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 license -
(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 license or his personal license 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
Overcrowding shall not be permitted in any part of the premises.
The Premises licence holder, or the person appointed to be in charge of the premises when licensable activity is taking place, shall provide or have the unhampered use of a telephone on the premises for use in an emergency.
The Prevention of Crime and Disorder
Management and staff shall be in attendance in the trading area at all times that alcohol is sold or supplied.
A CCTV system will be installed and shall be maintained and working. The system will be fit for purpose of the prevention and detection of crime, and be capable of providing images of identification standard. The system will display on the recordings the correct date and time and images will be retained for 31 days. The siting of the cameras will be in consultation with the Police crime reduction officer.
The premises licence holder shall require the designated premises supervisor, or in his/her absence other responsible person, to keep an 'incident/refusals logbook in a bound book in which full details of all incidents are recorded. This shall include details of any refused sales and shall give details of the persons involved, incident description, time and date, actions taken and final outcome of the situation. This shall be completed as soon as possible and in any case no later than the close of business on the day of the incident. The time and date when the report was completed, and by whom, is to form part of the entry. The logbook is to be kept on the premises at all times and shall be produced to an authorised officer of the Licensing Authority of constable when required.
There shall be no off sales of alcohol.
Public Safety
Fire appliances, suitable to the fire risks in the premises, shall be provided to the satisfaction of the Licensing Authority and such equipment shall be maintained in proper working order and kept available for instant use. Such equipment shall be conspicuously placed and unobstructed at all times.
The Prevention of Public Nuisance
Background music shall not be played at a level that will cause unreasonable disturbance to the occupants of any properties in the vicinity.
Applicant shall co-operate with Police or Officers of the Local Authority in the implementation of any initiatives to combat crime, disorder, antisocial behaviour or nuisance in the vicinity.
The premises licence holder shall take appropriate measures to ensure that patrons leave the premises in a quiet and orderly fashion.
The premises licence holder shall ensure that adequate measures are in place to prevent the escape of odours from the premises. This includes odours from food preparation& refuse storage.
The premises licence holder shall include that adequate measures are in place to remove litter or waste arising from their customers & to prevent such litter from accumulating in the immediate vicinity of their premises.
The Protection of Children from Harm
All staff to be trained in the prevention of under age sales to a level commensurate with their duties. All such training to be updated as necessary for instance when legislation changes and should include training on how to deal with difficult customers. The training should be clearly documented and signed and dated by both the trainer and the member of staff receiving it. The documentation shall be available for inspection on request by an authorised officer of the Licensing Authority or constable.
An approved proof of age scheme shall be adopted, implemented and advertised within the premises such as "Challenge 25" whereby an accepted form of photographic identification shall be requested before any alcohol is sold to any person who appears to be under 25 years of age. Acceptable proof of age shall include identification bearing the customers photograph, date of birth and integral holographic mark or security measure. Suitable means of identification would include PASS approved proof of age card, photo-card driving licence and passport.
Annex 4 - Plans
Plan LNG3496.05 approved on 6th September 2016. A copy of the approved plan is held at the Offices of the Licensing Section.