ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor in respect of the
premises licence, or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 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.
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).
1.4 (a) 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.
(b) 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.
(c) 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 -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.5 The relevant person (the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) 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.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “permitted price” is the price found by applying the formula -
P = D + (D x V)
where - (i) P is the permitted price, (ii) D is the rate 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;
[“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
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
2.1 All staff on duty at the licensed premises during licensable activities shall have received suitable training, including on key licensing offences, the licence holder’s policies (including Challenge 21) and steps to promote the licensing objectives, before undertaking their duties.
2.2 No consumption of alcohol or use/possession of illegal drugs shall be permitted on the licensed premises.
2.3 No alcohol shall be sold in an opened bottle or container for consuming off the premises.
2.4 An incident/refusals book shall be maintained at the licensed premises, with all refused sales of alcohol, incidents of anti-social behaviour, proxy sales, public nuisance or disorder etc. legibly recorded and made available to an authorised officer of the Police or Licensing Authority upon request.
2.5 The premises licence holder shall ensure that suitable and satisfactory public safety risk assessments are undertaken with outcomes to be legibly recorded in a log-book maintained for that purpose.
2.6 A suitable first aid kit shall be kept on the premises whilst it is open to members of the public.
2.7 Persons congregating outside of the shop which may cause a nuisance or lead to anti-social behaviour shall be asked to disperse and where necessary the Police shall be alerted.
2.8 Notices shall be prominently displayed and maintained on the licensed premises asking patrons to leave the premises and the area quietly.
2.9 Litter and waste from the immediate vicinity of the licensed premises shall be regularly cleared.
2.10 Deliveries or putting out of waste (such as bottles/glass which may cause a nuisance to neighbouring properties) shall not occur between 11pm and 7am.
2.11 Any person attempting to purchase or consume alcohol on the licensed premises and appearing to be under the age of 21 shall be challenged and required to produce a valid photographic identity document as proof of age. For this purpose a driving licence, passport or PASS accredited proof of age card with hologram shall be satisfactory forms of identity.
2.12 Staff shall be vigilant to unaccompanied children attending the licensed premises, and where concerned about their welfare the Police shall be promptly notified.
2.13 Staff shall be vigilant to the possibility of proxy sales, where over 18s attempt to purchase alcohol for under 18s, and sales shall be refused and an entry made to the incident book where proxy sales are suspected.
2.14 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable.