion that any of the conditions relating to public order are not complied with or will not be complied with they shall inform the Council s Chief Executive, Deputy Chief Executive or a member of the Council management Team nominated by the Chief Executive.
ADHOC06
Nuisance - Live Music
All live music events shall close at 23:00 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.
ADHOC07
Nuisance - Amplified music
Amplified voice and music volume sound levels and the means of control and monitoring sound levels shall be included in the Event Management Plan and agreed by the Fareham 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 acoustic instrument where its output is enhanced using any amplifier or microphone and amplifier.
ADHOC08
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.
ADHOC09
Nuisance - Event Staff
Where any 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.
ADHOC10
Children - EMP
A specific part of the Event Management Plan shall fully explore and identify the potential for any risk or harm to children. The necessary monitoring activities and procedures will be put in place to address the issues identified.
ADHOC11
Safety - EMP
The Event Management Plan shall take full account of public safety and in particular independent safety checks shall be made to all temporary structures erected on site and to the 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.
ADHOC12
Safety - Site Plan
The site plan shall show the location of an adequate number of designated appropriately staffed and effectively signed Emergency Exits.
ADHOC13
Safety - First Aid
The location of any First Aid facilities considered necessary shall also be shown on the site plan.
ADHOC14
Safety - Evacuation
A Site Evacuation Procedure shall be prepared as part of the Even management Plan for each event and all security staff, stewards and other event staff shall be fully briefed and made aware of its provisions.
ADHOC15
Crime - 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 Fareham Borough Council against all public liability risks in connection with the use of the premises and land to which this licence applies.
ADHOC16
Safety - SAG
The premises licence holder shall submit to the Safety Advisory Group a detailed Event Management Plan not less than 90 days prior to the commencement of the event. The Event Management Plan shall be produced in all cases and shall include a site plan and shall take account of the advice and requirements contained in The Event Safety Guide (HSG195, published by the Health & Safety Executive), Temporary Demountable Structures: Guidance on procurement, design and use (published by the Institution of Structural Engineers) and any other statutory and other guidance including local guidance.
ADHOC17
Safety SAG 2
The constituent bodies of the Safety Advisory Group will determine what may be a reasonable time for their consideration of any information required to be supplied to them by the premises licence holder. Any other time periods imposed for consultation or submission of information may be waived only with the express permission of Fareham Borough Council s Chief Executive, Deputy Chief Executive or a member of the Council management Team nominated by the Chief Executive should (s)he consider it appropriate.
ADHOC18
Safety - SAG 3
The premises shall not be used by the premises licence holder unless permission is given by a duly authorised officer of Fareham Borough Council. Such arrangement shall made in writing and confirm the date(s) for which permission to use the premises is given and contain the terms and conditions of hire. The contractual agreement must be signed by both parties and be in place at least 28 days in advance of the date of the event. The premises licence holder shall comply with the contractual terms and conditions and the conditions of this premises licence. In the event that the contractual terms and conditions are more restrictive than the conditions attached to the premises licence, the premises licence holder shall abide by the terms and conditions as if they were conditions of then premises licence.
ADHOC19
Safety - 1
The premises licence shall be restricted to no more than 4 events per calendar year for up to 4 days per event. No more than 2 events shall take place between May 1st to August 31st.
ADHOC20
Safety - 2
All events taking place with the use of the premises licence must be of a general community nature and not targeted at solely a younger audience (Grime, Drum and Bass, Concrete Trance, Techno music etc.).
ADHOC01
Safety - 3
Unless written agreement is made with Hampshire Police no glassware shall be permitted within perimeters of the premises licence.
ADHOC02
Safety - 4
Unless written agreement is made with Hampshire Police, each event shall be contained with at least 6 foot high Heras fencing. This will allow for the option of no fencing for low risk, free to enter events to take place if they fit sufficient low risk criteria.
ADHOC03
Safety - 5
Unless written agreement is made with Hampshire Police all members of the public entering the event shall be subject to bag, outer garment and metal detector wand searches as a minimum criteria.
ADHOC04
Safety - 6
An Event Management Plan shall be submitted to relevant Responsible Authorities not less than 90 days prior to the commencement of any event.
ADHOC05
Safety - 7
The Premises Licence Holder shall submit an initial Event Management Plan (EMP) to the Police Licensing Team and Local Authority Licensing Team at least 60 days in advance of each event. A final version of the Event Management Plan must be submitted to the Police Licensing Team and Local Authority Licensing Team at least 28 days prior to the event. This will include but not be limited to: (a) Event Management Structure, roles and responsibilities (b) Alcohol Management Plan (c) Security & Steward Management Plan (d) Major Incident and Emergency Plan (e) Medical Provision Plan (f) Evacuation Plan (g) Counter Terrorism Plan (h) Zero Tolerance Drugs Policy (i) Search Policy (j) Ejections Policy (k) Safeguarding Policy (l) Welfare Policy (m) Lost Child Policy (n) Vulnerable Adults Policy (o) Adverse weather plan
ADHOC06
Safety - 8
Once the Event Management Plan is submitted it shall not be changed without agreement of the Relevant Responsible Authority.
ADHOC07
Safety - 9
A breach of the Event Management Plan will constitute a breach of the premises licence.
ADHOC08
Safety - 10
A site plan including fixed bar locations shall be provided to Hampshire Police at least 7 days prior to each event. The bar locations shall not deviate from the plan.
ADHOC09
Safety - 11
No sale or supply of alcohol shall take place at any bar unless a Personal Licence Holder is present at the bar.
ADHOC10
Safety - 12
All bars shall contain a copy of the premises licence conditions relevant to bars.
ADHOC11
Safety - 13
All bar managers shall have radio link contact with Event Management and security staff.
ADHOC12
Safety - 14
Each bar shall have a copy of the premises licence summary on display.
ADHOC13
Safety - 15
The Designated Premises Supervisor shall be on site and available to liaise with the Police in order to deal with any issues arising as a result of licensing matters.
ADHOC14
Safety - 16
At least 2 members of the SIA security team shall have possession of body worn video on their person and available for use.
ADHOC15
Safety - 17
All security staff (SIA and stewards) shall wear high visibility clothing unless otherwise agreed with Hampshire Police.
ADHOC16
Safety - 18
No shots or spirits without mixers shall be sold.
ADHOC17
Safety - 19
No alcoholic drink shall be sold, or offered as complimentary samples, away from the bar area without permission from Hampshire Constabulary.
ADHOC18
Safety - 20
A minimum of 1 x SIA staff member shall be present at each bar area to assist staff in the management of customers at the bar.
ADHOC19
Safety - 21
All staff shall be issued with identification to identify them as working at the event.
ADHOC20
Safety - 22
The premises licence holder shall ensure that a training package is in place in order for all staff involved with the sale or supply of alcohol to be sufficiently trained in licensing matters proportionate to their role and aware of their responsibilities. Particular attention should be paid to underage sales / ID verification and the refusal of alcohol sales to a drunk person. Records shall be kept of this training, dated and signed by the staff member and trainer. Refresher training shall be completed at least every 12 months - again with documented records made and to be available for inspection from Police and other responsible authorities. A written record shall be retained at each bar to show the staff that have been authorised to sell alcohol. This shall be made available to the Police and other responsible authorities on request.
ADHOC01
Safety - 23
Challenge 25 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 licence 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.
ADHOC02
Safety - 24
Challenge 25 signs, Fake, Alter and Borrowed ID signs and welfare / vulnerability signs shall be in place at all bars, clear for the public to see
ADHOC03
Safety - 25
Acceptable forms of ID shall be Home office approved ID.
ADHOC04
Safety - 26
A refusals and ID checking log or book shall be retained at each bar to record refusals and ID checks made.
ADHOC05
Safety - 27
There shall be an on-site welfare provision / location.
ADHOC06
Safety - 28
SIA staff and stewards shall assist with the egress away from the premises at the end of the evening.
ADHOC07
Safety - 29
Unless written agreement is made with Hampshire Police queue lanes shall be in place at any volume bars.
ADHOC08
Safety - 30
Requests for variations to these conditions for Lee Victory Festival 2023: This site has a permanent perimeter security fence, we will be separating the car park from the event site with heres fencing and the remaining internal perimeter will be pedestrian barrier to separate the event site from airside operations, this has been agreed with the airport operaters. We would like to waive this condition in relation to 1 market stall that will be selling Gin for consumption off site, they would like to offer 10ml samples and have been instructed to inform purchasers that they can t consume their purchase on site and can collect it when leaving the event if this is acceptable. We will have a permanent SIA person at the main bar at all times on a rotating shift, we will have 2 satellite bars (all bars are the same operator) I would like to request that the 4 man roaming SIA team can cover these as opposed to being static, the main bar will be adjacent to the mainstage in the big top and be 12m long, the satellite bare will be a small bus and a gazebo so will not have as much throughput. All in radio coms with SIA and Management. Historically, we have not seen the need for queuing lanes at the primary bar people are rarely waiting longer than 5 minutes to be served and there have never been any overcrowding issues, we have increased the capacity at this particular event an expect 1-2,000 extra people throughout the day, I do not foresee the need for this setup however if your experience suggests otherwise I would be happy to discuss a plan on what you feel works effectively.
ADHOC01
Nuisance - Alcohol sales
The licence shall only authorise the sale of alcohol as ancillary to an organised event being held on the premises with the express permission of Fareham Borough Council or its successor as the owner of the premises and only so long as any or all conditions imposed by or agreed with the Council (or its successor) relating to the event are being complied with.
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