Appendix C

Schedule 12

                                           Part A                                           Regulation 33, 34

                                                                                                                                                

Premises Licence

Brighton and Hove City Council

 

Premises Licence Number

1445/3/2021/04451/LAPREN

 

Part 1 – Premises Details

 

Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code

 

Free Haus Limited

73 - 75 Kings Road Arches

Brighton

BN1 2FN

 

Telephone number

 

 

Where the licence is time limited the dates

 

Licensable activities authorised by the licence

 

Sale by Retail of Alcohol

 

 

Times the licence authorises the carrying out of licensable activities

 

Sale by Retail of Alcohol

Every Day                              11:00  - 20:00           On and off the premises

 

 

The opening hours of the premises

 

Every day  11:00  - 20:00

                                                        

 

Where the licence authorises supplies of alcohol whether these are on and / or off supplies

 

Alcohol is supplied for consumption both on and off the Premises. 

 

Part 2

 

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence

 

Free Haus Limited

Unit 10

Bell Tower Industrial Estate

Roedean Road

Brighton

BN2 5RU

 

E-Mail : REDACTED TEXT

 

 

Registered number of holder, for example company number, charity number (where applicable)

 

Registered Business Number    REDACTED TEXT

 

 

Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol

 

REDACTED

 

 

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol

 

REDACTED

 

Annex 1 - Mandatory conditions

S 19; mandatory conditions where licence authorises 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, or

b)         at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended

2.         Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence

3.         (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 directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

4.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

5.         (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.

6.         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.

Minimum Drinks Pricing

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+(DxV)

where—

(i) P is the permitted price,

(ii) 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

(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) “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.

 

S 21; mandatory condition: 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.

 

  1. 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).

 

  1. 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 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.

 

Annex 2 – Conditions consistent with the Operating Schedule

 

General:

 

1.         Authorised staff employed by Sussex Police shall have free access to all parts of the licensed premises at all times licensable activity is taking place or when open to members of the public, for the purpose of inspection to ensure compliance with the terms and conditions of the premises licence and to ensure the promotion of the licensing objectives.

 

2.         The only type of alcohol for sale under this premises licence (both on and off the premises) will be Brighton Bier branded/produced/collaboration products.

 

3.         All alcohol will be displayed/stored in full sight of the serving counter.

 

4.         Off sales will only be in sealed cans. No glass bottles of beer/ale or any glass merchandise will be available to purchase or remove from the premises.

 

5.         There will be a minimum purchase of 2 cans – no single cans will be sold.

 

6.         There will be no deliveries of alcohol from this site. Orders may be placed at this site but delivery will be made from one of the other Brighton Bier sites.

 

7.         The consumption of alcohol on the premises is restricted to forming part of a prebooked tasting event. All attendees will have pre booked their session and be in possession of a ticket or be named on a guest list. These tasting events will have a maximum of 12 attendees at each event and there will be no more than 18 such events per year and no more than 2 events per month.

8.         There will be a written crime prevention document in place and a copy retained at the premises at all times.

 

Prevention of Crime and Disorder:

 

9.(a)    Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover the entrance to the premises and any areas where alcohol is stored. The system shall be on and recording at all times the premises licence is in operation.

 

(b)       The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

 

(c)        CCTV footage will be stored for a minimum of 31 days

 

(d)       The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

 

(e)       The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

 

(f)        Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police e.g. USB) for the police without difficulty or delay and without charge to Sussex Police.

 

(g)       Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

 

(h)       In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

 

10.       At all times the premises is open to the public, the management will contract the back up services of an approved mobile support unit (MSU) 24 hours a day, with a minimum of 2 SIA registered Door Supervisors operating from it. A copy of the MSU contract will be retained at the premises and made available for immediate inspection upon request by Sussex Police or Council Officials. The MSU will be accredited by the Brighton Business Crime Reduction Partnership (BCRP) or other similar organisation approved by Sussex Police should the BCRP not be in existence.

 

11.       SIA licensed door supervisors shall be employed on any occasions when a requirement is identified by the licence holder's written risk assessment or requested by Sussex Police in writing at least 48 hours in advance. The written risk assessment will be reviewed at least once every calendar year. The written risk assessment will take into account information or guidance offered by the police, and also taking into account busy periods such as Bank Holidays, Season Variations and other City Centre Events e.g. Pride. The written risk assessment will be available on the premises for inspection by police and authorised officers of the Licensing Authority.

 

Public Safety:

 

12.(a)  An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at intervals of no more than four (4) weeks.

 

(b)       The log book should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence.

 

(c)        Feedback shall be given to staff to ensure these are used on each occasion that a refusal or incident occurs at the premises.

 

(d)       Any refusals made for alcohol service e.g. underage, will also be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of twenty four (24) months.

 

Prevention of Public Nuisance: None

 

Protection of Children from Harm:

 

13.       No children under 18 will be allowed on the premises unless accompanied by an adult over the age of 18.

 

14.(a)  The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:

 

*The lawful selling of age restricted products

*Refusing the sale of alcohol to a person who is drunk

*Refusing the sale of alcohol for consumption off the premises to people who may have alcohol dependency issues

 

(b)       Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 12 weeks, with the date and time of the verbal reinforcement/refresher training documented.

 

(c)        All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.

 

15.       The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID, biometric residence permit cards or proof of age cards bearing the ‘PASS’ mark hologram. The list of recommended forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.

 

16.       Signage advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises.

 

17.       A list of staff members who are authorised to sell alcohol on the premises shall be kept. This shall be endorsed by the DPS with the date such authorisation commences.

 

Annex 3 – Conditions attached after a hearing by the licensing authority

Wednesday 16th February 2022

Condition 7 above amended from proposed condition

 

1. No more than 20% of the overall floor space is to be given over to the display of alcohol for sale.

 

2. There shall be no beer for sale with an ABV of over 6%. 

 

 

 

Annex 4 – Plans

 

 

 

 

 

 

 

Graphical user interface, diagram

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