Licence - 1445/3/2016/05730/LAPRET

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 by variation

Variations to Embedded Conditions:
Removal of all the embedded conditions carried over from the Justices Licence and the Public Entertainment Licence.

Annex 2 - Conditions consistent with the Operating Schedule:

General
1. As far as is reasonably practicable there will always be at least one personal licence holder on the premises when the premises is open to the public.

For the Prevention of Crime & Disorder:
2. The premises will become a member of the Business Crime Reduction Partnership (BCRP) or similar scheme approved by the Licensing Authority that operates with radios and uses the Nightsafe & Yellow Card Scheme or similar reporting scheme.

3. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System, 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.
o The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.
o CCTV footage will be stored for a minimum of 28 days.
o 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.
o The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.
o Subject to Data Protection 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 for the police without difficulty or delay and without charge to Sussex Police.
o Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

Door Staff and Risk Assessment
4. One SIA registered door supervisor will operate from the premises on a Friday and Saturday night from 22:00 until 20 minutes after closure.

5. When a live music event is being held at the premises on the first floor and all tables and/or chairs are removed just leaving the stage, the premises will specifically risk assess whether the provision of SIA door staff are required prior to, during and after the event.

6. At all times, including when the premises is being used for whatever reason and/or before 22:00 hours, SIA licensed door supervisors (including more than one door supervisor if necessary) shall be employed when a requirement is identified by the licence holder's written risk assessment or requested by Sussex Police in writing at least 7 days in advance.

7. As part of this written risk assessment the premises licence holder will consult with Sussex Police and take into consideration their advice regarding the following: public holidays, when seasonal variations are taking place and other city wide events. This written risk assessment will be reviewed every 12 months or sooner should the need arise and a copy shall be retained at the premises.

8. The premises will also notify Sussex Police at least seven days in advance in writing if their risk assessment identifies any performers or shows which may be controversial, attract adverse publicity, protests or generate queues or large numbers of people coming to the premises or the immediate vicinity of the premises.

For Public Safety:

9. The possibility of searching will be a condition of entry.

10. The number of persons on the premises will at no time exceed 100 persons on each floor with a total maximum capacity of 200. The number of persons includes performers, members of staff and members of the public.

11. Satisfactory minimum lighting levels will be maintained.

12. Stairways and corridors will be well patrolled and customers will be discouraged from taking their drinks between floors.

For the Prevention of Public Nuisance:

13. A strong exit policy will be in place to encourage customers to leave the area quickly and quietly with notices in place to reinforce this message as required.

14. Rubbish and bottle bins will be kept inside the premises until collection.

15. Senior management will patrol the outside of the premises to monitor noise from the premises to ensure that noise from the premises is controlled and action taken to restrict the noise as required (also see 3b below).

For the Protection of Children from Harm:

16. The premises will operate a "Challenge 25" policy whereby any person who appears to be under 25 will be asked for photographic ID to prove their age. The only forms of ID that will be accepted are passports, driving licences with a photograph or proof of age cards bearing the 'PASS' mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.

17. Suitable and sufficient signage advertising the "Challenge 25" policy will be displayed in prominent locations in the premises.

18. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following training in age-restricted sales and drunkenness:

o The premises licence holder will ensure that all staff members engaged in selling alcohol on the premises shall receive induction training as to the lawful selling of age restricted products and not serving a drunk prior to the selling of such products, and verbal reinforcement/refresher training thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.

o All age-restricted sales and preventing serving an intoxicated person 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 Brighton & Hove Weights & Measures Officers upon request.

19. Children will be allowed into the premises during the day and will be able to attend dance classes at the discretion of the management however they will be required to leave the premises by 22.00 and thereafter a strict policy will be in place regarding entry to under 18's.

Specific Conditions for Theatre

20. The first floor of the premises is dedicated to theatrical and live music productions only or for post performance drinks and entertainment.

21. A stage area will always be present on the first floor. The stage area will be shown on the plan, although the position of the stage may be moved within the first floor area. There will be three seating arrangements as follows:

i. A stage at the Dyke Road end with the majority of floor space taken by audience seating in rows facing the stage;

ii. A stage at the Dyke Road end with the majority of floor space taken by audience tables and chairs;

iii. A stage in the centre of the first floor, surrounded by rows of audience chairs or audience tables and chairs;

22. The only exception to the above three stage and seating arrangements will be for live music performances, when all seating and tables may be removed, but the stage will still be in place for the musicians to play on.