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 Operating Schedule
General - all four licensing objectives
We have assessed the risks with regards to the proposed Premise Licence. Due to the nature of our business, we feel that there are very limited risks associated with regards to the four Licensing Objectives. Details of any steps taken are outlined below.
A small selection of wines and champagnes will be on display, however the majority of the bottles will be stored in the purpose built lockers in the cellar.
The Prevention of Crime and Disorder
CCTV are been installed on the interior and exterior of the premises. We will comply with any police/licensing authority requests regarding storing and viewing the footage (as a minimum, images will be stored for a minimum of 28 days and made available upon request to the authorities). We will ensure that the CCTV is operated in accordance with the latest Information Commissions Officers Guidance and is compliant with the relevant provisions of the Data Protection Act 1998.
There is very low risk of any anti-social behaviour by customers due to the nature of the premises. Our main business is floristry. Selling wines and champagne is ancillary to this.
We will co-operate with the police at all times and take counsel from them for events such as Whit Friday.
We are not the type of establishment to offer any kind of drinks promotion, and the quality of our wines and champagne will be our USP.
Public Safety
Nothing beyond existing Health & Safety and Fire Safety requirements.
The Prevention of Public Nuisance
We do not believe that having a licence to sell alcohol on and off the premises will cause any additional noise or nuisance at the premises. There will be no music played, and the shop will not be open during normal sleeping hours, so in this respect, this should not cause disturbance to our neighbours. We do not anticipate that we will open until 11pm every evening, however we would like the flexibility to be able to do so, especially when we run wine tasting events and other themed evenings (eg flower demonstrations) for a small number of customers.
The addition of 2 x tables and chairs in the area to the front of the premises, will add to the ambience of the shop. All customers will be in full view of the staff from inside the premises and staff will be vigilant to ensure that customers outside the premises do not cause a nuisance. Any customers doing so will be asked to leave. The furniture will be removed at the close of trading every day and put back out at the opening of each day (weather permitting).
The Protection of Children from Harm
We will train staff to ensure compliance with the law in relation to consumption of alcohol by persons under 18 years of age, including prevention of adults buying alcohol for children. Proof of age will be asked for if someone appears under age. An age verification process will be in place including adopting the Challenge 25 policy. If there is no proof there will be no sale. Acceptable forms of ID will include passport, photographic driving licence, or card with the PASS logo.
There will be a refusal of sale book kept on the premises to be filled in when a sale is rejected.
Where alcohol is purchased for delivery, the following delivery policy will be in place:
At the time of sale, customers will be advised that the delivery can only be accepted by someone over the age of 18
Couriers will be instructed that delivery of alcohol is not permitted to persons under 18 years of age
Any delivery parcel that contains alcohol will be labelled "This item is not to be delivered to a person under the age of 18 years"
Courier delivery of alcohol will only be made to persons aged 18 and over with acceptable ID.
Acceptable ID is passport, photographic driving licence and those carrying the PASS logo.
All deliveries containing alcohol must be signed for by a person aged 18 and over and will not be left unattended at the delivery address or left with a person under 18.
If a person taking delivery is not aged 18 or over or ID is not available from the person taking delivery to prove their age the delivery will be returned to the shop.