LICENSING ACT 2003
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.
ADDITIONAL MANDATORY CONDITIONS
The following conditions shall come into force on 1st October 2010
1. (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
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.
The Prevention of Crime and Disorder
The Conditions imposed by the decision of the Magistrates Court must be adhered to.
1. 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.
2. Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.
3. The Premises Licence Holder must ensure 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.
4. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.
5. In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police or Council Licensing immediately.
6. The CCTV shall be a system that is approved by a Greater Manchester Police Crime Reduction Advisor and is working to a satisfactory standard.
7. The CCTV shall be in use and recording at all times the business is open.
8. All spirits will be displayed behind a permanently manned counter and all beers and wines will be displayed in clear view of the counter.
Public Safety
During the hours of 8am to 6pm either the Designated Supervisor or a member of staff who is a personal licence holder will be present at the shop to supervise the sale of alcohol.
The Prevention of Public Nuisance
The installation of the above mentioned CCTV equipment.
There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed, maintained and located /secured so that access to them by vermin and unauthorised persons is prevented and arrangements made for the regular disposal of their contents in accordance with the duty of care provisions (Section 34) of the Environmental Protection Act 1990.
The public area outside and adjacent to the premises shall be cleared of wrappings and other litter which originated from the Premises.
The 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.