Annex 1- Mandatory Conditions
1. Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor (DPS) in respect of the premises licence, or
(b) At any time when the designated premises supervisor (DPS) does not hold a personal licence or his/her personal licence is suspended.
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
4. The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
(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 (other than
any promotion or discount available to an individual in respect of alcohol for
consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a
sporting event, where that provision is dependent on -
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
5. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
6. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7. (a) 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.
(b) 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.
8. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
9. 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]
MAIL AND INTERNET OFF-SALES DELIVERED (PREMISE LICENCE ONLY)
The Premise Licence holder shall ensure that an age verification policy applies to the premise in relation to the sale or supply of alcohol.
The policy must require individual 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.
Note: As long as age verification has taken place already by other means, companies that sell alcohol remotely (e.g. on-line or by mail order need not require photographic identity at the point of delivery).
Annex 2- Conditions consistent with the operating schedule
General
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 in this respect. Staff members will be properly authorised and trained including:
A notice of authority record for all staff who sell or supply alcohol
Adequate training for staff and records kept for inspection
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 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 operation of the business shall have a policy of:
Maintaining staffing levels at an appropriate level to ensure adequate security both of the premises and within the delivery vehicles of the couriers
No cash handling by delivery drivers
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 Safety
The premises licence holder shall ensure that management and staff have an effective policy to promote public safety. The DPS will liaise with responsible authorities to ensure that all aspects of public safety are adhered to. The policy will include:
Any risk to safety shall be assessed before the premises are opened to the public and throughout the hours of operation
Delivery vehicles being maintained and operated safely
No sales or supplies of alcohol undertaken where it is reasonably considered that this might negatively affect the public safety licensing objective
Ensuring that the entrance and any walkways within the premises are kept free from obstruction or hazard
Public safety and fire risk assessments being undertaken and acted upon in accordance with current recommendations and requirements.
Effective lighting 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, and constantly assess the risk of public nuisance and take immediate steps to eliminate the problem. Staff will ensure:
Deliveries will be conducted in a responsible and considerate manner, ensuring no disturbance to local residents or businesses
No sales or supplies of alcohol undertaken where it is reasonably considered that this might negatively affect the public nuisance licensing objective
The premises and public areas nearby are kept free from waste or litter associated with the operation of the business
Any noise, light pollution, vibration and any other potential nuisance is monitored and kept to an acceptable level
Waste removal is undertaken 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 will 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
Staff training will occur before a staff member is authorised to sell or deliver alcohol for the business
The age verification policy shall be one of Challenge 21. This shall be specified in promotional material, terms and conditions, within the premises and emphasised through staff training. Anyone not looking 21 at the point of delivery or sampling will be expected to prove that they have turned 18. 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.