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
Victoria Beverages plans to provide training to its staff to personal licence level recognised by bodies, specific policies relevant to the operation of the business which will contribute to a well run premises and a responsible approach to the sale of alcohol. One of a proactive approach in preventing and managing the premises, is that, before any staff are allowed to serve alcohol for Victoria Beverages, all staff will be advised of licensing law in writing and a briefing of conflict management. A record will be kept of the date and name of person trained and be made available for inspection by the police or licensing authority.
b) The Prevention of Crime and Disorder
Victoria Beverages recognises that good management and good practice along with adequate physical controls can make an important difference to the level of alcohol related crime on the premises, and therefore, all private areas will be kept locked and secured whilst the premises are open to the public.
Five security cameras are being placed in and around the premises covering all internal areas, accessible to the public and areas immediately outside the premises. The date and time settings on the camera system will be accurate inside and outside the premises. An alarm is currently installed at the premises to protect it when its closed. Emergency exits will be alarmed when the premises is open to the public so the staff are immediately notified of unauthorised opening or tampering.
Victoria Beverages has given immense thoughts for the layout and the lighting of its premises. Placing five double, six feet tube and four single tube lighting, a well-lit up unit secluding g any of which dim parts of the premises, helping in reducing the shop thieves and theft from the premises, dedicated cameras for all alcohol display areas are covered. Drink-aware posters will be displayed on the premises to remind customers of the unit content in alcoholic drinks and the safe alcohol consumption limits.
A tamper-proof digital colour CCTV system must be installed and maintained to a satisfactory standard at the premises. The system will run and record continuously for 24 hours a day, 7 days per week and recorded footage storing for a minimum of 31 days.
The system must provide a clear head and shoulders view to an evidential quality on entry/exit route and cover all vulnerable areas as identified by Greater Manchester Police. Recorded footage will be provided to a representative of any responsible authority on request all footage will be provided in an immediately viewable format and will include all required software to view the footage. All storage media footage transferred will provided by the premises and sufficient stock of such storage media will be kept on the premises at all times.
Myself trained to operate the system and 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. This check will include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & 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 must be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights Act.
c) Public Safety
Regular, risk assessment will be carried out taking into account public safety, to identify potential hazards posed to staff or customers and setting out precautions to manage the hazards.
All staff will be made aware of the risk assessment, precautionary measures and the responsivities regarding smoke-free legislation. A quiet room is available to anyone requiring medical attention and a First aid box will be available on the premises, and also an accident book to record all accidents or incidents. A copy of the risk assessment will be kept at the premises for inspection.
As a responsible person I will carry out and regularly review a fire risk assessment of the premises. This will identify what I need to do to prevent fire and keep people safe. My risk assessment has considered, emergency routes and exits and the fire fighting equipment. An emergency fire evacuation plan has been placed for the needs of vulnerable people and the elderly.
Identify the fire hazards risk to the public evaluate, remove or reduce the risks, preparing an emergency plan and provide training for the employees, reviewing and updating the fire risk assessment will be kept, once there are 5 or more employees.
Victoria Beverages will hold two CO2 fire extinguishers which contain pure carbon dioxide which is a clean extinguish, leaving no residue. Suitable for class B flammable liquid fires such as alcohol and recommended for use on live electrical equipment.
d) Prevention of Public Nuisance
Victoria Beverages is allocated in the Mill Hills Trading Estate, a clear 150 meters from any residential home. Therefore, prevention of public nuisance is not an issue.
e) Protection of Children from Harm
A detailed documented policy in setting out measures to protect children from harm would be placed on the premises. Taking a proactive approach in protecting and managing the wellbeing of children on the premises.
Victoria Beverages will operate a strict 'No ID - No Sale' policy. A 'Challenge 25' scheme will be adopted giving staff training and encouragement to ask for ID from any person appearing to be under 25 years of age, to prove that they are over 18. A procedure in place which will identify all age restricted risks and measure implementing to prevent, manage and respond to those risks. Training will be provided for staff to competently check customer’s identification where necessary. A record will be kept of the date and name of person trained in the age related sections of the Licensing Act 2003.
Till prompts will be placed to remind staff to ask for proof, in only accepting photographic driving licences, passports or PASS cards approved as means of ID. Other forms of ID such as EU National ID cards must have a photograph, date of birth and holographic mark. A refusal book will be kept on the premises, completed for the reason in refusal of sale, available to Police on request.