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
a) General - all four licensing objectives (b, c, d and e)
The applicant has been trading and operating off-licensed premises since 1970, and currently trades from c.770 similar outlets. The applicant is a licensed and approved training examination provider for the NCPLH/NCDPS and previously held a similar accreditation for the NCL/SLC qualifications from their inception. The applicant has comprehensive and appropriate written policies to cover all aspects of its trading operations including those which pertain to the sale of alcoholic products.
b) The prevention of crime and disorder
Comprehensive written organisational policies are implemented throughout the business and where it is necessary or required to do so appropriate training of colleagues is supplied. Legal, Security and Health & Safety or other professional advice is available to all branch colleagues and is provided centrally via the Company Head Office.
The company operates a Challenge 25 policy and all cashier staff are trained in respect of this policy, and acceptable forms of identification (passport, driving licence, PASS approved proof of age cards). Appropriate signage is displayed in store and a till prompt system requires the cashier to physically confirm that the purchaser is over 18 years of age whenever an age restricted product is scanned.
In relation to age restricted sales, the company will implement and maintain a refusals log system which will be regularly monitored in compliance with existing company policy.
A digital CCTV system will be installed and maintained at the premises, enabling surveillance of entrances/exits and till point areas. Recordings from the system will be retained for a period of 31 days and will be made available to Police upon receipt of a reasonable request. The retention period has been set to provide optimum picture quality from the CCTV system.
c) Public safety
Please refer to b) above.
d) The prevention of public nuisance
Please refer to b) above.
e) The protection of children from harm
In addition to those measures referred to in b) above it is also a written, trained and refreshed policy of the company to challenge any customers who are apparently under the age of 25 years and attempting to purchase alcoholic products to provide evidence (in PASS approved formats only) to prove that they are in fact over the age of 18 years.
Separately the applicants IS system at all checkouts identify any alcoholic products and will always display an electronic flag to the cashier when any such products are presented for purchase. The cashier is then required physically to input in to the till console a confirmation that the customer is over the age of 18 years.