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 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.5 (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.
1.6 The responsible person must 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;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of
alcohol to be sold, the customer is made aware that these measures are available.
1.7 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]
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
) General - all four licensing objectives (b, c, d and e) (please read guidance note 10)
The premises licence holder shall ensure that all members of staff shall undertake suitable and sufficient training in respect of licensing law, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objectives. Training records shall be accurately and legibly maintained and produced upon demand to an authorised officer of the Police or Licensing Authority. Refresher training shall be undertaken at least once every 12 months, with any new member of staff to be trained within 6 weeks of taking their position and prior to undertaking any direct duties in relation to the sale or supply of alcohol |
b) The prevention of crime and disorder
Patrons shall not be permitted to leave the premises with opened bottles or glassware. No illegal drugs shall be permitted on the premises, and all hirers/users made aware of a zero tolerance to drugs on the premises. Notices shall be prominently displayed and maintained in respect of this matter. The premise licence holder shall ensure that all refusals are promptly recorded in a legible format and shall be produced to an authorised officer of the Police or Local Authority upon request. The sale of alcohol off the premises shall be via delivery to a home or bona fide business address only. For the avoidance of any doubt there shall be no deliveries of open air outdoor locations under |
c) Public safety
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. The premise licence holder shall ensure adequately illuminated during the hours of darkness whilst the premises are being used for licensable activities. The premise licence holders shall ensure that empty drinking vessels will be regularly collected. |
d) The prevention of public nuisance
During operating hours, the premises licence holder or a nominated representative shall be available to receive and respond to nuisance-related complaints. A contact telephone number shall be provided to the Licensing Authority for that purpose. The premises licence holder shall take all reasonable steps and precautions to minimise the risk of disturbance or nuisance to local residents caused by events or attendees at the licensed premises (whether through people noise, entertainment noise, vehicular noise, waste disposal, event set-up or breakdown, littering or noxious odour). Staff on duty shall monitor the activity of patrons leaving the premises and assist with a managed departure. Persons leaving shall be reminded to act in a responsible manner and leave the immediate area with consideration to the needs of the local community. Notices shall be prominently displayed and maintained on the premises requesting that attendees/users of the licensed premises leave the premises and the vicinity quietly and with respect to the needs of neighbouring properties. Fulfilment of on line/off sales alcohol to the public shall be facilitated between the hours of 08:00 and 18:00. |
e) The protection of children from harm
The premise licence holder shall adopt a Challenge 25 proof of age scheme. The premise licence holder shall operate a requirement for the production of photographic evidence where the individual requesting the supply of alcohol appears to be under the age of 25. 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. Children shall only be permitted in areas of the premises being used for licensed activities or events where accompanied and under the supervision of an adult. Where events or activities are intended primarily or exclusively for persons under the age of 18, the premises licence holder shall ensure that no alcohol is available for sale or supply and that all alcohol is removed or secured so it is not available for viewing or unauthorised supply. The premise licence holder shall ensure strict terms and conditions are in place stressing that the purchaser and those receiving a delivery of alcohol must be at least 18 years of age. |