ANNEX 1
The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.
On and Off Licence Conditions
Embedded Conditions
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10 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, 10 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.
Off Sales
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.
b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.
c. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
d. On Good Friday, 8 a.m. to 10.30 p.m.
The above restrictions do not prohibit:
(a) 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;
(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;
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;
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.
On-licensed premises with children’s certificates
No person under 14 years of age shall be in the bar of the canteen 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 premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary;
(5) (a) He is in an area shown on the plan attached to the licence;
(b) Meals and non-alcoholic beverages are available for sale for consumption in that area;
(c) He is in the company of a person aged18 years or over;
(d) He is there prior to 9 p.m.
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.
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 permits the performance of Films
Where a programme includes a film in the 12A, 15 or 18 category, as classified by the British board of Film Classification, no person appearing to be under the age of 12 (and unaccompanied in that case),15 or 18 as appropriate shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms-
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.
This condition does not apply to members of staff under the relevant age while on duty provided the prior written consent of the person’s parents or legal guardian has first been obtained.
Immediately before each exhibition of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds a in such a manner that it can be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the category of the film
Mandatory conditions where Door Supervisors are provided
All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)
Mandatory Conditions for club Premises with off sales
1) The supply of alcohol for consumption off the club premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.
2) Any alcohol supplied for consumption off the premises must be in a sealed container.
3) That any supply of alcohol for consumption off the premises must be made to a member of the club in person.
P.E.L
This licence is also subject to the conditions laid down in the Rochdale MBC “Regulations applying to Entertainments Licences”, which were made in respect of Entertainments Licences for public music and dancing and entertainments of a like kind issued under the Local Government (Miscellaneous Provisions) Act 1982 (copy attached). It should be noted that Reg. 36 has been superseded by the Mandatory Condition in respect of Door Supervisors.