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
a) General - all four licensing objectives
1. Staff Training
Any staff employed at the premises will receive training by the Designated Premises Supervisor on first appointment and at least every three months thereafter. Training will include input on preventing underage sales, sales of alcohol to people who are drunk, application of the drugs policy and any other relevant matters. A written record will be kept of all training carried out. This record must be kept on the premises and made available for inspection by any responsible authority.
2. List of Authorised Persons
The Designated Premises Supervisor must maintain a written record of all members of staff who are authorised to sell alcohol. This record must include a photograph of the relevant members of staff to be kept on the premises at all times and be made available to a representative of any responsible authority on request.
3. Purchasing Policy
A purchasing of alcohol and tobacco policy must be implemented at the premises by the Designated Premise Supervisor.
4. Purchasing Records To Be Kept
All purchases of alcohol and tobacco products must be made from reputable wholesalers and all purchases must be recorded. These records must be kept for a 12 month period and made available on request to the police or authorised officer.
5. Immigration Issues
All staff requiring the necessary visa's and authorities to work will before employment produce the necessary documentation (including passports). A copy of these records will be maintained in the due diligence folder and be made available for inspection when required.
6. Compliance with the Premises Licence Conditions
The premises will operate with a 'Due Diligence' Folder issued by Bakers Solicitors. The folder will be retained behind the shop counter and be made available at all times for inspection.
The Due Diligence Folder will contain the following documentation
Licensing health check
3 monthly checklist
Independent auditors 3 monthly inspection report
The 4 Licensing objectives (explained)
DPS contact details
DPS authorised to sell alcohol
Age verification policy
Drugs policy
Incident log paginated
CCTV equipment weekly check report
Refusals register
Freezer and chiller checks
Daily litter checklist
Daily toilet check
Staff training portfolios
The premises licence holder will contract out an independent auditor to visit the premises quarterly and undertake a full compliance visit. The results will be recorded in the due Diligence folder together with any remedial action taken (if relevant)
b) The prevention of crime and disorder
1. CCTV
A tamper-proof digital colour CCTV system will be installed and maintained at the premises to the satisfaction of The Police.
The system will run and record continuously for 24 hours a day, 7 days per week and recorded footage will be stored for a minimum of 28 days.
The system will provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.
Recorded footage will be provided to a representative of any responsible authority on request. Such footage will be provided in an immediately viewable format and will include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred will be provided by the premises and sufficient stock of such storage media will be kept on the premises at all times.
A member of staff who is trained to operate the system and supply footage will be present at the premises at all times when licensable activities are taking place.
The Designated Premises Supervisor will ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check will include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time and date. A written record of these checks will be kept, including a signature of the person carrying out the check. This written record will be kept on the premises at all times and made available to a representative of any responsible authority on request.
Suitable signage informing customers that a CCTV system is in operation will be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Right act.
2. Incident Book
An incident book (with the pages numbered sequentially) will be kept on the premises and be made available for inspection by responsible authorities. The incident book will be used to record the following:
Any incident of violence or disorder on or immediately outside the premises
Any incident involving controlled drugs (supply/possession/influence) on the premises
Any other crime or criminal activity on the premises
Any refusal to serve alcohol to persons who are drunk (on sale or off sale premises only)
Any refusal to serve alcohol to under 18's or anyone who appears to be under 18
Any call for police assistance to the premise
Any ejection from the premises
Any first aid/other care given to a customer
3. Drug Policy
The management of the premises will introduce a strict 'zero tolerance' policy in respect of the use and/or supply of illegal drugs on the premises. Suitable signage to be placed in prominent areas within the premises.
c) Public Safety
1. The interior of the premises will be set out to ensure public safety
2. There will be a CCTV system installed to the standard requested by the police (please see entry on CCTV Crime and Disorder)
3. A litter policy with checklist will be in place
d) Public Safety
1. Notices to customers
Notices requesting customers to leave quietly will be displayed in a prominent position next to each entranced/exit. The Designated Premises Supervisor will ensure that customers are encouraged to keep noise to a minimum when leaving the premise.
2. A litter policy with checklist will be in place
3) The Protection of Children from Harm
1. Challenge 25
The premises will operate a strict 'Challenge 25' scheme at the premises in relation to age verification for alcohol sales. Signs and/or posters will be displayed in prominent positions inside the premise to inform customers of this condition.
2. A refusals book will be kept at the premises and will be used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons or persons who appear underage will be recorded. The details to be recorded will be as follows:
Time, day & date of refusal
Item refused
Name & address of customer (if given)
Description of customer
Details of id, offered (if shown)
The refusals book will be made available for inspection by responsible authorities on request.
3. Proxy Notices
The premise will display, in a prominent position, a notice or notices explaining that it is an offence for adults to purchase alcohol then supply it to persons under 18.