LICENSING ACT 2003
MANDATORY CONDITIONS
Mandatory conditions where licence authorises supply of alcohol
(1) Where a premises 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 Licensing Act 2003 (Mandatory Licensing Conditions) Order 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.
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4.-(1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014
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.
Annex 2 - Conditions consistent with the Operating Schedule
General
Staff Training
All staff employed at the premises will receive training by the Designated Premises Supervisor on first appointment. Training shall be regularly refreshed and at no greater than 4 month intervals. Training will include input on preventing underage sales, preventing proxy sales of alcohol, preventing sales of alcohol to people who are drunk, maintaining the refusals register and any other relevant matters. A written record will be kept of all training carried out for each member of staff. This record must be kept on the premises and made available for inspection upon request of a Police Officer or an authorised officer of the licensing authority.
Written Authorisation
The designated premises supervisor shall ensure that a written notice of authority is kept at the premises for all staff employed at the premises. The notice shall be made available for inspection upon request of a Police Officer or an authorised officer of the Licensing Authority and all staff selling alcohol must be in possession of formal identification to verify their identity against the notice.
Purchasing Records
All purchases of alcohol and tobacco products must be made from reputable wholesalers and all purchases must be recorded. These records must be made available for inspection upon request of a Police Officer or an authorised officer of the Licensing Authority.
Prevention of Crime and Disorder
CCTV
A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.
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 as identified by Greater Manchester Police.
Recorded footage must be made available to the Police / Authorised Officers of the Licensing Authority upon 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 who 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 Designated Premises Supervisor 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 the Police / Authorised Officers of the Licensing Authority upon 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.
All spirits of high ABV will be stored and sold behind the counter.
When the DPS is not on duty a contact telephone number will be available at all times.
Public Safety
No risk has been assessed under the Licensing Act 2003
The Prevention of Public Nuisance
The premises shall display prominent signage (at the point of sale) that it is an offence to sell alcohol to anyone who is drunk.
The management will monitor the exterior of the premises with the CCTV and use their best endeavours to disperse any persons who appear to be congregating outside the premises.
Protection of Children from Harm
Challenge 25 Scheme
A “Challenge 25” policy shall be operated at the premises at all times.
The only form of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card of other reliable photo I.D that is approved for acceptance by the Police or other Authorised Officers.
Signage for “Challenge 25” scheme shall be displayed at the premises.
A documented product training programme shall be introduced for all staff in a position to sell alcohol. The programme shall be made available for inspection at the request of Trading Standards, Licensing Authority Officers and Police.
A written record shall be kept of the content of training.
Refusals Book
A refusals book must be kept at the premises and must 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 must be recorded. The details to be recorded must be as follows:
(i) Time, day & date of refusal
(ii) Item refused
(iii) Reason for refusal
(iv)Name of staff member refusing the sale
(v) Name & address of customer (if given)
(vi) Description of customer
(vii) Details of identification offered (if shown)
The refusals book shall be checked on a regular basis to ensure that it is being used by staff and each check shall be recorded in the book. The refusals book must be made available for inspection upon request by a Police Officer / authorised officers of the Licensing Authority.
Proxy Notices
The premise must display, in a prominent position, a notice or notices explaining that it is an offence for adults to purchase alcohol and then supply it to persons under 18.
Annex 4 - Plans
Plan 053300 approved on 23rd January 2017. A copy of the approved plan is held at the Offices of the Licensing Section.