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:
2.1 The sale of alcohol shall be for consumption off the premises with a delivery to a home or bona fide business address only. For the avoidance of any doubt there shall be no deliveries of alcohol to open air outdoor locations under any circumstances.
2.2 There shall be no advertising or promotional material within the premises indicating the sale or supply of alcohol.
2.3 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.
2.4 The premises licence holder shall operate a policy of:
• Maintaining staffing numbers at an appropriate level so as to ensure ad-equate security of the premises and within the delivery vehicles of the couriers and alcohol supplies
• No cash handling by delivery drivers
• Observing the duty to be a responsible alcohol retailer and always re-fuse to supply alcohol where there is a likelihood that such a sale might contribute towards crime and disorder
2.5 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:
• 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
2.6 The premises licence holder or designated responsible person on the premises shall not permit customer to enter the licensed premises with open containers of alcohol.
2.7 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 undertaken at a time that does not cause disturbance.
2.8 No supply of alcohol for consumption OFF the licensed premises shall be in an opened bottle or glass. Customers shall not be permitted to consume any alcohol, purchased in the premises, in the immediate vicinity of the licensed premises.
2.9 The premises licence holder shall take all reasonable precautions to ensure that delivery staff or contractors shall only deposit the order of alcoholic products with an adult.
2.10 The premises licence holder shall take all reasonable anti-fraud and underage sales precautions to ensure that no on-line/telephone sales of alcohol are made or delivered to persons under the age of 18. On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being REFUSED OUTRIGHT.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable