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
(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
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
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).
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, such as the BIIAB Award in Responsible Alcohol Retailing or training to this standard to be provided by the PLH/DPS. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
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 premises will endorse the PASS proof of age scheme. Any form of ID not displaying a photograph of the bearer and/or the PASS hologram will be refused and sale of alcohol denied.
The Prevention of Crime and Disorder
A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.
The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 30 days.
The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police.
Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.
A member of staff who is trained to operate the system and supply footage must be available to produce this footage on the request of the police or other responsible body.
The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible body on request.
Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act.
All crime to be recorded via an incident book.
Help promote communication and work closely with the Police and Council within their guidelines.
To train staff and keep records in Preventing Crime and Disorder
Install intruder alarms and provide security lighting.
Install register away from customer accommodation.
CCTV installation internally and externally with suitable signage informing customers that CCTV is in operation.
Record all crime via an incident report book
Help promote communication and work closely with Police and Council and their guidelines
To train staff in the usage of CCTV system and to keep records in preventing Crime and Disorder
Install intruder alarms and provide security lighting outside.
Public Safety
The premises will display all required legal and information notices at the relevant position within the premises.
All fire extinguishers and fire exits will be clearly marked.
The premises will have a valid Fire risk assessment.
Health & Safety posters will be placed in a visible place on the premises.
To keep First Aid and report book for any accident.
To keep access clear for wheelchair access.
Make sure all routes are fire exit routes are kept clear.
To limit the amount of people allowed entry to the shop at any one time.
Refusal to sell alcohol to anyone under the influence..
To limit amount of people to enter the shop at any one time.
Keep up to date risk assessment for the public as well as staff.
The Prevention of Public Nuisance
No one under the age of 18 will be served with alcohol.
Regular checks will be made by staff to ensure that any litter outside the shop is cleared away. Customers will not be allowed to loiter outside the store causing a nuisance to customers/residents and passers by.
Keep windows and doors closed to prevent excessive noise.
Place bin outside and promote its usage and provide a clean working environment inside and outside premise.
To place signage to remind customers to leave quietly.
To consult with local residents regularly regarding any issues they may have regarding premises.
Notices advising customers to be courteous with local residents and not to park near driveways or block the highway.
To regularly clean inside and outside of shop.
Signage to remind customers to leave quietly.
To consult with local residents regularly regarding any issues.
The Protection of Children from Harm
The premises will adopt the Oldham Council 'Challenge 25' scheme and operate a refusals book and keep daily records.
A restriction of children allowed in the premises at certain times.
Training for staff regarding proof of age.
Background checks on all staff members.
Clear signage regarding Sale of Alcohol to children.
Clear signage regarding Sale of Alcohol for or on behalf of children and its consequence.
Operate a refusal book and to document all refusals.
Annex 4 - Plans
Plan approved on 13 January 2014. A copy of the approved plan is held at the Offices of the Licensing Section.