Annex 1 - Mandatory conditions
General condition:
(1) 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 time when the designated premises supervisor does not hold a personal licence
or his personal licence is suspended.
(2) Every supply of alcohol under the premises licence must be made or authorised by a
person who holds a personal licence.
General condition:
In force from 1 October 2010
(1) The Premises Licence Holder or Club Premises Certificate Holder shall ensure that
an age 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 specified in the policy) produce on request,
before being served alcohol, identification bearing their photograph, date of birth and a
holographic mark.
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
General
The general public shall have no access to the warehouse. Sales of alcohol shall only be made to customers who have an account. Orders shall be placed online, by telephone, fax, email or post to the premises.
Alcoholic products shall dispatched from the premises in vehicles to customers who have placed the orders.
Sales to members of staff employed at the premises shall be facilitated between 0800 and 1900.
The premises licence holder shall ensure that the DPS, management and staff constantly assess any risks to the licensing objectives and shall work in partnership with the responsible authorities to promote the licensing objectives.
Staff members will be properly authorised and trained including:
A notice of authority record for all staff who sell or supply alcohol
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
The Prevention of Crime and Disorder
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.
The premises licence holder shall operate a policy of:
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
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
Public shall not be permitted to have access to the premise
Public Safety
The premises licence holder shall ensure that management and staff have an effective policy to promote public safety. The DPS shall liaise with responsible authorities to ensure that public safety is promoted.
The policy shall include:
delivery vehicles being maintained, secured and operated safely
no sales or supplies of alcohol being undertaken where it is reasonably considered that this might negatively affect the public safety licensing objective
the entrance and any walkways within the premises being kept free from obstruction or hazard
public safety and fire risk assessments being undertaken periodically and acted upon in accordance with current recommendations and requirements.
effective lighting being maintained and operated to ensure the safety of the public and staff
The Prevention of Public Nuisance
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:
Deliveries shall be conducted in a responsible and considerate manner, ensuring no disturbance to local residents or businesses
No sales or supplies of alcohol shall be undertaken where it is reasonably considered that this might negatively affect the public nuisance licensing objective
The premises and public areas nearby shall be kept free from waste or litter associated with the operation of the business
Any noise, light pollution, vibration and any other potential nuisance shall be monitored and kept to an acceptable level
Waste removal shall be under taken at a time that does not cause disturbance.
The Protection of Children from Harm
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:
Strict terms and conditions stressing that the purchaser and those receiving a delivery of alcohol must be at least 18 years of age.
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
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.