LICENSING ACT 2003
MANDATORY CONDITIONS
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.
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
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 - All Four Licensing Objectives
Aldi operate over 300 stores in the UK with licences free of conditions. It is submitted that as a responsible operator, selling alcohol for consumption off the premises only, no conditions need to be attached to the premises licence other than the mandatory conditions specified in the Licensing Act 2003
The Prevention Of Crime And Disorder
The applicant is a responsible retailer and takes appropriate measures to deter thieves and shoplifters. There are no other likely crime and disorder issues.
1. CCTV will be installed and maintained to the satisfaction of Greater Manchester Police Crime Reduction Advisor . All recordings shall be kept for a period of 31 days and made available to the Police/Licensing Authority on request.
Digital CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions. 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, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially.
The Premises Licence Holder must ensure that as far as reasonably possible a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format is disc to the Police/Licensing Authority on request.
The recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.
CCTV shall be in operation at all times the business is open
2. The premises shall operate a Challenge 25 policy, the only acceptable forms of ID being a passport, driving licence or PASS accredited proof of age card and records of training shall be available to the Police and Authorised Officers of the Council on request
3. All staff engaged in the sale of alcohol will receive documented staff training in relation to responsible alcohol retailing. Regular refresher training will take place at least 6 monthly and records of training shall be available to the Police and Authorised Officers of the Council on request.
Public Safety
The applicant is a responsible retailer and takes appropriate measures to ensure the safety of those members of the public who visit the store. There are no public safety issues in particular that need to be addressed.
The Prevention Of Public Nuisance
The applicant is a responsible retailer and takes appropriate measures to ensure the prevention of public nuisance. It has not been an issue in any of their other stores.
The Protection Of Children From Harm
The applicant is a responsible retailer and takes appropriate measures to ensure the protection of children from harm. Procedures are in place to attempt to ensure at all times that no person under the age of eighteen is sold alcohol.