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.
Conditions consistent with the Operating Schedule
General
The premises licence holder, DPS, management and staff will constantly assess any risks to the licensing objectives. They will work in partnership with the authorities and local people alike in this respect. The staff will be properly authorised, equipped, trained and motivated in this task. There will be:
A written notice of 'authority' record for all staff who sell alcohol
Adequate training for staff and records kept for inspection
Contact details of Designated Premises Supervisor available to staff and to the authorities
The prevention of crime and disorder
The management and staff will take all necessary steps to ensure that the premises remain free from crime and disorder and neither creates nor contributes to crime and disorder. This will include:
That a CCTV system be installed at the premises and maintained in good working order and be continually recording at all times the premises are in use under the licence. The CCTV system must be capable of capturing a clear facial image of every person who enters the premises.
All CCTV footage be kept for a period of 31 days and shall on request be made immediately available to officers of the police and the council.
A member of staff should be on duty at all times the premises is open that is trained in the use of the CCTV and able to view and download images to a removable device on request of Police or council officer.
Staffing levels maintained appropriately to ensure adequate security, particularly at opening and closing times.
Spirits and high value items stored and displayed behind the manned point of sale.
Staff being trained on all security issues including how to identify and refuse service to customers that are drunk, appear to be drunk or are suspected to be dependent drinkers.
Alcohol will not be permitted to be consumed on or near the premises and alcohol will not be sold or allowed to leave the premises in open bottles or containers.
Alcohol will not be stored or displayed in the entrance/exit of the shop
Public safety
The management and staff will have an effective policy to maintain a safe venue for customers and staff. Any risk to safety will be assessed before the premises are opened to the public each day and throughout the hours of operation. The DPS will liaise with the authorities to ensure that all aspects of public safety are adhered to. The policy will include:
Ensuring that the entrance and any walkways within the premises are kept free from obstruction.
Appropriate firefighting equipment being installed and maintained at the premises and staff trained in it use.
Fire risk assessments being undertaken and acted upon in accordance with current recommendations and requirements.
Effective lighting maintained and operated to ensure the safety of the public and staff.
The prevention of public nuisance
The DPS and staff are mindful of the need to reduce the impact of nuisance caused by the operation of the premises, will constantly assess the risk of public nuisance and take immediate steps to eliminate the problem Staff will ensure:
The store and public areas nearby are kept free from litter associated with the operation of the shop.
Any noise, light pollution and any other potential nuisance is monitored and kept to an acceptable level.
Deliveries to and waste removal from the premises are undertaken at a time and in a manner that does not cause disturbance to local residents or businesses.
The protection of children from harm
The premises will be maintained as suitable for all ages. There will be an effective age verification policy in accordance with the mandatory code. This policy will be one of Challenge 25 for all age restricted products and include:
The appropriate display of notices and signage relating to the policy at the entrance to the premises and at the point of sale.
These notices will indicate that any customer not appearing to have reached the age of 25 will be required to produce appropriate identification proving that they have turned 18 before being served.
Appropriate ID will be a passport, photo driving licence, PASS accredited proof of age card or other reliable photo ID that is recommended and approved for acceptance by the police or other authorities.
Staff shall be trained in all aspects of responsible alcohol retailing and in particular the Protection of Children including the Challenge 25 policy and the identification and refusal of potential 'proxy' purchasers.
Staff training will occur before a staff member is authorised to sell alcohol within the premises.
Staff training will be recorded with regular refresher sessions and signed off by the DPS and/or Premises Licence Holder.
Staff training records will be available for inspection by the police or other responsible authority upon request.
A refusals log will be kept and reviewed regularly by the DPS and made available for inspection by the police and an appropriate local authority representative.
A till prompt system will be operated for age restricted products.