LICENSING ACT 2003
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(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).
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 four licensing objectives
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, staff must undertake training in Licensing Law, All persons authorised to sell alcohol will complete a recognised underage sales training programme which will include a written test / NVQ accreditation, this shall be available for inspection by the police or any authorised council officers, to verify the competency of that person.
3. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
4. 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.
The Prevention of Crime and Disorder
1. A colour digital CCTV system is to be installed which will include 9 camera’s and a monitor. One camera will be permanently positioned on the area where alcohol is displayed. One camera will be positioned to show the outside front of the shop to act as a deterrent for youths loitering outside.
2. CCTV will be retained for 28 days and available immediately at the request of a police officer.
3. A trained member of staff will always be on duty to ensure this request can be carried out.
4. All spirits will be displayed behind the permanently manned counter and all beers and wines will be displayed in clear view of the counter.
5. The premises will adopt the Oldham Council ‘Challenge 25’ scheme and operate a refusals book, display all appropriate materials and will keep daily records.
CCTV will be active and recording on the premises at all times, all recordings will be stored on the hard drive for a minimum period of 31 days. An alarm will be linked to the Police and a log of crimes will be made and a recording of the cctv system will be put on disk and handed to the police if needed be. There will be a clearly displayed notice in the window and also near the 'alcohol section that any person under the age of 18 will not be served without photograph ID (PASS, DRIVING LICENCE, PHOTOCARD or PASSPORT). Anyone who looks under the age of 25 will be. asked to provide ID. A notice will be in the entrance stating the laws of alcohol. There will also be a sign in the premises stating the sale hours of alcohol and the hours of opening and closing which will be clearly visible. All members of staff will ensure any instructions or directions given by the DPS and the police are complied with.
Public Safety
When a disabled person is present on the premises there shall be in arrangements in place for their safe evacuation in the case of an emergency or other reasons. Details will be recorded by the. member of staff in writing, the member of staff will be aware of the arrangements that are set in place to deal with this sort of emergency or evacuation. There will be clear Fire escape signs in a number of locations around the premises. All disabled people on the premises will be made aware of the evacuation arrangements that exits and escapes, including external escape routes shall be provided with non slip even surfaces maintained in good condition, correct working order and kept free from all obstructions at all times. External escapes should be kept clear of ice and snow. The nosing on all steps shall be made and maintained clearly visible in a contrasting colour. All doors both inside and outside the premises which are on an escape route shall only be fitted with approved fasteners and shall at all times be properly maintained. Free from obstruction and be capable of being opened easily and fully so they do not restrict the public leaving the premises and shall open in the direction of the escape route. All exit doors from premises surrounding it shall be capable of being opened by any person without the use of a key, code or card or other similar means and be kept free from all fastening devices when the premises are open to the public. To ensure that they are free from defect, obstruction, trip hazard and surfaces are not slippery. A record of such inspection, any defect discovered and remedial action taken shall be made in writing in a logbook kept for that purpose. The logbook shall be made available for inspection on demand to an Authorised Officer of the council, Fire officer or Police constable. The method of opening any exit door from the premises or surrounding it shall be clearly displayed above the fastening in white block lettering on a green background not less 50mm high. It will also say on it FIRE DOOR KEEP CLEAR when the premises are open to the public. Any safety device will regularly be checked that it is in correct working manner. The fire door will be closed at all times. No smoking shall not be allowed anywhere in the premises.
The Prevention of Crime and Disorder
No music or speech will be relayed via an external speaker. Arrangements shall be put in place to ensure that waste collection collect refuse. The door and windows will be double glazed will be installed to reduce the small amount of noise that may come from an off licence. Any waste food to the public on or off the premises there shall be a waste bin provided outside the in front of the premises which will be emptied on regular basis by a member of staff.
The Protection of Children from Harm
The shop will always will comply with all codes with not serving anyone with alcohol under the age of 18 and if they don't look the age of 25 they will be asked for 1D.