LICENSING ACT 2003
CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE
This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003, and conditions volunteered on the application form to be undertaken by the applicant and where necessary, conditions imposed by the Licensing Authority in order to promote the Licensing Objectives.
Mandatory Conditions:
a No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended.
b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.
Mandatory Conditions pursuant to The Licensing Act 2003
Mandatory Licensing Conditions (Amendment) Order 2014
3. (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.
Definition:
Responsible person - as defined by section 153 (4) Licensing Act 2003 -
(a) In relation to a licensed premises -
(i) The holder of a premises licence in relation to a premise
(ii) The designated premises supervisor (if any) under such a licence.
(iii) Any individual aged 18 or over who is authorized for the purposes of this section by such a holder or supervisor.
(b) 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 him to prevent the supply in question.
The Licensing Act 2003 (Mandatory Conditions) Order 2014
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 +(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;
(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 this 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 paragraph2 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.
Operating schedule conditions
General
1/ The subject premises will apply a standard of operation which will ensure compliance with all four licensing objectives. Based upeon factors more particularly outlined in Sections (b) to (e) below.
The prevention of crime and disorder
2/ The style of operation at these premises is designed to minimise crime and disorder. This will be achieved by the use of CCTV with the retention of images for a minimum period of 28 days for prosecution purposes. The premises seek a Premises Licence to sell alcohol for consumption off the premises. These premises will operate as a minimum a 'Challenge 25' policy in order to ensure that liquor is sold only to persons of lawful age (being that, should a person not look the age of 25 then he/she would need to prove they are in fact of lawful age 18 or over). These issues also overlap on the section dealing with protection of children from harm. All staff undergo training concerning knowledge of Licensing Laws together with social impact of the sale of alcohol.
Public safety
3/ The premises will comply with current legal requirements for Fire Safety and Health and Safety including periodic risk assessments.
The prevention of public nuisance
4/ These premises are proposed to be registered for the consumption of liquor off the premises only. In addition to there being no consumption on the premises, there is no form of entertainment on the premises. There are no outdoor areas utilised for the benefit of members of the public and the nature of the operation does not require the employment of door supervisors or use of dedicated cab firms. The premises operate within the required litter/refuse regulations adopted by the Local Council. The management policy at the premises is to welcome communication with any local persons in relation to any issues which arise concerning the operation of these premises in relation to the prevention of public nuisance or indeed any of the other licensing objectives.
The protection of children from harm
5/ It is proposed that these premises will benefit from a premises licence for consumption off the premises only. In order to ensure compliance with the legislation, the Company will operate a 'Challenge 25' policy as a minimum whereby any person not looking the age of 25 must prove that they as a minimum are in fact over the age of 19 to purchase alcohol. Acceptable forms of identification concerning the issue of age are a TEN year passport, pass logo proof of age card or photocard driving licence. All staff are trained to familiarise themselved with these requirements. The company will operate a due diligence policy, incorporating this minimum challenge 25 policy, also incorporating full training for all staff, the operation of a refusal record and refresher training on a regular basis. The store will operate a fully recordable CCTV system which is overtly operable. There will be prominent singage located throughout the store confirming the legal minimum age for the purchase of alcohol and other age restricted products and the company policy.