Annex 1 - Mandatory Conditions
Licensing Act 2003 - Where licence authorises the supply of alcohol
The Licensing Act 2003 (Mandatory Licensing Conditions)
(Amendment) Order 2014
(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).
(3) The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(4) (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 licence 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.
(5) The responsible person must 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;
(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.
(6) 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.
(7) In this condition:-
a. “permitted price” is the price found by applying the formula P = D + (D x V), 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;
b. “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
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.
(8) Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
(9) 1) Where the permitted price 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.
Some conditions identify the “responsible person” as being the person who will ensure that the conditions are adhered to within the licensed premises. This may be the holder of the Premises Licence, the designated premises supervisor or anyone over the age of 18 who has been authorised for the purposes of either the sale or the supply of alcohol. In relation to a private members club it may be a member of the Alcohol Committee or a specific Officer of the club such as the Treasurer or President.
Annex 2 - Conditions consistent with the Club Operating Schedule
Embedded Restrictions - Licensing Act 1964
Club Premises
1. Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to11 p.m.
b) On Sundays, other than Christmas Day or New Year’s Eve, noon to 10.30 p.m.
c) On Good Friday, noon to 10.30 p.m.
d) On New Year’s Eve, except on a Sunday, 11 a.m. to 11 p.m.
e) On New Year’s Eve on a Sunday, noon to 10.30 p.m.
f) On Christmas day, as provided by the rules of the club and notified in writing by the chairman or secretary of the club to the chief executive of the justices for the petty sessions area in which the premises are. The said hours shall:
i. not exceed six and a half hours;
ii. not begin earlier than noon;
iii. not end later than 10.30 p.m.
iv. provide for a break of at least 2 hours, including 3 p.m. to 5 p.m.;
v. not extend for more than three and a half hours after 5 p.m.
g) On New Year’s Eve from the end of permitted hours to the start of permitted hours on the following day.
Restrictions
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours, the consumption of the alcohol on the premises;
b) during the first twenty minutes after the above hours, the taking of alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
c) during the first thirty minutes after the above hours, the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied as ancillary to the meals;
d) the supply to, or consumption by, any person of alcohol in any premises where they are residing.
Source Section 59, 60, 63, 67a, 68, 70, 74, 76, 78 Licensing Act 1964
2. Credit Sales
Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal.
Source Section 166 Licensing Act 1964
Conditions
Existing club rules to be complied with