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.
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 - all four licensing objectives
The Premise Licence Holder or Designated Premises Supervisor will ensure all staff employed at the venue are aware of the law and their responsibilites under the Licensing Act. Staff must undertake training in licensing law, such as the BIIAB Award in Responsible Alcohol Retailing or any other recognised training courses. All new staff must receive this training within 3 months of commencing employment at the premises. Refresher traiing must be given every 12 months. A personal licence holder or member of the management committee will be present on the premiss when functions are taking place.
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 footge must be stored for a minimum of 31 days.
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 who is trained to operate the system and supply footage must be present at the premises at all times when licensable activites 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 oepration of the cameras, the recording facilities, the facilites 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 carryingout 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.
Public Safety
All staff shall be trained in respect of the fire risk assessment and health and safety risk assessment. Such training shall be recorded and produced for inspection by the Police, Fire Officers and authorised officers of the Licensing Authority upon request.
All exit routes and doors on such routes shall be checked on every occasion the premises is used for licensable activity and at regular occasions when the premises are open to the public to ensure they are free from defect, obstruction, trip hazards and surfaces are not slippery. A record of such inspections, any defect discovered and the remedial action taken shall be made in writing in a logbook kept for that purpose. That logbook shall be produced for inspection to Police, Fire Officer or authorised officer of the Licensing Authority upon request.
The furniture or seating in the premises shall be arrainged so it does not obstruct any exit, route to any exit or to any faciity within the premises.
There shall be maintained on the premises at all times, an adequate and appropriate supply of first aid equipment and materials.
Fire Action sign displayed throughout the building and all fire escapes are lit up and clearly marked.
The Provision of Public Nuisance
All drinks consumed outside will be restricted to the beer garden or designated area's and front patio area. No drinks will be consumed on the car park. A notice to this effect shall be displayed at the premises.
All doors and windows shall remain closed whilst regulated entertainment is taking place at the premises. the only exception to this is for the access and egress of customers.
The fire exit door at the premises shall remain closed at all times the premises are open to the public, save for emergency use in the event of evacuating the premsies.
Notices will be placed in the area used for smoking requesting that customers using the area are quiet, respecting the needs of local residents.
Notices will be placed at the exit of the premisesrequiring customers to leave quietly.
The Protection of Children from Harm
The premises shall adopt 'Challenge 25' as its age verification policy, and staff shall be trained in respect of this policy.
No person under the age of 18 shall be permitted entry into the premises with the exception of persons accompanied by an adult, attending a speciifc function at the premises. All U18's will be escorted from the premises by a responsible person.
The only forms of acceptable ID shall be a photo style driving licence, a passport, an identification card which bears the 'PASS' logo in a hologram format, and military ID.