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
The Shop and Premises No 1 Express is a family run business currently running as a convenience store. The shop premises has four CCTV, 24/7 recording cameras, the first CCTV camera is located in the main premises which covers outer view of the street, the second camera is located inside the shop near the entrance door which covers the counter and sales area, the third CCTV camera covers the whole shop floor, and the fourth camera is located into the backyard of the premises and covers the back door of the premises, all cameras are in good working order and all recordings stored into the hard drive of the CCTV system device and recording and images can keep and are available for 90 days, and all recordings are available upon request by the local authority or Greater Manchester Police for Prevention of Crime and Disorder. I can promote the necessary safety measures and make sure that all staff is well trained for Public Health and Safety. I can also promote and support the Challenge 25 policy, a refusal record book will be used when any sales of alcohol are refused because a person could not provide adequate proof of age identification.
The Prevention of Crime and Disorder
The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.
No drink shall be removed from the premises in an unsealed container
A CCTV system is installed and maintained in good working order in accordance with the manufacturer’s instructions.
The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.
Text, radio pages, phones connecting to the local police.
There will be clearly displayed posters at the entrance of the premises and throughout the premises to state that we employ a Challenge 25 policy to communicate that where a person appears to be under 25 years of age, they will be asked to provide an adequate proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available, a photo driving licence or passport.
Public Safety
All exits and escape routes to those exits (including external escape routes) from the premises shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.
When the public, members or guests are present the lighting level in all parts of the premises shall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely.
No irresponsible promotions that may lead to the excessive consumption of the alcohol.
Book recording all incidents to the Police.
The Prevention of Public Nuisance
The Prevention of Public Nuisance is a main and very important part of the objectives and I am sure I can protect the neighbourhood from loud noises, litter and anti-social behaviour if I follow and fulfil my duties and responsibilities and follow the right exact hours of operation of my business and I can always promote and check that doors and windows at the premises are closed where practicable.
Prominent clear and legible notices are to be displayed on all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly. No bright lights outside the premises and also a book available to record nuisance complaints.
The Protection of Children from Harm
There shall be in place for the premises a policy to prevent the sale or supply of alcohol to persons under 18 years of age. That policy shall require any person who appears to be under the age of 25 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available, a photo driving licence or passport.
A notice or notices shall be displayed in or at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.
All staff will be adequately trained to ensure compliance with the law in relation to sale/consumption of alcohol by persons under 18 years of age, including prevention of adults buying alcohol for children.
There will be clearly displayed posters at the entrance of the premises and throughout the premises to state that we employ a Challenge 25 policy to communicate that where a person appears to be under 25 years of age, they will be asked to provide an adequate proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available, a photo driving licence or passport.
To support the Challenge 25 policy, a refusal record book will be used when any sales of alcohol are refused because a person could not provide adequate proof of age identification.