Annex 1 Mandatory Conditions
All Premises Licence authorising supply of alcohol
The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.
1. No supply of alcohol may be made under the Premises Licence -
(a) At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or
(b) At a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.
2. Every supply of alcohol under the Premises Licence must be made, or authorised by a person who holds a Personal Licence.
3. (1) 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.
(2) 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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (1) 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.
(2) The designated premises supervisor in relation to the premises licences must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) 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:-
(a) a holographic mark or
(b) an ultraviolet feature.
6. 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) 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.
Minimum Drinks Pricing
1. A relevant person 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.
2. For the purposes of the condition set out in paragraph 1 -
(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
(b) “permitted price” is the price found by applying the formula -
P = D + (DxV)
Where -
(i) P is the permitted price
(ii) D is the amount 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;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -
(i) The holder of the premises licence
(ii) The designated premises supervisor (if any) in respect of such a licence, or
(iii) The personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.
3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 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.
(2) 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.
If the Premises Licence has conditions in respect of Door Supervision
[except theatres, cinemas, bingo halls and casinos]
1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of the Act.
2. But nothing in subsection (1) requires such a condition to be imposed:
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or
(b) in respect of premises in relation to:
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act.
3. For the purposes of this section:
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Annex 2 Conditions consistent with operating schedule
Prevention of crime and disorder
1. The licence holder shall ensure that a digital CCTV camera system, which shall include 'facial recognition', capable of providing evidential quality images in all lighting conditions shall be used at all times when licensable activities are taking place.
2. The licence holder shall enure that the cameras shall cover the interior and the immediate exterior of the shop. Images will be retained for a minimum period of 28 days and be made available to the Police and Licensing Authority upon request (following an incident, offence or allegation) as soon as possible.
3. The licence holder shall ensure that footage shall be capable of being downloaded onto a portable storage device such as a memory stick or DVD. The CCTV cameras shall cover the entire licensed area of the premises, including the till area where payment is made for alcohol.
4. The licence holder shall ensure that the CCTV recording equipment shall be kept in a secure environment under the control of the premises licence holder (PLH) and/or the designated premises supervisor (DPS).
5. The licence holder shall ensure that the shop shall not sell any beers, lagers or ciders with an ABV of over 6.5% (except any genuine craft or artisan beers).
6. The licence holder shall ensure that that all staff selling alcohol shall be authorised to sell alcohol in writing by the DPS and a record of the authorisation shall be kept in the shop for inspection by authorised officers.
7. The licence holder shall ensure that all new staff shall receive training prior to being allowed to sell alcohol. Such training must include age verification, Challenge 25 and training regarding not selling alcohol to anyone who is drunk. Refresher training shall be carried out every 6 months. Records of staff training shall be kept in the premises available for inspection upon request by authorised officers and must be retained for a minimum of 2 years.
An appropriate number of staff will be on duty in the shop - the number of staff on duty will be assessed and determined on a regular basis by the PLH/DPS taking account of any peak periods in terms of sales, volume of customers, etc.
8. The licence holder The premises shall operate a refusals policy as follows - alcohol will not be sold to;
(1) Any person recognised or identified as a street drinker (regardless of their level of inebriation at the time);
(2) Any person found to be drinking alcohol in the street;
(3) Any person who is drunk or appears to be drunk;
(4) Any person suspected of trying to buy alcohol for another person who is drunk or appears to be drunk;
(5) Any person unable to provide valid photo ID when requested by staff;
(6) Any person who is verbally or physically abusive towards staff or customers.
(7) To any person suspected of trying to buy alcohol for another person(s) who may be under-age.
9. The licence holder shall ensure that signs advising customers of the refusals policy must be on display.
10. The licence holder shall ensure that signs telling customers not to drink alcohol in the street must be on display
11. The licence holder shall ensure that spirits and premium alcohol products must be kept behind the sales counter.
12. The licence holder shall ensure that 'Crimestoppers' literature must be displayed in the shop in order to promote it to the local community.
13. The licence holder shall ensure that an incident register shall be used to record any incidents (witnessed by staff) involving anti-social behaviour, injury and/or ejections from the premises. The register shall include details of the incident including the time, date, location, and name(s) of staff that witnessed it. The register shall be kept in the shop and made available for inspection by the Police or Licensing Authority upon request.
14. The licence holder shall ensure that a recruitment procedure shall be in place which includes the steps that will be taken by the PLH to check the immigration status and the eligibility of an individual to work in the UK in accordance with the Home Office Guidance for employers on preventing illegal working in the UK.
Public safety
15. The licence holder shall ensure that an appropriate fire safety equipment shall be available.
16. The licence holder shall ensure that shall comply with other legislative requirements to ensure that the shop is safe for customers and staff.
Prevention of public nuisance
17. The licence holder shall ensure that notices will be on display in the premises asking customers to be quiet as they leave the premises.
18. The licence holder shall ensure that staff shall be considerate to other parties when unloading deliveries at the premises.
19. The licence holder shall ensure that staff will monitor the area immediately outside the premises on a regular basis to check for, and properly dispose of, any litter.
Protection of children from harm
20. The licence holder shall ensure that the premises must use the Challenge 25 policy to ensure that that only persons over 18 years of age are sold alcohol. All members of staff at the premises shall seek credible photographic proof of age evidence from any such person who appears to be under the age of 25 years and who is seeking to purchase alcohol. Such identification includes a passport, photographic driving licence, military ID or an accredited proof of age card.
21. The licence holder shall ensure that notices shall be clearly displayed at the point of access and at the point of sale in relation to the Challenge 25 Policy.
22. The licence holder shall ensure that notices shall be displayed in the premises where they can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person under 18 years of age.
23. The licence holder shall ensure that a refusals register must be used to record all occasions where there has been a refusal to sell alcohol.
24. The licence holder shall ensure that the register must include the time and date of the refusal, the reason for refusal, details of the product that the customer was trying to purchase, name of the staff member refusing the sale, and a brief description of the person(s) refused.
25. The licence holder shall ensure that the register must be checked and signed on a regular basis by the DPS or, in the absence of the DPS, another person whom has been nominated in writing. It shall be kept on the premises and made available for inspection by authorised officers on request.
26. The licence holder shall ensure that a due diligence checklist (aimed at preventing any underage sales) shall be used and be kept in the shop available for inspection by Authorised Officers.
Annex 3 Conditions attached after a Hearing of Licensing Authority
Conditions 1-26 above following review/consent order.
Annex 4 Plans
See attached.