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. When any licensable activity is taking place on the premises, there shall be sufficient competent personnel present to ensure compliance with the conditions of this Licence.
2. Any incidents of a criminal nature that take place on the premises shall be reported to the Police immediately.
3. The CCTV system installed at the premises shall be maintained to ensure that continuous quality of image capture retention.
4. CCTV cameras shall be placed at the entrance and exit points both inside and outside of the building; and shall be able to capture full frames of people entering the premises, from head to shoulder to identify them accurately.
5. CCTV cameras shall cover an area at least 50% of their viewing space when focusing on a till or other payment area.
6. CCTV cameras that focus on floor areas should have wide angles to get an overview of all activity that may occur.
7. CCTV images shall be of good quality and meet the requirements of the law and have a linked record of the date, time, and place of any image.
8. The CCTV recording device shall be located in a secure area or locked cabinet. This secure area should include a monitor for reviewing images and recorded picture quality to ensure that images are being captured with clarity.
9. Digital CCTV images shall be kept for 31 days, and the Police shall have access to these images at any reasonable time.
10. The CCTV system shall have a suitable export method, such as a CD/DVD writer, to enable the Police to make an evidential copy of any data they require. This data should be in its native file format, so that no image quality is lost during the process of duplication. If the format is non-standard (i.e. manufacturer proprietary) replay software, to ensure that the video on the CD can be replayed on a standard computer without any issues, shall be available. Each copy shall
11. include all relevant timestamps, dates.
12. Regular checks shall be conducted to ensure that all necessary security protocols are being followed when making copies of CCTV images/data.
13. Signage shall be displayed in the customer area to advise that CCTV is in operation.
14. A challenge 25 policy shall be in operations. This means any person wanting to purchase alcohol, who appears to be under the age of 25, shall be required to provide photographic ID such as proof of age cards, the Connexions Card and Citizen Card, photographic driving licence or passport, an official identity card issued by HM Forces or by an EU country, bearing the photograph and date of birth of bearer.
15. A register of refused sales of alcohol shall be kept and maintained on the premises.
16. Appropriate fire safety procedures shall be in place throughout the building, including fire extinguishers of various types (foam, H20 and CO2), a fire blanket, internally illuminated fire exit signs, smoke detectors and emergency lighting.
17. All electrical appliances shall be subject to annual inspections to ensure they are up to date with safety regulations.
18. Emergency exits shall remain unobstructed
19. Customers will be politely asked to leave the premises in an orderly manner.
20. Notices shall be in prominent areas making customers aware of the expectation for quiet behaviour when exiting the premises.
21. All staff shall be trained in the need to report and record any instances of crime and disorder occurring at, or nearby the premises.
22. All staff shall be trained relation to selling alcohol; this shall nclude instruction regarding drunkenness and those who are underage.
23. All staff engaged in the retail of alcohol shall be trained on the Challenge 25 policy and the method of recording any refusals.
24. Selected staff shall be trained in the use of the CCTV system, specifically the review and copy of recordings made.
25. Relevant training shall take place upon commencement of employment and every six months thereafter.
26. A written record of training provided shall be kept, and this record shall be made available to the police or authorised officers of the Council upon request.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans BSH11000E A1