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.
1. 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.
c Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA).
d. In respect of the exhibition of films as mentioned below:
1 The admission of children to the exhibitions of any film is restricted as follows:
2 Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.
3 Where:-
(a) the film classification body is not specified in this licence, or
(b) the licensing authority has notified the holder of the licence that this subsection applies to the film in question,
the admission of children is restricted in accordance with any recommendation made by the licensing authority.
4 In relation to the above:
“children” means persons under the age of 18 years; and
“film classification body” means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984.
2. Additional Mandatory Conditions pursuant to The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010,
(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
3. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
4. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
5. The following two conditions take effect as from 1st October 2010.
(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
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;
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
7. 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 premises
(ii) the designated premises supervisor (if any) under such a licence
(iii) any individual aged 18 or over who is authorised 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.
Conditions consistent with the Operating Schedule
General
No sale of alcohol will be made on the premises with all orders being phone orders or online orders from our wbesite which is under development: www.boozebury.co.uk. Many licensing objectives will not apply to our business as customers will never visit the premises. Our website will have our challenge 25 policy clearly visible on website pages. Our drivers will ensure that photo I.D./passport, driving licence, etc. is shown as proof of age before fulfilling orders.
The prevention of crime and disorder
There is a 'state of art' CCTV monitoring the premises with centrally monitored motion sensors. There is an out of hours gate controlling access to the premises through swipe access. We will actively be promoting our commitment to our 'Drink Responsibly' policy on our website, with pages educating visitors on the dangers of over indulgence. We will be keeping people off the streets by delivering to their doorstep. Our website will clearly state that we will refuse to serve anyone drunk, abusive or underage.
Public Safety
All our drivers will have adequate training, clean licenses and adequate insurance.
The prevention of public nuisance
We will not serve anyone clearly drunk with our drivers instructed to drive away if the customer appears drunk or abusive. Our drivers will not be allowed to play loud music in their vehicles or make use of their car horn to alert customers of their arrival in any circumstances. All customers will be alerted by text message or 'ring back' to inform them their driver has arrived with their order.
The protection of children from harm
We will operate a strict challenge 25 policy, with this clearly visible throughout our website. We will maintain a refusals book, recording incidents/descriptions of individuals whenever one of our drivers has refused to serve a person suspected to be under the age of 18. The book will be made available to the police/authorized officers of the Licensing Authority on request. We will undertake all necessary background checks when employing drivers.
BOOZE BURY
ADDITIONAL PREMISES LICENCE CONDITIONS
OFFERED BY APPLICANT
1. The premises will operate a computer till receipt / invoice recording system which will record all alcohol sales and include the delivery address and a customer reference number. All deliveries of alcohol shall be delivered to premises with a valid postcode. The receipt / invoice system is to be made available for scrutiny by the police or officers of the Licensing Authority at their request.
2. All alcohol will be ordered in advance by telephone or internet. Payment will be by debit card, credit card or cash either at the point of order or on delivery.
3. The delivery vehicle shall only carry alcohol which has been ordered in advance. No impromptu street sales of alcohol to be accepted, no additional surplus alcoholic stock to be carried within the delivery vehicle(s).
4. Staff training shall take place on the Licensing Act, Licensing objectives and challenge 25, every six months and a written record of this training to be maintained and made available to the police and any authorised officer of the Council for inspection on request.
5. All delivery drivers MUST receive a minimum of 2 hours training in the licensing objectives and preventing underage sales prior to commencing deliveries. The initial training will be recorded in writing and will be repeated quarterly. Written training records will be maintained. .
6. The vehicle used to deliver alcohol must be a suitable vehicle, with a suitable secure compartment where the alcohol can be securely safely stored.
7. On the delivery of alcohol, if the driver suspects that the customer is intoxicated, underage, physically or verbally abusive, he must ensure that the delivery of alcohol is refused and not delivered, with a refund for the non delivery being given to the customer on return to the depot.
8. Photo I.D. will be required to match up with any credit card / debit card that is used to purchase the alcohol. Only the person who placed the order (owner of the credit card / debit card used for payment) will be permitted to take delivery of alcohol. Deliveries will be signed for by a person over 18 years of age and written records will be retained for a period of no less than 12 months. No deliveries will be left unattended at the delivery address or with a person under the age of 18.
9. If staff believes that the alcohol is to be passed to a person under the age of 18 they will refuse service.
10. All alcohol stored at the premises must be kept in a safe secure area away from the public view.
11. There shall be no public access to the licensed premises.
12. The premises must not display any external signs or advertisements that alcohol is kept on the premises.
13. The premises to be protected with an approved security alarm system. This system to maintained to a on an annual basis to any recognised specification and is kept in working order, a record of this maintenance to be kept for future reference.
14. The premise in cooperation with the Local Authority to maintain and operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business. The recording medium (e.g. discs / tapes / hard drive etc) and associated images are to be retained and securely stored for a minimum period of 28 days and are to be made available to the police / Authorised Officers of the Licensing Authority upon request. The premises licence holder or designated premises supervisor is to provide the police with the contact details of at least one member of staff (or other person(s) who is trained and familiar with the operation of the equipment so that, at the expense of the premises licence holder, they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data within a maximum period of 24 hours from the time of request by the police.
15 The premises will not deliver or allow excessive amounts of alcohol to be delivered to any one premise within a 24 hour period. “Excessive” to be determined by taking into account the delivery address, and number of persons at the address and at the discretion of the DPS.
16. The company policy shall be that only the customer and no other person shall be permitted to collect purchases from the delivery vehicle (s).
17. The company must always use a RING BACK or TEXT MESSAGE system to alert customers that the driver has arrived with their alcohol order.
18. Delivery staff will be vigilant and will refuse service to any customer (or any other person at the delivery address) who is causing or is likely to cause a public nuisance e.g. Where any customer at the delivery address is creating excessive noise and / or a breach of the peace, for example loud music, arguing, fighting, domestic violence or any other neighbourhood nuisance.
19. The premises will operate a “Challenge 25” proof of age policy to all customers who request alcohol to be supplied by home delivery service at the point of delivery (this age verification MUST be advertised on the website, or on any other form of social media e.g. facebook, twitter, or any method used to advertise the alcohol home delivery service). Only a Passport or Photo card Driving licence or a proof of age card bearing the official “PASS” accreditation hologram will be accepted as proof of age. Delivery drivers must refuse any alcohol delivery if they are not satisfied that the person purchasing and/or collecting the alcohol is over 18.
21. Alcohol delivery will be refused at the point of delivery if any large groups of youths are in the vicinity of the delivery address.
22. The premises is to maintain a refusals book at the premises and within the delivery vehicle (s) to record the details of incidents / descriptions of individuals whenever a member of staff has refused to sell / deliver alcohol to a person suspected of being under the age of 18 / intoxicated or where delivery is refused for any other reason. The refusals book will be made available to the Police / or authorised officers of the Licensing Authority on request.