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 challenge 25 scheme must operate at the premises, whereby any person who appears to be under 25 years of age and is unknown to the staff member serving as a person over 18 years of age, shall not be sold alcohol unless they provide identification to prove they are over 18 years of age.
2. A challenge 25 Scheme shall also operate in respect of the delivery of alcohol and where the recipient is unable to provide satisfactory ID, providing they are 18 years old, or over, the alcohol part of an order must not be delivered.
.
3. The only acceptable forms of identification allowed under the Challenge 25 scheme are a:
a. passport,
b. photo ID driving licence,
c. Ministry of Defence Identity Card :
d. proof of age scheme card with the PASS approved hologram.
4. Challenge 25 signage must be displayed in a clear and prominent public place at the premises.
5. A refusal register must be held at the premises and contain details of the time and date of any sales or deliveries of alcohol that are refused in relation to persons that are underage. The register must be made available for inspection upon request by a Responsible Authority. This register can be written or electronic.
6. All staff involved in, or responsible for the sale/supply and the delivery of alcohol, must receive training in relation to the Challenge 25 scheme before being allowed to sell or delivery alcohol. This training must be refreshed at least every 12 calendar months.
7. Any website through which sales are made shall include a statement which informs customers:
a. the premises operates a Challenge 25 policy and any person accepting a delivery must be prepared and able to prove they are over 18 with a satisfactory form of ID;
b. customers must be at least 18 years old to purchase alcohol,
c. it is a criminal offence for anyone under the age of 18 to buy or attempt to buy alcohol
d. it is a criminal offence for anyone 18 or over to buy or attempt to buy alcohol for persons under the age of 18.
8. All orders for the delivery of alcohol shall be recorded and accessible electronically, including the order number and recipient’s delivery address. These records shall be made available to any responsible authority if requested.
9. Alcohol must only be delivered to a residential or business address and not to a public place, e.g., not to a car park, a street corner, or a park.
10. Alcohol deliveries will be made to individuals over the age of 18 years of age and not left unattended for later collection.
11. An incident log must be kept at the premises and made available on request to the Police or an authorised officer of the Licensing Authority. It must be completed within 24 hours of an incident occurring and must record the following:
a. Name of the member of staff member reporting the incident
b. All crimes reported to the premises,
c. All ejections of patrons,
d. Any complaints received concerning crime and disorder,
e. Any incidents or disorder,
f. All seizures of drug or offensive weapons,
g. Any visits from Responsible Authorities
12. A digital CCTV system with recording equipment shall be installed and maintained at the premises and operated with cameras in positions agreed with the Police. The system shall be fully operational and recording at all times the premises is open for licensable activities. All recordings used in conjunction with CCTV shall:
a. be of evidential quality in all lighting conditions;
b. indicate the correct time and date; and
c. be retained for a period of 31 consecutive days.
13. Duty managers must be trained to use the CCTV system, and a recorded image must be available for inspection and downloading immediately upon request to Officers of Responsible Authorities.
14. All images downloaded from the CCTV system must be provided in a format that can be viewed on readily available equipment without the need for specialist software.
15. No singular alcoholic drinks, including beer, lager & cider in cans will be sold; a minimum purchase of 4 will be required.
16. No beers, lager, or cider of 6.5% ABV and above to be sold at this premise.
17. No under 18s will be allowed on the premises after 22.00 hrs.
18. Clear signage must be prominently displayed at all exits requesting customers leave the area quickly and quietly
19. All staff shall receive training, commensurate with their role and responsibilities, relevant to the Licensing objectives. Training must include the:
a. accurate and timely reporting and recording of incidents in the Incident Log; and
b. Safeguarding of Children and appropriate behaviour relating to the protection of children or vulnerable persons from harm.
This training must be recorded and refreshed at least annually. Records must be kept on the premises and made available for the inspection by responsible authorities on request.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4 Plans