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
Alarm system with panic buttons, CCTV system with recording facilities and 28 day library, trained staff with recorded ongoing alcohol training regime, challenge 25 and proof of age initiative embraced, instore challenge signage, refusals system with refusals book an incident book.
b) The prevention of crime and disorder
- An Incident book to be maintained at the premises with entries made of any incident related to licensable activities. This book to be made available at all times to officers of Oldham Council or GMP.
- The designated premises supervisor will maintain written records of when staff have been trained and when refreshers on the systems and requirements are issued. The written records of when staff have been trained or when refreshers have been issued will be stored in the training material file, detailing what date the training was completed, when a refresher is due, date refresher completed and what type of training was provided. Refresher training will be carried out at least every 3 months or sooner if circumstances require. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to Oldham Council and Greater Manchester Police upon request to the DPS. Training will be required to be given to any individual who is given the authority to make a sale at the premise irrespective of whether they receive a wage / payment.
- A tamper-proof digital colour CCTV system must be installed and maintained to a satisfactory standard at the premises.
- The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 28 days.
- The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.
- Recorded footage must be provided to a representative of any responsible authority or an officer of the Licensing Authority on request to the DPS. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.
- The designated premises supervisor must ensure that the CCTV system is checked at least once every month by a suitably trained member of staff. This check must 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 must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority or an officer from the Licensing Authority on request to the DPS.
- 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.
- The designated premises supervisor shall review the CCTV monthly in order to identify persons under the age of 18 who are attempting to buy age restricted products or persons over 18 attempting to buy on behalf of persons under 18. A record of these checks shall be maintained and made available to a representative of any responsible authority or an officer from the Licensing Authority on request to the DPS.
c) Public safety
Staff trained in fire safety procedures and the use of fire safety equipment, fire fighting equipment.
d) The prevention of public nuisance
Staff trained to deal with situations, useable waste bins provided on the forecourt.
e) The protection of children from harm
- A ‘Challenge 25’ policy shall be operated on the premises at all times. The policy must be understood by all employees. The policy will be documented, read and signed by all individuals working at the business to indicate that they understand it within the training regime. The policy must require all staff to check the identification of all persons who appear to be less than 25 years of age. The check shall be made by examining either a passport, photographic driving licence or PASS approved proof of age card. These checks must be made for every sale of this nature regardless of previous checks. Any individual who works at the premise must be aware of the ‘Challenge 25’ policy.
- Clearly visible notices shall be displayed at the entrance, at the point of sale and where the goods are displayed highlighting the operation of the ‘Challenge 25’ policy. The notices will display details of the operation of the ‘Challenge 25’ and valid identification policy.
- One refusals register will be maintained detailing all refusals and the reason for the refusal, including people suspected of purchasing alcohol or tobacco on behalf of a person under 18 years of age. The refusals register will be reviewed by the designated premises supervisor on a weekly basis to show that refusals are being monitored and to sign and date the refusals register when this review takes place. This book to be made available at all times to officers of Oldham Council or GMP.
- The designated premises supervisor is required to observe staff undertaking sales of age restricted products on a weekly basis to ensure they are operating the ‘Challenge 25’ policy, requesting the appropriate identification and completing the refusals register appropriately. The designated premises supervisor is to make a record that such observations have taken place.