Annex 1 - Mandatory Conditions
Licensing Act 2003 - Where licence authorises the supply of alcohol
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.
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014
(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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
Annex 2 - Conditions Consistent with the premises operating schedule to promote the Licensing Objectives; namely the Prevention of Crime and Disorder; Public Safety; the Prevention of a Public Nuisance and the Protection of Children from Harm
1. Appropriate induction training shall be undertaken with all relevant staff who do not hold a Personal Licence to cover appropriate subjects for their role including:
a. The responsible sale of alcohol.
b. The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking & authenticating accepted forms of identification.
c. The responsibility to refuse the sale of alcohol to any person who is drunk.
d. Fire safety & emergency evacuation procedures
All training shall be recorded and training records made available on request to an authorised officer of the Licensing Authority or the Police. Training should be reviewed every 6 months to ensure staff are up to date with the latest legislation and their training records endorsed accordingly.
2. The premises shall maintain written reports and registers. These shall be kept for a minimum of 12 months and made available to the police and any authorised officer of the licensing authority on request. Records shall be maintained of the following:
a. Any complaint against the premises in respect of any of the licensing objectives
b. Any crime reported at the premises
c. Any fault in the CCTV system
All written reports and registers shall be regularly checked by the DPS.
3. The primary purpose of the business shall be for the sale of foods and household items. No more than 35% of the available display space shall be given over to the display of alcohol.
4. Only sealed unopened containers of Alcohol shall be sold for off-sale
5. The venue shall maintain a CCTV system. The CCTV system shall continually
record whilst the venue is open for licensable activities and / or when customers remain on the premises. All recordings shall be time & date stamped, maintained for a 31 day period and be made available to the Police or authorised officer of the licensing authority upon request.
The CCTV system shall:
a. Cover all entry points used by the public.
b. Enable frontal identification of persons entering in any light condition.
c. Be maintained by a suitably qualified person.
6. Sufficient competent persons should be authorised by the premises licence holder to provide the Police with downloaded CCTV data (footage and / or images) in an appropriate recorded format (usually to a disc, memory stick or data file sent electronically) when formally requested to do so. The authorised person(s) should be sufficient to enable such data to be obtained by the police within 48 hours of a formal request being made.
7. Sufficient competent persons should be authorised by the premises licence holder to ensure that at all times the premises is open to the public, a member of staff is available to show the Police, when formally requested to do so, any images / foot- age from CCTV system with a minimum of delay.
8. Alcohol will only be displayed in areas of the shop which are visible from the counter or where covered by CCTV cameras visible via a monitor at the counter.
9. An intruder alarm shall be installed and remotely monitored.
10. A fire risk assessment shall be conducted and regularly reviewed. In-line with the Fire Risk Assessment:
a. An integrated fire detection and alarm system is installed, checked, regularly tested and maintained by a competent person.
b. Fire extinguishers are installed in accordance with the recommendations of the fire risk assessment.
c. Emergency lighting is installed in accordance with the recommendations of the fire risk assessment.
d. All emergency exits are marked on the premises plan.
11. Spirits shall be stored behind the counter and no self-service of spirits will be available at the premises.
12. No commercial waste shall be left on the street, all waste shall be stored in the commercial bins provided, prior to collection.
13. Commercial waste shall not be collected from the premises between the hours of 22.00 and 08.00 on any day
14. Deliveries related to the permissible Licensable Activities shall not take place between the hours of 22.00 and 08.00
15. The area immediately outside the premises shall be maintained to ensure that any litter generated by the premises and / or its customers is regularly cleared.
16. A sign requesting customers to respect local residents and leave the premises quietly, shall be displayed at each public the exit to the premises.
17. A Challenge 25 policy shall be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol; signs to this effect shall be displayed at the premises. The only acceptable forms of identity shall be those photographic identification documents recognised in the Home Office guidance; including passports, photo-card driving licence or proof of age card bearing a PASS hologram.
18. A register of refusals book or electronic equivalent designed to record all refusals of sales of alcohol shall be maintained on the premises and made available to the police and local authority officers upon reasonable request.
19. Sales of alcohol are not to include any super strength lagers, beers, or ciders where strength exceeds 6.5% ABV (alcohol by volume). This restriction shall not apply in respect of specialist branded, premium priced products - such as craft ales, local or micro-brewery specialist products, boxed gifts or national celebratory or commemorative beer, lager or cider.