LICENSING ACT 2003
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
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.
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
Annex 2 - Conditions consistent with the Operating Schedule
General - All Four Licensing Objectives
All staff are aware of the need to promote the licensing objectives as a whole, with particular attention to refusing service to persons who are drunk, aggressive, disorderly or who appear to be under age and seeking to purchase alcohol or over age but who are suspected of purchasing alcohol for consumption by children. Appropriate signage is employed advising that Challenge 25 is adopted and the effect of s149 Licensing Act 2003.
The Applicant endorses the PASS proof of age scheme. Any form of ID not displaying both a photograph of the bearer and the PASS hologram will be refused and sale of alcohol denied.
The Prevention Of Crime & Disorder
A digital CCTV system is installed, four cameras are used and a monitor. The location of the cameras and monitor are shown on the attached plan. CCTV recordings will be available to the Police for 31 days and will be produced immediately on request by a Police Officer. All spirits will be displayed behind the permanently manned counter and all wines and beers will be displayed in clear view of the counter.
A) To install CCTV outside the shop
B) To sign up for the challenge 25 scheme
C) Applicant’s husband to obtain a personal licence within 3 months
D) To operate a refusals book that will keep daily records of the operation of the business.
Public Safety
Ensuring all fire exits are kept clear, unlocked and unobstructed at all times and that all fire fighting equipment is regularly checked and found to be in good order. The location and type of the fire fighting equipment is shown on the attached plan.
The Prevention Of Public Nuisance
The nature of the premises and the method of trading are such that it is not envisaged that any public nuisance will occur. Regular checks will be made by staff to ensure that any litter outside the shop is cleared away
The Protection Of Children From Harm
The Challenge 25 policy shall be implemented in full and appropriate ID required, as above. A refusals book will be kept and regularly maintained.
Annex 3 - Conditions attached after a hearing by the Licensing Authority
Hearing date 14th July 2015
That steps be taken by the applicant, to the satisfaction of the Council, to reduce the nuisance and noise of the generator to the surrounding properties in order to improve residential amenities.
That steps be taken to monitor the opening hours of the premises in order to ensure that they comply with the opening hours as previously established by Trading Standards.