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.
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
The applicant, BHS Limited, is a well known and responsible company which maintains the highest standards of operation.
The applicant has operated similar licensed premises for many years.
The Prevention of Crime & Disorder
1.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 cover all main ingress and egress points to the premises.
2. Equipment must be maintained in good working order. Images shall be kept for a period of 31 days and, in the event that a recording is requested by the Police, be burnt to disc and handed to Police as soon as practicable.
3. The Premises Licence Holder shall ensure that a DPS or other appointed member of staff is capable and competent at downloading CCTV footage in a recordable format i.e. disc. In the event that the Police/Local Authority request CCTV footage, the DPS or appointed member of staff will provide this as soon as reasonably practicable.
4. The Recording equipment shall be kept in a secure environment under the control of the DPS or other responsible named individual. A monthly log must be maintained endorsed by signature, indicating the system has been checked and is compliant.
5. The CCTV shall be in use and recording at all times the business is open.
All staff receive training at 6 monthly intervals and refresher training just prior to the commencement of the Christmas Shop period. Training is delivered by a personal licence holder and lasts up to an hour. Staff are required to sit and pass a 20 minute exam at the end of the training sessions which covers areas such as the licensing objectives, challenge 21 and appropriate forms of ID etc. Training records/exam results are signed off by both the trainer and course attendees at the end of each session.
Public Safety
There will be full compliance with relevant health and safety legislation.
Staff will be trained in the company-wide health & safety procedure.
Staff will be trained in the evacuation procedure.
First Aid will be available on the premises
The Prevention of Public Nuisance
A CCTV system is installed at the premises.
Shop staff are fully trained and will ensure that no activity at the premises causes public nuisance
The Protection of Children from Harm
The laws relating to children and the sale of alcohol will be strictly observed.
Anyone appearing under the age of 21 will be asked for photographic ID.
"Think 21" posters will be displayed at the store.
There will be till prompts in relation to products containing alcohol.