LICENSING ACT 2003
MANDATORY CONDITIONS
19 Mandatory conditions where licence authorises supply of alcohol
(1) Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that 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.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
ADDITIONAL MANDATORY CONDITIONS
1. (1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
2. The responsible person shall ensure that no alcohol is dispensed 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).
3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
4. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
5. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
General
1. All staff ARE aware of the need to promote the licensing objectives, with particular attention to refusing service to persons who are drunk, aggressive, disorderly or appear to be underage and seeking to purchase alcohol. Also persons who are overage but who are suspected of purchasing alcohol for consumption by children (proxy sales)
2. The PLH or DPS will ensure all staff employed at the premises are aware of the law and their responsibilities under the licensing act.
3. Staff must undertake and successfully complete training in Licensing Law, such as the ‘Do You Pass’ accreditation, the BIIAB Award in Responsible Alcohol Retailing. Any other training to this standard can be provided by the PLH/DPS, but there must be documentary evidence that the employee has been assessed and passed this training.
4. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
5. The PLH/DPS will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
6. The premises will endorse the PASS proof of age scheme. Any form of ID not displaying a photograph of the bearer and /or the PASS hologram will be refused and sale of alcohol denied.
Prevention of Crime & Disorder
1. A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
2. The Designated Premises Supervisor when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the police are complied with.
Public Safety
1. The premises will display all required legal and information notices at the relevant positions within the premises.
2. All fire extinguishers and fire exits will be clearly marked.
3. There will be a first aid kit on the premises.
4. The premises will have a valid Fire risk Assessment.
5. Health & Safety Posters will be placed in a visible place on the premises.
6. Reasonable provision shall be made to ensure hat the premises and facilities are both accessible and reflect the needs of all the sectors of the community.
Prevention of Public Nuisance
1. No one under the age of 18 will be served with alcohol
2. Regular checks will be made by staff to ensure that any litter outside shop is
cleared away. Customers will not be allowed to loiter outside the store causing a nuisance to customers/residents and passerby's.
Protection of Children from Harm
1. The premises will adopt the Oldham Council 'Challenge 25' scheme and operate a refusals book and will keep daily records.
Annex 4 - Plans
Plan approved on 10/06/13. A copy of the approved plan is held at the Offices of the Licensing Section."