Licensing Act 2003
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.
ADDITIONAL MANDATORY CONDITIONS
1. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol
(2) 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 a holographic mark
Annex 2 - Conditions consistent with the Operating Schedule
1. General
i. All staff ARE aware of the need to promote the licensing objectives, with particular attention to refusing service to persons who are drunk, aggressive, disorderly or appear to be underage and seeking to purchase alcohol. Also persons who are overage but who are suspected of purchasing alcohol for consumption by children (proxy sales).
ii. The Premises Licence Holder (PLH) or Designated Premises Supervisor (DPS) will ensure all staff employed at the premises are aware of the law and their responsibilities under the Licensing Act, staff must undertake training in Licensing Law, such as the ‘Fair Trading Award - Do You Pass’ accreditation, the BIIAB Award in Responsible Alcohol Retailing or any other training to this standard to be provided by the PLH/DPS. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
iii. The PLH/DPS will maintain a written record of this training, detailing what date it was completed, when refresher is due/date refresher completed, and what type of training was 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.
iv. The premises will endorse the PASS proof of age scheme. Any form of ID not displaying a photograph of the bearer and / or the PASS hologram will be refused and sale of alcohol denied.
2. Prevention of Crime and Disorder
i. Digital CCTV WILL be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUAILTY in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits and all area where the sale/supply of alcohol occurs.
ii. Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.
iii. The PLH must ensure at all times a DPS or appropriate member of staff is capable and competent at downloading CCTV footage in a recordable format i.e. DISC to the Police / Local Authority on demand.
iv. The recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or the responsible named individual. An operational daily log report must be maintained and endorsed by a signature indicating that the system has been checked and is compliant, in the event of any failings action taken are to be recorded.
v. In the event of technical failure of the CCTV equipment the PLH/DPS MUST report the failure to the Police/Council Licensing immediately.
vi. The CCTV shall be a system approved by a Greater Manchester Police Crime Reduction Advisor and is working to a satisfactory standard.
vii. The CCTV shall be in use and recording at all times the business is open.
viii. All spirits will be displayed behind a permanently manned counter and all beers and wines will be displayed in clear view of the counter.
3. Public Safety
i. The premises will display all required legal and information notices at the relevant positions within the premises.
ii. All the fire extinguishers and fire exits will be clearly marked.
iii. There will be a first aid kit on the premises.
iv. The premises will have a valid fire risk assessment.
v. Health and Safety posters will be placed in a visible place on the premises.
4. Prevention of Public Nuisance
i. No one under the age of 18 will be served with alcohol or tobacco.
ii. Regular checks will be made by staff to ensure that any litter outside the shop is cleared away. Customers will not be allowed to loiter outside the store causing a nuisance to customers/residents and passerby’s.
5. Protection of Children from Harm
i. The premises adopt the Oldham Council ‘Challenge 25’ scheme and operate a refusals book and will keep daily records.
ii. It is the responsibility of the PLH/DPS to ensure they review the refusals book and endorse the pages of the book to demonstrate that they have reviewed it and date accordingly.
iii. All ‘Challenge 25’ materials/posters/refusals book will be initially supplied by Oldham Council staff. It is the responsibility of the PLH/DPS to notify council staff when additional materials are required e.g. new Challenge 25 refusals book, or when materials have been lost or damaged.
Annex 4 - Embedded Conditions
S.164 LA 1964
Off-licence
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
Off-licences and off-sales departments of on-licensed
a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.
premises
b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.
c. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
d. On Good Friday, 8 a.m. to 10.30 p.m.
The above restrictions do not prohibit:
(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.
S.166 LA 1964
Licensed premises
Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:
(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
(c) to a canteen or mess.