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 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.
4. 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).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6. (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.
7. 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.
8. 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
I am bound by the law and as I am proposing to run a small restaurant and off licence premises closing at 23.00 hours I believe the following suggestions should be sufficient.
The prevention of crime and disorder
Where glass bottles are used, they will be retained or disposed of on the premises.
No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses (saved corked bottles of partly consumed wine during their meals)
I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.
I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Public safety
We are already bound by health and safety legislation.
I will make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed
I will make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices (for example, electromagnetic releases operated by smoke detectors).
I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
I will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.
The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.
I will notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.
Access for emergency vehicles is kept clear and free from obstruction
I will make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements
I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises.
In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
I will make sure that Fire safety signs are adequately illuminated;
I will not alter Emergency lighting without prior notification to the Licensing Authority
I will make sure that Emergency lighting batteries are fully charged before admission of the public;
In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes;
Where the emergency lighting battery has a capacity of three hours, I will make sure that evacuation of the premises is possible within one hour;
I will make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:
Emergency Lighting System
Fire Warning System
Gas boiler, calorifier or appliance
Portable fire fighting equipment
I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.
I will not alter the premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.
(N.B this will enable you to propose the amendment of any conditions that you would not be able to comply with upon completion of works)
I will make free drinking water available at all times the premises is open to the public;
The prevention of public nuisance
The customers will be encouraged to leave the premises quietly at night.
I will display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly;
The protection of children from harm
Children under 18 must be accompanied by an adult.
A crime prevention policy agreed by the police and local authority will be in place;
I will implement a proof of age policy agreed by the police and local authority;
Note: Proof of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.