ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 No supply of alcohol may be made under the premises licence:
(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 (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.
1.4 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 The premises licence holder shall ensure that relevant members of staff receive and complete suitable and sufficient training to include licensing law, Contact details of the Designated Premises Supervisor available to staff and responsible authorities, Deliveries of alcohol only to pre-arranged addresses, The carrying and maintenance of records of orders on-board delivery vehicles, Strict terms and conditions over purchase, ordering and delivery emphasising the right to and the duty to refuse alcohol sales or supplies where there are concerns over age, drunkenness, location or the vulnerability of customers, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objectives, with written records retained of training undertaken and made available for inspection by the Police or an authorised officer of the Licensing Authority upon reasonable request. An appropriate training manual shall be operated and retained at the licensed premises. Refresher training shall be undertaken at least once every 12 months, with any new member of staff to be trained within six weeks of taking their position and prior to undertaking any direct duties. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria.
2.2 Crime Prevention posters shall be prominently displayed and maintained on the licensed premises relating to any prevalent crime and disorder issues in the local area.
2.3 The premises licence holder shall ensure that notices are prominently displayed and maintained on the premises requesting that customers enter and leave the premises quietly.
2.4 The Premises Licence Holder shall conduct full risk assessments for all public licensable activities held at the licensed premises, so as to promote the public safety licensing objective. Records of such risk assessments shall be made available to an authorised officer of a Responsible Authority or the Licensing Authority upon request.
2.5 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.
2.6 The premises licence holder shall adopt a ‘Challenge 25’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 25.
2.7 Alcohol shall be displayed away from sweets and confectionary products, so as to promote the protection of children from harm.
2.8 An incidental/refusals register shall be maintained on the premises and kept up to date. The register shall be made available to an authorised officer of the Police or Licensing Authority upon request. This register shall include records of any crimes, complaints, refusals, incidents of disorder, visit by responsible authority or emergency responder.
2.9 No supply of alcohol for consumption OFF the licensed premises shall be in an opened bottle or glass. Customers shall not be permitted to consume any alcohol, purchased in the premises, in the immediate vicinity of the licensed premises.
2.10 The premises licence holder shall take all reasonable anti-fraud and underage sales precautions to ensure that no on-line/telephone sales of alcohol are made or delivered to persons under the age of 18. On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being REFUSED OUTRIGHT.
2.11 The premises licence holder shall take all reasonable precautions to ensure that delivery staff or contractors shall only deposit the order of alcoholic products with an adult and that the order is signed for.
2.12 The sale of alcohol shall be for consumption off the premises with a delivery to a home or bona fide business address only. For the avoidance of any doubt there shall be no deliveries of alcohol to open air outdoor locations under any circumstances.
2.13 Where the premises licence holder maintains a website for the business or any forms of advertising/promotional material which is only supplied to customers of home deliveries or leaflet dropped to home or business addresses these shall contain:
a) The name of the delivery service, valid telephone numbers, e-mail address, the premises licence number which authorises the sale/supply of alcohol and the relevant licensing authority which issued the premises licence;
b) The ordering by, sale/supply of any alcohol product to anybody under the age of 18, or delivery of any alcohol products to anybody under the of 18 is strictly forbidden; and
c) On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being REFUSED OUTRIGHT.
2.14 No person under the age of 18 shall be employed by the premises licence holder to act as the driver of a vehicle to be involved in the operation of the licensed business nor shall any person under the age of 18 have any responsibility for the delivery of alcoholic products from the licensed premises.
2.15 The premises licence holder or designated responsible person on the premises shall not permit customers to enter the licensed premises with open containers of alcohol.
2.16 The premises licence holder shall ensure that management and staff take appropriate steps to ensure that the business remains free from crime and disorder and neither creates nor contributes towards crime and disorder.
2.17 The premises licence holder shall operate a policy of:
a) Maintaining staffing numbers at an appropriate level so as to ensure adequate security of the premises and within the delivery vehicles of the couriers and alcohol supplies.
b) No cash handling by delivery drivers’
c) Observing the duty to be a responsible alcohol retailer and always refuse to supply alcohol where there is a likelihood that such a sale might contribute towards crime and disorder.
2.18 The premises licence holder shall ensure that the DPS and staff are mindful of the need to reduce the impact of nuisance caused by the operation of the business, whether by noise, odour, vibration, light or other cause, and shall constantly assess the risk of public nuisance and take immediate steps to eliminate the problem. Staff will ensure that:
a) Deliveries shall be conducted in a responsible and considerate manner, ensuring no disturbance to local residents or businesses
b) No sales or supplies of alcohol shall be undertaken where it is reasonably considered that this might negatively affect the public nuisance licensing objective
c) The premises and public areas nearby shall be kept free from waste or litter associated with the operation of the business
d) Any noise, light pollution, vibration and any other potential nuisance shall be monitored and kept to an acceptable level
e) Waste removal shall be undertaken at a time that does not cause disturbance.
2.19 The premises licence holder shall ensure that the business is operated in such a way that reflects a commitment to be a responsible retailer. To protect children from harm there shall be a policy of:
a) Strict terms and conditions stressing that the purchaser and those receiving a delivery of alcohol must be at least 18 years of age.
b) The business and courier shall refuse a sale or delivery of alcohol when it is reasonably considered that such a sale or delivery might directly or indirectly undermine the child protection objective.
c) Staff training shall occur before a staff member is authorised to sell or deliver alcohol for the business.
d) The age verification policy shall be one of Challenge 25. This shall be specified in promotional material, terms and conditions, within the premises and emphasised through staff training. Anyone not looking 25 at the point of delivery or sampling will be required to prove that they have turned 18, otherwise the delivery or sampling will be refused and recorded. Acceptable ID will be a photo driving licence, passport, PASS accredited proof of age card or other photo ID that is recommended for acceptance by the police or other authorities.
2.20 There shall be no deliveries to and from the licensed premises outside of the following operating times; Monday to Saturday between the hours of 07:00hrs to 23:00hrs and Sundays between the hours of 09:00hrs to 21:00hrs.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None