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 CCTV system will be in operation at all times the premises are open for licensable activities.
2. The licence holder shall ensure that images shall be stored for a minimum of 28 days and copies made available to police and authorised officer of the licensing authority upon request.
3. The licence holder shall ensure that a fully maintained CCTV system capable of recording and storing images is installed on the premises. The system shall record at all times when the premises are open to the public and images are stored for minimum of 28 days with date & time stamping. This covers all entry and exit points, stock location and checkouts.
4. The licence holder shall ensure that a person conversant with the retrieval and downloading of CCTV footage will be present on the premises at all times when open to the public.
5. The licence holder shall ensure that all recordings will be made available to an officer from a responsible authority upon reasonable request and in line with the provisions of the current Data Protection legislation.
6. The licence holder shall ensure that the CCTV equipment shall be kept in a secure environment.
7. The licence holder shall ensure that a daily log is maintained, signed and dated to illustrate that the system has been checked and is compliant. If any failings are identified this is to be recorded on the CCTV daily operational log form and a job raised using the in-house system to arrange repair.
8. The licence holder shall ensure that all staff involved in the retail of alcohol will be trained in relation to the law regarding its sale. This training will be completed prior to them being authorised to sell alcohol and refreshed every 6 months. A record of this training shall be kept and maintained. A copy of the training material and associated forms shall be retained in the necessary folder as instructed by HO. The recipient of the training will sign to state that they have received and understood the training, and this will be dated. Training records will be kept for on the premises at all times and made available to an officer from a responsible authority upon reasonable request.
9. The licence holder shall ensure that an incident recording system is in operation on site. Incidents are recorded electronically and are dated and referenced in sequential order. All incident reports are retained on site for a period of at least 12 months. All incidents reports shall be available upon request by an authorised officer. Incident reports will be used to record incidents such as: Alcohol related crimes on the premises/Ejection of persons from the premises/alcohol related disorder.
10. The licence holder shall ensure that any incident report shall hold as much detail as is possible to obtain such as details of the individual, details of the staff member reporting the incident, the time, date and details of the incident. Any CCTV or witness statements will be referenced.
11. The licence holder shall ensure that all refused sales will be reported on the Authority form.
12. The licence holder shall ensure that any visits by the authorities to request details or to report incidents/complaints will be recorded in the refusal’s register.
13. The licence holder shall ensure that any complaints or concerns raised by customers or residence will be recorded on the Customer Contact Form.
14. The licence holder shall ensure that a telephone number for the DPS will always be available on site even if the DPS is not present.
15. The licence holder shall ensure that no customer or staff member will be allowed to take from the premises an open bottle or vessel.
16. The licence holder shall ensure that till prompts on age restricted items.
17. The licence holder shall ensure that security tagging on high volume/sought after goods is in use to prevent theft.
18. The licence holder shall ensure radio communication between management is in operation.
Public Safety
19. The licence holder shall ensure that the consumption of alcohol is not permitted in store or onsite, including the car par and yard.
Prevention of Public Nuisance
None.
Protection of Children from Harm
20. The licence holder shall ensure that the premises operate and adhere to an age verification scheme with the minimum standard of Challenge 25. Signs advertising the policy will displayed in all areas where alcohol is for sale and throughout the premises.
21. The licence holder shall ensure that staff are trained on the acceptable forms of ID that can be provided as proof of age; these include a phot driving licence, passport, PASS ID cards.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
Attached (Rotherham_12.03_Template) printed 03/06/19