Mandatory Conditions Supply of alcohol (Licenced Premises)
No supply of alcohol may be made under this licence:
at a time when there is no designated premises supervisor in respect of it, or
at a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.
Every sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence
Films
The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made:
by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or
by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) of the Licensing Act 2003 applies to the film.
Below Cost Alcohol Sales
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 -
P is the permitted price,
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
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:
the holder of the premises licence,
the designated premises supervisor (if any) in respect of such a licence, or
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.
Irresponsible 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).
Water
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Age Verification Policy
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.
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.
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.
Alcohol size 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:
beer or cider: ½ pint;
gin, rum, vodka or whisky: 25 ml or 35 ml; and
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.
ON LICENCE EMBEDDED RESTRICTIONS
* PERMITTED HOURS
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours mean:
a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to 11 p.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, 11 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 the alcohol from the premises unless the 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
(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 their employer or of the person carrying on or in charge of the business on the premises.
S77 Special Hours
(1) Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following, except that-
(a) the permitted hours shall end at midnight . . . on any day on which music and dancing is not provided after midnight; and
(b) on any day that music and dancing end between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end or, as the case may be, when the gaming ends;
(2) In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect-
(a) with the substitution of references to three o’clock in the morning for references to two o’clock in the morning.
(3) Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following, except that-
(a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
(b) where music and dancing end between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.
(4) On Sundays immediately before bank holidays, the permitted hours shall extend until 2 a.m. in the morning following, except that-
(a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
(b) where music and dancing end between midnight on any Sunday and 2 a.m., the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.
(5) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
CREDIT SALES
Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:
(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
(c) to a canteen or mess.
CHILDREN IN BARS.
On-licence, no children’s certificate:
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals
* In certain areas of West Lindsey, permitted hours may vary in accordance with sub-section (4) of S60-61 Licensing Act 1964 where the general licensing hours may commence at 10am on weekdays and Saturdays (excluding Christmas Day).
Please contact the Licensing Authority for further information.
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 AND FIRE SAFETY OF PLACES OF SPORT ACT 1987
Public Entertainments Licences - Terms, Conditions and Restrictions upon which this Licence is granted
1. There shall be affixed and kept up in some conspicuous place on the door or entrance of the premises so licensed as aforesaid, an inscription in the capital letters (not less than 1” high) in the words following:
“Licensed by the District Council of West Lindsey for public Music, Singing and Dancing, Indoor Sports (if applicable) or other public entertainment of the like kind.”
2. The licensed premises shall not be open for the purpose for which this licence is granted on any occasion when on specified grounds of public health or safety the licensing authority may so signify their desire in writing to the occupier or other person having at that time the control and management of the premises.
3. Police Constables for the County, authorised officers of the Fire Authority and District Council shall whilst on duty, at all reasonable times, be allowed to enter the licensed premises.
4. The licensee shall draw any user’s attention to the full conditions of the licence governing use of the premises.
5. The Licensee shall comply with any reasonable fire prevention and safety measures that may be required of him by the County Fire Officer from time to time and any reasonable recommendations by the Police, and the Council’s Environmental Health Officer.
6. If a statement of fire precautions and safety measures shall have been delivered to the licensee and to the West Lindsey District Council by the County Fire Officer not less than seven days before the date for granting or renewal of the licence, a requirement to comply with any matter contained in such a statement shall be deemed to form part of the conditions upon the grant or renewal of the licence unless the holder shall have objected to it and his objection shall have been upheld by the licensing authority.
7. The licensee and/or person in charge shall maintain and keep good order and decent behaviour and shall not permit drunkenness or other disorderly conduct on the licensed premises.
8. The licensee and/or person in charge shall not allow any lewd, obscene or indecent performances to take place on the licensed premises, or allow any indecent poster, advertisement, film, photograph or programme to be displayed or shown therein.
9. The licensee and/or person in charge shall:
(a) Take all reasonable precautions for the health and safety of the public, performers and employees on the premises:
(b) Ensure that the licensed premises and any fittings, stairways, notices, lavatories and seating are maintained in good order and condition.
10. Adequate and separate sanitary conveniences shall be provided for both sexes.
11. The licensee or person in charge of the premises shall ensure that any noise emanating from or caused by the use of the premises is such as not to cause annoyance to residents in the locality
12. No exhibition, demonstration or performances of hypnotism ( as defined in section 6 of the Hypnotism Act 1952 ) shall be given on any person at the place licensed except with the express prior written consent of the West Lindsey District Council and in accordance with any conditions attached to such consent.
13. Real or artificial smoke shall not be produced in the premises.
14. Laser effect lighting shall not be used except with the prior written consent of The West Lindsey District Council.
15. No alteration shall be made to the building either in construction, rearrangement or public accommodation or exits or otherwise except with the prior written consent of the West Lindsey District Council.
16. The premise shall be provided with suitable exits so placed and maintained as to afford staff, patrons and performers ready and ample means of safe egress. The means of exit from all parts of the licensed premises shall be kept free of obstruction and constantly in such a state as to be available for instant free egress. Exits shall be conspicuously indicated at all other times when the premises are in use.
17. Use of the premises is prohibited for roller discos without specific approval of the West Lindsey District Council.
18. (a) All stage equipment in use on the premises (including all lighting, video or sound amplification equipment and display models) fed from the socket outlets shall be protected by 30 MA residual current devices (RCD’s). (The devices shall form part of the permanent electrical wiring in the building i.e. plug in type RCD’s are not permitted).
(b) On application for renewal of the licence, an N.I.C.E.I.C. Inspection Certificate, signed by a registered and duly qualified Electrical Engineer, included on the approved list prepared by the N.I.C.E.I.C., shall be produced to the Solicitor to the West Lindsey District Council, or other Authorised Officer for the time being of the Council, confirming all RCD’s in the premises are in full working order and specifying that the time taken to operate at 30 MA be not more than 200 milliseconds and at 150 MA not more than 40 milliseconds.
19. All seating units utilising either standard or high resilient polyurethane foam as an in-filling material should be treated with an approved flame retardant in order to satisfy B.S.5852: Part 2: 1982 “Ignitability of upholstered composites for seating by flaming sources”. The treatment should be carried out in accordance with the manufacturers’ instructions and a test certificate provided to the satisfaction of the Fire Authority.
20. Employment of Door Supervisors in premises which are licensed annually for public entertainment:
(a) For the purpose of these requirements the term ‘door supervisor’ shall mean a person engaged, employed or otherwise used on premises, with authority and/or on behalf of the owner, landlord, or licensee, exclusively or mainly to decide on the suitability of customers to be allowed on those premises to exercise control over them and/or to maintain order on those premises.
(b) The Licensee shall not engage, employ or otherwise use the services of any person as a door supervisor on the premises unless that person is, at all times, either registered with or provisionally approved by the S.I.A.
(c) The Licensee shall:
(i) Maintain a daily incident book, which must be completed each time the premises are open to the public with the door supervisors on duty and signed by each door supervisor before commencing duty;
(ii) Ensure details of all incidents attended or dealt with by door supervisors are recorded in the incident book;
(iii) Ensure the incident book is available for inspection by the police or officers of the West Lindsey District Council at all
(iv) times the premises are open to the public and at any other reasonable times;
(v) Retain completed incident books for a minimum period of two years following the date of the last entry in the book.
(d) The Licensee shall ensure all door supervisors carry their identification permit issued to them under the S.I.A. scheme at all times whilst on the premises and produce it on request to the police officer of the West Lindsey District Council.
(e) The Licensee shall immediately notify the West Lindsey District Council and the Chief Officer of Police of the dismissal of any staff employed, engaged or used by him/her in the capacity of a door supervisor, for serious misconduct or other behaviour which might affect the continuation of , or renewal of, his/her registration.
21. All commercial premises which are licensed for public entertainment after 11.00pm must provide a drug amnesty box on the premises.
(a) Each premise will provide a metal strong box, which is lockable and securely attached to the floor or a wall inside the club entrance.
(b) The box will be constructed so that items may be placed in the box without the person coming into contact with the box’s contents.
(c) The premises will be allowed to provide its own box provided the design is agreed with the police.
(d) The police will hold the keys to the box.
(e) Customers entering the club should be directed to the box and allowed to deposit in it anything they wish to prior to being within the area where they could be subjected to any form of search.
(f) Any article found abandoned within the club premises or immediately outside the premises and suspected to be a controlled drug or other dangerous article should be placed in the box.
(g) The police will make arrangements for the box to be checked and emptied as follows:
(i) The keys to the box will be retained at the police station.
(ii) The contents of the box will be checked by an officer of at least sergeant rank, together with another officer and a member of the club staff on a weekly basis or at the request of the club manager.
(iii) The contents of the box will be recorded and disposed of by the police.
NOTE:
If the holder of this licence shall break or disregard any of such terms, conditions or restrictions, he may be liable to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months or both and this licence may be revoked by Order of the West Lindsey District Council.