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 i2003
...
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
1. A CCTV camera system providing images in all lighting conditions shall cover the inside of the premises and the immediate exterior (customer entrance).
2. CCTV images shall be retained for a period of at least 28 days and be made available to the Police and Licensing Authority upon request within a reasonable time period in accordance with date protection legislation.
3. The CCTV recording equipment shall be kept in a secure environment under the control of the premises licence holder and/or another named responsible individual.
4. The sale of alcohol shall only be made in conjunction with a minimum food order of £5.00 or more.
5. There shall be no sale of alcohol for consumption off the premises except in sealed containers.
6. No beer, larger or cider of 6.5% ABV and above shall be sold at the premise.
7. A Challenge 25 Policy shall be apply in respect of the sale of alcohol. This Policy shall require that any person who appears to be under 25 years old and attempts to purchase alcohol will be asked to prove their age by producing an acceptable form of photographic ID such as a:
a) a passport;
b) photo driving licence;
c) military ID; or
d) PASS accredited proof of age cards.
8. The shop shall operate an alcohol refusals policy where alcohol will not be sold to any person:
a) recognised or identified as a street drinker (regardless of their level of inebriation at the time);
b) found to be drinking alcohol in the street;
c) who is drunk or appears to be drunk;
d) suspected of trying to buy alcohol for another person who is drunk or appears to be drunk;
e) unable to provide valid ID when requested by staff;
f) who is verbally or physically abusive towards staff or customers.
g) suspected of trying to buy alcohol for another person(s) who may be under age
9. A refusals register (for the sale of alcohol) shall be kept at the premises and be available for inspection by Responsible Authorities.
10. Alcohol deliveries will only be made to pre-arranged and booked postal addresses.
11. All alcohol deliveries shall be accepted by an individual in person.
12. Alcohol will not be delivered to any ‘open spaces’ such as playing fields, parks etc
13. The Challenge 25 policy (set out in condition 7 above) shall apply at the point of delivery, and delivery drivers will use a refusals register/log to record any instances when a refusal is made.
14. All staff selling alcohol shall be authorised to sell alcohol in writing and a record of the authorisation will be kept at the premises for inspection.
15. Stall authorised to sell alcohol shall be suitably trained. The training will cover preventing underage sales in accordance with Challenge 25. Refresher training will be provided annually. Staff training records will be kept and be made available to responsible authorities upon request.
16. Any incidents of crime and disorder at or immediately outside the premises, witnessed by staff, will be recorded in an incident book kept at the shop. This book will be made available for inspection by the Police and other Authorised Persons upon request.
17. The premises licence holder and/or the DPS shall seek regular contact with the Police and other parties as appropriate to receive updates on any relevant issues in connection with the promotion of the licensing objectives.
18. The premises licence holder will periodically assess the need for door supervision or other security personnel at the premises. This assessment must be recorded and available for inspection by an authorised officer of the Council or South Yorkshire Police. The assessment must take into consideration any information provided by the Police, the local authority, personal observations by the licence holder or their staff and other pertinent source of information. The assessment must be reviewed on a regular basis and in particular following any incident of disorder taking place in or immediately outside the premises.
19. The licence holder shall be vigilant and require staff to monitor the area immediately outside the shop to:
a) ensure that youths do not cause annoyance by congregating.
b) check for, and properly dispose of, any litter.
20. The following notices shall be displayed at the premises, where they can be clearly seen, advising customers:
a) of the Challenge 25 Policy (as set out in condition 7 above);
b) of the Refusals policy (as set out in condition 8 above);
c) 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; and.
d) not to drink alcohol in the street.
21. A notice shall be on display at the premises, where they can be clearly seen. asking customers to leave the premises quietly.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
As submitted on 22nd May 2023
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