Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours as stated.
Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock the following morning except -
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 2am, the permitted hours shall end when the music and dancing end.
In relation to the morning on which summer time begins, the following 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
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.
On Sundays immediately before bank holidays (except Easter Monday), the permitted hours shall extend until two o'clock 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 2am, the permitted hours on that Sunday shall end when the music and dancing end.
On New Year’s Eve permitted hours means 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 sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
The above restrictions do not prohibit:
a) During the first twenty minutes after the permitted hours the consumption of the alcohol on the premises;
b) During the first twenty minutes after the permitted 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 permitted 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 dispatch 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 taking of alcohol from the premises by a person residing there; or
h) 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
i) The supply of alcohol for consumption on the premises to person employed there for the purposes of 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.
2 No person under fourteen shall be in the bar of the canteen during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the premises that is not a bar and to or from some part of the premises where there is no other convenient means of access or egress.
d) The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
e) i. He is in the first floor area shown on the plan attached to the licence.
ii. Meals and non-alcoholic beverages are available for sale or consumption in that area
iii. He is in the company of a person aged 18 or over
iv. He is in there prior to 21.00 hrs
A children's menu and substantial refreshment is to be available up until 21.00 hrs.
The first floor area to which the application relates constitutes an environment in which it is suitable for children under 14 to be present.
The terminal hour will be 21.00 plus 30 minutes 'eating up' time.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. However, 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.
3 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.
4 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
5 (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).
6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
7 (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 holographic mark, or an ultraviolet feature.
8 The responsible person must ensure that -
(a) where any of the following alcoholic drinks are 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.
9 (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) In this condition:-
a. “permitted price” is the price found by applying the formula P = D + (D x V), 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;
b. “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
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 would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
(4) Where the permitted price 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, 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.
10 Exhibition of Films:
Where the film classification body is specified in the licence, unless the following applies, admission of children must be restricted in accordance with any recommendations made by that body.
Where -
a) The film classification body is not specified in the licence,
or
b) The relevant licensing authority has notified the holder of the licence that this condition is applied to the film in question,
Admission of children must be restricted in accordance with any recommendation made by that licensing authority.
11 Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.
12 The terms, conditions and restrictions detailed in the Blackpool Borough Council Entertainments Licences (Standard Conditions) Regulations 1985 must be adhered to at all times.
The premises shall not be used for public entertainment on Sunday except between the hours defined by the schedule and then only for (a) musical entertainment as defined by the Sunday Entertainments Act 1932 and (b) dancing in respect of which an admission charge is not made.
Music must not be excessive in volume and must be under the control of the holder of the licence or his duly appointed representative. The requirements of the Licensing Authority's Environmental Health Division in relation to levels of noise produced inside or outside the premises as a result of, incidental to, or arising from the public entertainment, shall be complied with.
Permitted numbers are as follows: Ground Floor: 500, First Floor: 180
Hours for public entertainment on Sundays preceeding Bank Holidays extend to 0200 EXCEPT Easter.
13 The permitted hours for late night refreshment are as defined in the schedule except on Sundays preceeding Bank Holidays when the hours shall extend to 02.30 EXCEPT at Easter.