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:
Staff training shall occur before a staff member is authorised to sell or deliver alcohol for the business
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 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 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.
● 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
● 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
● 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
● 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.