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 (“relevant person” means 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]
Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
Where the permitted price on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
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:
The premises licence holder shall take all reasonable underage sales precautions to ensure that no on-line/telephone sales of alcohol are made or delivered to persons under the age of 18 years. On delivery when asked to do so, refusal or failure to provide valid ID will result in the delivery of an alcohol order being refused and the order to be returned to the premises.
Acceptable valid and accredited ID as follows:
A photo driving licence;
A passport;
A identification card carrying the ‘PASS’ hologram.
The sale of alcohol will only be delivered to a home or bona fide address.
The premises licence holder shall ensure that all refusals are promptly recorded in a legible format and shall be made available for inspection.
All staff engaged in licensable activity at the premises shall receive training and information in relation to the following:
The ‘Challenge 25’ Policy, including the forms of identification that are acceptable
How to complete and maintain the refusal register
Recognising the signs of drunkenness
Details of the DPS and responsible authorities
The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase
All staff over the age of 18 years will be authorised by the Designated Premises Supervisor, and maintained for inspection.
Training shall be recorded in documentary form and shall be regularly refreshed every year. Training records shall be made available for inspection.
There shall be no deliveries to and from the licensed premises outside of the hours of
09:00hrs and 18:00hrs.
The premises licence holder shall ensure that management of staff take appropriate steps to ensure that the business remains free from crime and disorder. We shall:
Maintain appropriate levels of staffing to ensure adequate security of the premises and within delivery vehicles.
Have no cash handling by delivery drivers
Be a responsible alcohol retailer and always refuse to supply alcohol where there is the likelihood that such a sale might contribute towards crime and disorder
The Designated Premises Supervisor shall attend any meeting convened by the Police to discuss matters relating to the premises.
Open containers of alcohol shall not be removed from the premises.
All alcohol shall be held securely.
The premises will not be open to the public.
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 public safety is promoted.
Our policy shall include the following:
Delivery vehicles will be maintained, secure and operated safely
No sale of alcohol undertaken where it is reasonably considered that this might negatively affect the public safety licensing objective
The premises will be kept free from obstructions or hazards.
Regular/ongoing Health & Safety risk assessments shall be conducted to identify and deal with hazards that may involve tripping, manual handling, electric shock and hazardous substances
Regular/ongoing Fire risk assessments shall be conducted
Effective lighting maintained and operated to ensure the safety of all
All portable equipment shall be kept in good working order and tested regularly.
The premises shall maintain a first-aid box and accident book.
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 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.
All waste shall be properly presented and placed out for collection. No waste or recyclable
materials, including bottles, shall be moved, removed from or placed in outside areas between
22:00 hours and 07:00 hours on the following day.
A telephone number shall be made available in the case of noise-nuisance. The telephone number shall be a direct number to the named Designated Premises Supervisor. A record shall be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records shall be made available for inspection
The outside area shall be regularly swept and litter and sweepings collected and stored in
accordance with the approved refuse storage arrangements by close of business.
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 delivery driver 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 shall occur before a staff member is authorised to sell or deliver alcohol for the
business
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.
The age verification policy shall include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18 (proxy sales).
An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register shall include the date and time and reason for
refusal, details of the person refusing the sale and description of the customer. The refusals
register shall be made available for inspection.