Annex 1 - 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
The following conditions came into force on 28th May 2014
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 + (D×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;
(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
Mandatory Licensing Conditions from 1st October 2014
1.-(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).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3.-(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.
4. 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.
Annex 2 - Conditions consistent with the Operating Schedule
General
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).
All staff will receive training on a 4 monthly basis with regard to the four licensing objectives, paying particular attention to the above.
I 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 the sale of alcohol denied.
Prevention of Crime and Disorder
Digital CCTV will be provided in the form of a recordable system capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale/supply of alcohol occurs.
Equipment must be maintained in good working order and be correctly time and date stamped. Recordings must be kept in date order, numbered sequentially, kept for one month and handed to the police on demand.
The Premises Licence Holder must ensure that at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format i.e. disc to the police/local authority on demand.
The recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or another responsible named individual. An operational daily log report must be maintained and endorsed by a signature, indicating that the system has been checked and is compliant. In the event of any failings actions taken are to be recorded.
In the event of the technical failure of the CCTV equipment the Premises Licence holder/DPS must report the failure to the police or the councils Licensing Department immediately.
The CCTV shall be a system that is approved by a Greater Manchester Police Crime Reduction Advisor and working to a satisfactory standard.
The CCTV shall be in use and recording at all times the business is open.
The premises will adopt Oldham Council's Challenge 25 scheme and operate a refusals book and will keep daily records.
Public Safety
I will display all required legal and information notices at the relevant positions within the premises.
All Fire extinguishers and Fire exits are clearly marked.
There is a first aid kit on the premises.
I have a valid Fire Risk assessment.
Prevention of Public Nuisance
Regular staff training will take place every 4 months. This will be recorded and available for inspection by the police and council Licensing officers.
Regular checks will be made by staff to ensure that any litter outside the shop is cleared away.
Customers will not be allowed to loiter outside the store causing a nuisance to customers, residents and passersby.
Protection of Children from Harm
The Challenge 25 policy will be fully adopted and implemented.