ANNEX 1 - MANDATORY CONDITIONS
Licensing Act 2003 Mandatory Conditions
Mandatory conditions where licence authorises the supply of alcohol
(1) 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.
(2) The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Mandatory Condition where the licence authorises the exhibition of films
() 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 condition.
() 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 recommendations made by that body.
() Where -
(1) the film classification body is not specified in the licence, or
(2) the relevant licensing authority has notified the premises which holds 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.
() 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).
Mandatory condition where Door Supervisors are provided
Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
Embedded Conditions
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means those hours permitted by this licence.
The above restrictions do not prohibit:
(a) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(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;
(e) the taking of alcohol from the premises by a person residing there; or
(f) 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
(g) 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.
Off Sales
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means those hours permitted by this licence.
The above restrictions do not prohibit:
(a) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(b) the sale of alcohol to a trader or club for the purposes of the trade or club;
(c) 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.
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
On-licence, no Children’s Certificate
No person under 14 years of age 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 the 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.
Sections 145 to 154 Licensing Act 2003, relates to the presence of children in licensed premises.
Public Entertainment
The Standard Conditions for Places of Public Entertainment adopted by this Council in 2002 are applicable to this licence and are attached.
The accommodation limit of the premises, including public, staff and performers shall not exceed:
100 persons in Lounge Bar
100 persons in Dining Room.
Private Entertainment
The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.
Recorded Music
Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.
Late Night Refreshment (Late Night Refreshments Houses Act 1969)
Licensed premises (under the Licensing Act 1964) providing refreshment are exempt from the requirement to license late night refreshment. This exemption extends until the period of thirty minutes after the end of the permitted hours for the sale of alcohol.