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
1. A CCTV system, capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering the premises, shall be continually recording at the premises during licensable hours.
2. In the event of a failure of the CCTV system installed at the premises the failure shall be recorded in a CCTV log and immediate steps shall be taken to rectify the failure.
3. Nominated staff shall be trained in the operation of the CCTV system to ensure the rapid data retrieval & downloads of footage can, if requested, be provided to the Police, an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised trading standards officer within a reasonable time in and accordance with the Data Protection Act.
4. All spirits will be stored and sold behind the counter.
5. No singular alcoholic drinks, including beer, lager & cider shall be sold; a minimum purchase of 4 will be required.
6. No Beers, Lager or Cider of 6.5% ABV and above shall be sold.
7. The premises shall operate a Challenge 25 scheme. The detail of this scheme shall be written down and retained at the premises. The Designated Premises Supervisor or the Premises Licence shall, If requested, provide a copy of the scheme to the police or an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised trading standards officer.
8. Prominent, clear and legible Challenge 25 signage stating that the scheme is in operation shall also be displayed at the entrance to the premises and behind the counter.
9. All staff engaged in the sale of alcohol will be trained in the Challenge 25 scheme. Training records shall be retained on the premises and the Designated Premises Supervisor, or the Premises Licence shall, if requested, provide a copy of the training records to the police or an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised trading standards officer.
10. A written register will be kept of the people who have been refused the sale of alcohol or other Age Restricted products. The refusal records shall be retained at the premises for a period of 12 months. The Designated Premises Supervisor or the Premises Licence shall, if requested, provide a copy of the refusal records to the police or an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised trading standards officer.
11. The premises shall operate a refusal Policy where alcohol shall not be sold to:
a) Persons who are drunk (or appear to be drunk:)
b) Any Person attempting to purchase alcohol for another person who appears to be drunk;
c) Persons who are either verbally or physically abusive towards any customer or staff;
d) Persons who are unable to produce valid ID when requested by staff (Note: these refusal shall also be recoded in accordance with condition 9);
e) Any person behaving in an anti-social manner towards any customer, staff or the premises (Note: these refusal shall also be recoded in accordance with condition 14);
f) Any person recognised or identified as a street drinker (regardless of their level of . inebriation at the time); and
g) Any person found to be drinking alcohol in the street.
12. A minimum of two clear and legible signs that set out the refusal policy in operation at the premises shall be displayed where it can be easily read by customers
13. Proxy signs shall be fitted near to all alcohol points of sale positions warning people not to buy alcohol for children.
14. Staff will report any anti-social behaviour or acts of crime to the police immediately and provide the police with any CCTV footage on request. In addition, an incident log shall be kept at the premises in which the following shall be recorded;
a) All crimes or incidents of disorder, relevant to the premises and the licensing objectives; and
b) Incidents that have be reported to the Police,
15. The incident log shall be retained at the premises for a period of 12 months from the date incident occurred and will be made available for viewing on demand by a Police Constable.
16. When the designated premises supervisor is not on duty, a contact telephone number shall be available at all times.
17. Staff shall be vigilant and monitor the area immediately outside the shop and will use their best endeavours to disperse groups of 3 or more persons that appear to be loitering outside the shop if they have been customers of the shop.
18. A notice shall be on display at the front of the premises asking people to leave the premises quickly and quietly.
19. Deliveries to the premises shall be conducted in a manner that will not cause a nuisance to the occupiers of any residential properties surrounding the delivery address and deliveries shall be made at a time that will not lead to any public nuisance.
20. The Premises Licence Holder / Designated Premises Supervisor will ensure that any litter arising from customers using the premises is cleared away from the area outside of the premises and that this area is checked periodically throughout the times when the shop is open to the public.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans