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. CCTV will be provided at the premises in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.
2. Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.
3. A monitor shall be mounted on the wall at the premises where it is clearly visible to all members of the public. The monitor shall show the live CCTV footage being recorded.
4. Equipment must be maintained in good working order, be correctly time and date stamped.
5. Recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police within 24 hours of being requested.
6. The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to the Police/Local Authority on reasonable request.
7. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.
8. A challenge 25 age verification scheme will operate at the premises whereby any person who appears to be under 25 years of age, and unknown to the staff member serving as a person over 18 years of age, shall not be served alcohol unless they provide identification to prove they are over 18 years of age. Acceptable forms of identification will be:
a. a passport;
b. a photo card driving licence;
c. an EU/EEA national ID card or similar document;
d. an HM Forces warrant card;
e. a card bearing the PASS hologram; or
f. any electronic or biometric age verification technology approved by the licensing authority.
9. Appropriate signage advertising the operation of the Challenge 25 scheme must be displayed in the vicinity of all points of sale for alcohol.
10. A Refusals Register (electronic or written) must be maintained and kept at the premises and retained for a period of 12 months on a rolling basis. The following information must be recorded in the Refusals Register:
a. Any refusal of the sale of alcohol (e.g. suspected drunkenness, underage or proxy sale); and
b. Any visit by a relevant authority or emergency services, noting the time, day, date and identify of any visitors by name.
11. The Refusals Register must be inspected and endorsed by the DPS on a monthly basis and produced to the Police or an 'authorised person' (as defined by the Licensing Act 2003) or an authorised Trading Standards Officer employed by the Council on demand.
12. An incident log must be kept at the premises and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police. The following information shall be recorded in this log:
a. all crimes reported to the venue;
b. all ejections of patrons;
c. any complaints received relevant to the Licensing Objectives;
d. any incidents of disorder; and
e. any visit by a relevant authority or emergency service.
13. All people involved in the delivery of alcohol, be this the premises licence holder/designated premises supervisor, employees or third-party courier, shall at the point of delivery be satisfied that the person to whom the alcohol is being delivered is 18 years or over. Deliveries shall:
a. only be made to the address indicated on the order;
b. only to be made to bona fide business/commercial addresses or private residences and not to any public/open spaces (e.g. car parks, street corners, bus stops, public parks); and
c. be refused to any person who is, or who appears to be under the influence of alcohol, or drugs and the alcohol shall be returned to the licensed premises.
14. Delivery records shall be retained at the licensed premises for a period of 12 months and be produced on request for inspection by a police officer or an authorised person of the licensing authority.
15. All staff engaged in the sale of alcohol shall be trained in Responsible Alcohol Retailing prior to selling any alcoholic product.
16. All staff shall undergo refresher training in Responsible Alcohol Retailing on a rolling annual basis.
17. Staff training shall be recorded, and such records shall be kept on the premises and produced to the Police or an 'authorised person' (as defined by the Licensing Act 2003) or an authorised Trading Standards Officer employed by the Council on demand.
18. All requirements and responsibilities pertaining to the lawful and responsible operation of the premises covered by primary legislation, will be complied with - e.g. Building regs, health and safety, fire prevention.
19. Noise or vibration shall not emanate from the premises so as to cause a nuisance to neighbours or residents.
20. Prominent, clear and legible signage shall be displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
21. Discarded flyers cigarettes, food packaging and any other similar litter will be cleaned from the immediate vicinity of the shop and disposed of appropriately.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 4
Plans