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
Springhead CCC are looking to offer alcohol for sale to members of their two cricket teams, the visiting teams and any supporter who come to watch the cricket. We take security seriously and have had shutters fitted to main door and all windows. We value our relationship with neighbours and do not want to cause any nuisance, bins are provided for any litter and most of the windows are double glazed. Being a cricket club and being family orientated we do not have children present but we store all alcohol in a lockable cooler in a separate location from the kitchen where there is a tuck shop. The reason for offering alcohol for sale is to generate some extra regular revenue and to help sustain the club for the future so the next generation can benefit from its facilities.
The prevention of crime and disorder
I will give written authorisation to any individual who I am authorising to sell alcohol in my absence. We will hold a folder with up to date contact details of the premises supervisor. We will supply drinks from the cooler in plastic or toughened glass containers NOT glass. We hold a suitably stocked first aid kit on site. All but one window benefits from double glazing and all windows have an aluminium security shutter. The front exit has a front door which has a lock plus an aluminium security shutter.
Public Safety
The side double doors are open when the club house is open and this will be checked regularly to make sure that this provides a secondary escape route. We will use plastic containers NOT glass. We hold a suitable stocked first aid kit. The club house is one single storey so there are no stairs, steps or balconies. Bins will be provided so that plastic containers and other rubbish can be disposed of safely.
The Prevention of Public Nuisance
All but one window benefits from double glazing aiding sound proofing and stopping any noise nuisance to our neighbours. We do not intend to use the club house for any live music or indoor sporting events. Bins are provided for any rubbish/plastic containers and any rubbish will be collected on a regular basis. The nearest house is about 35 feet away from the club house and the next nearest house is about 100 feet away. We will put up signs in the club house asking people to use waste bins provided and to respect our neighbours. We have a designated car park which can be accessed off Copper Street so this will not cause a nuisance to our neighbours.
All alcohol will be served in plastic glasses.
Bins will be provided for litter and emptied after every match.
Any litter will be cleaned up after every match.
Bottle bins will not be emptied between the times of 10pm and 8am.
There will be no deliveries of alcohol by dray waggon between 9am and 2pm.
Signage will be displayed inside club house asking for "quiet when leaving premises".
Part of challenge 25 programme including signage supplied by OMBC.
The Protection of Children from Harm
We are planning to sell cans of alcohol from a cooler which will be locked at all times. In addition to the lock built into the cooler an extra padlock will be fitted. The cooler will be located away from the kitchen so any children going to the tuck shop will not have access to the alcohol.