Annex 1 - 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.
20 Mandatory condition: exhibition of films
(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
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
General
The licensing objectives have been carefully considered in the light of the proposed variation taking account of the premises and their location.
The proposed variation will not alter the style and operation of the premises.
The proposed variation will promote the licensing objectives in accordance with the section 182 guidance.
The premises wil operate in accordance with all relevant legislation.
Details of any measures considered necessary to promote the licensing objectives are contained under the relevant objective below.
The prevention of crime and disorder
The crime and disorder objective has been considered in the light of the proposed variation.
The proposed variation will not alter the style and operation of the premises and will not have an adverse affect on the crime and disorder objective.
The proposed variation will promote the crime and disorder objective in accordance with the section 182 guidance.
The premises will continue to operate in accordance with all relevant legislation which promotes the crime and disorder objective.
The premises will liaise and co-operate with the responsible authorities.
A proof of age policy will operate in relation to relevant licensable activities.
A zero tolerance towards illegal drugs will operate at all times.
Any drinks promotions will not adversely affect the promotion of responsible drinking.
Customers will be encouraged to leave the premises in a quiet and orderly manner.
Staff will be trained to observe the measures necessary to promote the crime and disorder objective.
Public Safety
The public safety objective has been considered in light of the proposed variation.
The proposed variation will not alter the style and operation of the premises and will not have an adverse affect on the public safety objective.
The proposed variation will promote the public safety objective in accordance with the section 182 guidance.
The premises will operate in accordance with all relevant legislation which promotes the public safety objective including, but not limited to, the Health & Safety at Work Act 1974 and associated regulations, the Food Safety Act 1990, the Regulatory Reform (Fire Safety) Order 2005 and the Disability Discrimination Act 1975.
The premises will liaise and co-operate with the responsible authorities.
A zero tolerance towards illegal drugs will operate at all times.
Any drinks promotions will not adversely affect the promotion of responsible drinking.
Customers will be encouraged to leave the premises in a quiet and orderly manner.
Staff will be trained to observe the measures necessary to promote the public safey objective.
The existing fire safety precautions will be retained and maintained.
The prevention of crime and disorder
The public nuisance objective has been considered in light of the proposed variation.
The proposed variation will not alter the style and operation of the premises and will not have an adverse affect on the public nuisance objective.
The proposed variation will promote the public safety objective in accordance with the section 182 guidance.
The premises will operate in accordance with all relevant legislation which promotes the public safety objecitve including but not limited to the Environmental Protection Act 1990 and the Noise Act 1996.
The premises will liaise and co-operate with the responsible authorities.
Any drinks promotions will not adversely affect the promotion of responsible drinking.
Customers will be encouraged to leave the premises in a quiet and orderly manner.
Staff will be trained to observe the measures necessary to promote the public nuisance objective.
The premises will be adequately ventilated to prevent nuisance.
Arrangements will be made for the storage and disposal of refuse which do not cause a nuisance.
Any noise from the licensable activities provided will be monitored in order to prevent nuisance.
All external doors and windows shall be kept closed when amplified musical regulated entertainment is being provided other than for access and egress and in the event of an emergency.
The licence holder or nominated person shall conduct regular assesments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and to take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.
A written record shall be kept of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the person making them and the results including any remedial action.
Notices shall be displayed requesting customers to leave the premises and area quietly.
The protection of children from harm
The protection of children objective has been considered in light of the proposed variation.
The proposed variation will not alter the style and operation of the premises and will not have an adverse affect on the protection of children objective.
The proposed variation will promote the protection of children objective in accordance with the section 182 guidance.
The premises will operate in accordance with all relevant legislation which promotes the protection of children objective.
The premises will liaise and co-operate with the responsible authorities.
A proof of age policy will operate in relation to the relevant licensable activities.
A zero tolerance towards illegal drugs will operate at all times.
Staff will be trained to observe the measures necessary to promote the protection of children objective.
Non-alcoholic drinks will be available.
No children allowed on the premises after 21:00 hours.