LICENSING ACT 2003
Annex 1 - Mandatory conditions
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.
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.
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
Annex 2 - Conditions consistent with the Operating Schedule
General
All staff are aware of the need to promote the licensing objectives as a whole, with particular attention to the laws regarding the sale of alcohol. Alcohol sales will cease 30 minutes prior to closing. Any recorded music will cease 30 minutes prior to closing.
No customers will be allowed to congregate on the pavement outside the premises.
No customer will be allowed to take alcoholic drinks outside for consumption on the pavement.
No customers or staff will be allowed to park a vehicle near to the premises for the purpose of playing music for the benefit of the venue.
Customers will not be permitted to use the outside pavement area of the premises as an extension to the venue and this will be proactively be managed by the premises staff.
Staff will be well trained to ensure everyone is safe and no unlawful sale is made.
Only staff authorised by the supervisor will be allowed to make alcohol sales.
Records of staff training will be kept for authorised persons to see.
Strong management controls
Train all staff to understand the licence and how to satisfy its requirements by not selling alcohol to underage people, not allow drunk and disorder around the premises and also violent and anti-social behaviours within the premises.
Make sure only authorised staff sell alcohol.
Display the Challenge 25 signs to prevent the sale of alcohol to underage drinkers.
As a licensed premises we will at all times promote and obey the four licensing objectives.
The Prevention of Crime and Disorder
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 on request. 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.
A member of staff is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.
The Responsible Person must ensure that the CCTV system is checked at least once every week 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 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.
No more than 20 people will be allowed in the premise to avoid overcrowding.
Display a clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.
Not sell alcohol to drunk or intoxicated customers.
Staff will be well trained in asking customers to leave premises in an orderly and respectful manner.
As it is a rather small premise always make sure there are two staff working at times when alcohol is on sale.
Public Safety
Designate Premises Supervisor
1. The DPS to give the police 7 days’ notice of any absence from the premises of more than 7 days i.e. holidays and nominate who will be the responsible person in charge whilst away.
2. DPS or Premises Licence holder will be a member of the Pubwatch scheme and attend meetings on a regular basis.
3. A personal licence holder will be on duty on the premises at all times when the premises are open for business.
There will be plenty of internal and external lighting to promote the public safety objective.
Training of staff to implement ID checks.
Keep available information of any inspection.
Staff Training
1. The Premises Licence Holder or Designated Premises Supervisor will ensure all staff employed at the venue are aware of the law and their responsibilities under the licensing act. All staff must receive training within 3 months of employment. Refresher training must be given every 12 months.
2. The venue will maintain a written record of this training, detailed what date completed, when refresher is due/date refresher completed. What type of training provided. 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 the Police/Council on request.
3. All staff will be familiar with the premises licence, its opening times and its conditions.
Staff will be trianed in fire safety and evacuation.
The Prevention of Public Nuisance
Excluded Individuals
Excluded individuals will be denied entry into the premises (excluded individuals include those subject to any court bans such as Criminal Behaviour Orders, Pubwatch exclusions and those excluded by the licence holder)
Noise reduction measures
Deliveries of goods to be carried out at such times and manner as to prevent nuisance and disturbance to nearby residents.
Adequate waste for use of customers will be provided in the local vicinity.
The Protection of Children from Harm
Challenge 25 Scheme
A documented Challenge 25 scheme will be operated at the premises. The Challenge 25 scheme shall be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over. Failure to supply such identification will result in no sale or supply of alcohol to that person.
The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the display of Challenge 25 posters bearing the PASS logo.
A PASS accredited holographic proof of age card will be the main identification document accepted at the premises as proof of age. A PASS card must be accepted as proof of age if a purchaser possesses one. Where a purchaser does not possess a PASS accredited proof of age card, only the following alternative forms of identification will be acceptable:-
a) Photo driving licence
b) Passport or
c) Her Majesty’s Forces Warrant Card
No under 18’s permitted on the premises - By 19.30 hours all under 18’s off the premises
Adult Entertainment
No entertainment or activity of an adult or sexual nature will take place within the premises.
Keep available within the premises the training record book for future reference and also keep a log book in the premises at all times.