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.
Embedded Conditions: Removed
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. No beer, lager, cider or perry with an ABV over 6% or above shall be sold at the premises save that this shall not apply to premium beer, lager, cider or perry with an ABV over 6% or above such as craft or speciality brands or brands produced by a micro-brewery, or brands produced to commemorate a national or local event.
3. No draft beer, larger or cider.
4. For off sales, no single cans of 440ml or less of beer, lager, cider or perry will be sold; only multipacks of 4 or more cans will be sold.
5. For on sales, the ale of intoxicating liquor and other beverages will be for consumption by persons seated at tables or bar. There will be no vertical drinking.
For the Prevention of Crime and Disorder:
6. 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 all public areas, including the entrance to the premises. 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) 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 and 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.
7. The premises will become a member of the Business Crime Reduction Partnership or similar scheme approved by the Licensing Authority. The scheme must operate, subject to local coverage, radios and additionally an exclusion/banning scheme of named individuals within both the day and nighttime economy.
8. 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 not to exceed 4 weeks. The logbook should be kept on the premises and be available for inspection at all times the premises are open by authorised officers and staff of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence. 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.
9. A documented risk assessment must be produced by the premises which identifies the activities undertaken at the premises and the controls necessary to promote the licensing objectives. It will include a written assessment demonstrating what considerations have been made for both normal day to day activities and any special events or functions which may arise during the year. This document shall be immediately available for inspection by the Police and the Licensing Authority, upon request and reviewed every 12 months. The written risk assessment will include:
a) When SIA trained and licenced door supervisors shall be employed on occasions when a requirement is identified by the licence holders written risk assessment or requested by Sussex Police.
b) When it is appropriate for the premises to employ a mobile support unit (MSU) operated by SIA registered door staff. In the event that a MSU is contracted, the management will contract the back-up services of an approved 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.
c) What considerations have been made by the licence holder regarding any additional special events which may arise in the city during the year.
d) The use of glassware versus shatterproof or polycarbonate drinking vessels and the supply of glass bottles to customers.
For Public Safety: None
For the Prevention of Public Nuisance:
10. Provide signage at all exits and outdoor areas used for smoking by staff and patrons ‘Please respect the needs of local residents, including leaving quickly and quietly; do not disturb neighbours’.
11. Staff to manage persons leaving the premises do not congregate in the immediate vicinity so as to minimise disturbance.
12. During events regular monitoring of noise levels at the nearest noise sensitive locations shall take place and volume/bass reduced so as to avoid public nuisance; noise should not normally be audible outside. A record shall be kept, including date, time, location and the action taken. This record shall be made available for inspection by council officers on request.
13. Staff should regular supervise the outdoor area to ensure there is no nuisance to neighbours.
14. Deliveries, recycling and rubbish should not be dropped off, collected or placed outside except between the hours of 07:00Hrs and 19:00Hrs.
15. Ensure that external lighting is designed (and is submitted to the planning authority if necessary), so as not to cause light nuisance to neighbours.
For the Protection of Children from Harm:
16. a) 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 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.
b) Signage advertising the “Challenge 25” policy will be displayed in prominent locations in the premises.
17. 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
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 for inspection by authorised officers and staff of the Licensing Authority or the police and officers from the Trading Standards team upon request.
Annex 3 – Conditions attached after a hearing by the Licensing Authority on 18 May 2020
1. The hours for sale of alcohol on and off the premises shall be from 11:00 to 22:00 hours daily. The opening hours of the premises shall be the same as stated above.
2. Off sales of alcohol shall be limited to whisky only.
3. There shall be no sale of spirits apart from whisky on the premises. The panel consider this condition is appropriate and is in line with the proposal put forward by the applicant that on sales would be mainly whisky with a couple of craft beers and a limited selection of fine wine. In combination with the police conditions this will prevent the premises becoming a traditional bar.
4. The garden area at the rear of the premises shall be closed and cleared of customers by 18:00 hours every day. After that time smokers will be directed to smoke in the garden area but there shall be a maximum of 2 smokers at any one time and customers will not be permitted to take drinks with them.
5. The doors and windows shall be kept closed after 21:00 hours save for access an
6. d egress.
7. Whisky tasting events shall be limited to 8 events per month. During these events the bar shall be closed to the public.
Annex 4 – Plans
