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
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(a);
(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(b).
Annex 2 - Conditions consistent with the Operating Schedule
General
Alcohol shall not be sold or supplied except during permitted hours. No supply of alcohol shall be made under the Premise Licence at the time where there is no Designated Premises Supervisor in respect of the Premises Licence or when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended. No supply of alcohol shall be made if not authorised by a person who holds a Personal Licence.
The prevention of crime and disorder
The DPS (when present) and all members of staff shall ensure that all lawful instructions and directions given by the Police are complied with. A method of communicating between the Council and Licensed Premises shall be provided at the premises. When the premises are open to the public, the communications link to the Council shall be switched on and available to and monitored by the DPS or nominated member of staff. Every incident of crime or disorder shall be reported via communication link to the Council by the DPS or nominated member of staff.
Public Safety
All parts of the premises shall be kept free from defect and no changes, alterations of any kind to the surface finish or coverings including furniture and flooring of any part of the premises shall be made without the prior approval of the Council. The nosings of all steps and landing shall be maintained so they are clearly visible by painting them in contrasting colours or other similar means. The furniture or seating in the premises shall be arranged so that it does not obstruct any exit, door to any exit or to any facility within the premises. A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided.
The prevention of public nuisance
No music or speech shall be relayed via external speakers other than for events with prior approval of the Licensing Authority. Arrangements shall be put in place to ensure that waste collection contractors do not collect refuse between 20:00pm and 08:00 am. There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance. There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises. Where the premises provides food to the public for the consumption on or off the premises, there shall be provided outside the premises at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings and other litter.
The protection of children from harm
No person under the age of 18 years shall be allowed to buy alcohol on the premises. The Premise Licence and the DPS shall at all times comply with the Portman Group code of practice and with the requirements or recommendations of any Portman Group retail alert bulletin. There shall be in place for the premises an urgent policy to prevent the sale or supply of alcohol to persons under 18 years of age. The policy shall require any person who appears to be under 18 years to produce a recognised proof of age card accepted under proof of age scheme. (PASS), or if a proof of age card is not available a photo driving licence, passport or accredited student card. Notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen 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.