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 agreed with Greater Manchester Police
General
1/ Staff training of all licencing objectives and health and safety
2/ Ensure all staff understand the implications and consequences of not adhering to licencing objectives and good sales practice.
3/ Risk Assessments up to date
4/ DPS in place
5/ Security measures such as CCTV and communication with other businesses
6/ Shop not being left unattended, and alcohol retail area kept in sight
7/ Adhering to the sale of alcohol times laid out earlier in the document
The Prevention of Crime and Disorder
8/ The premise is to operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business.
9/ The CCTV 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 and within 24 hours from the time of the request.
10/ The premises licence holder or the Designated Premises Supervisor must notify the licensing office or the Police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 24hrs.
11/ An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority, which will record the following incidents including pertinent details:
All alleged crimes reported to the venue or by the venue to the police
All ejections of patrons
Any complaints received
Any incidents of disorder
Seizures of fraudulent ID or other items
Any faults in the CCTV system
12/ All staff authorised to sell alcohol shall be trained in:
Relevant age restrictions in respect of products
Prevent underage sales
Prevent proxy sales
Maintain the refusals log
Recognising signs of drunkenness and vulnerability
How overservice of alcohol impacts on the four objectives of the Licensing Act 2003
The conditions in force under this licence.
13/ Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 [or specify] monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Bury Council.
Public Safety
14/ Risk assessments for the shop will be reviewed every 6 months and if any changes to the building, layout or equipment are made. We have fire extinguishers and a fire policy in place. I am the current Health & Safety officer for the premises.
15/ We will ensure that no alcohol is consumed on site, and if we have any suspicion that the buyer is drinking in a public place and/or seems visibly drunk we will refuse service.
The Prevention of Public Nuisance
16/ We will ensure no alcohol is consumed on site and we keep to the previously laid out retail hours. We will not be a 'late night' stop for night time drinkers, and will be closed by 6pm on a standard day.
17/ We will refuse sale to any member of the public who seems intoxicated, underage, or supplying underage.
18/ We will keep in communication with other shops and businesses open during the same hours if we experience any unruly, rude or aggressive behaviour.
The protection of children from harm
19/ All alcohol requested as part of an order for delivery cannot be undertaken by a third-party delivery / courier service such as Deliveroo, Just Eat, Uber Eats and similar and must be completed using staff employed by the premises license holder. These staff must undergo age verification training every six months and up to date records of this training will be kept. These records must be made available on request by the Police or authorised officer of the licensing authority.
20/ Alcohol will only be delivered to a legitimate place of work / home address specified by the customer during the ordering process.
21/ Customers will be asked to enter their date of birth online during the ordering process of alcohol as part of their grocery shop.
22/ The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving license, an EU/EEA national ID card or similar document, an HM Forces warrant card, a card bearing the PASS hologram, or any electronic or biometric age verification technology approved by the licensing authority.
22/ All deliveries will undergo the same age verification process ‘Challenge 25’ and alcohol will only be handed to the customer if the person delivering the alcohol is satisfied that they are over 18 and can provide age verification documentation if challenged. Age verification documentation includes an official passport, driving license (full/provisional) an EU/EEA national ID card or similar document, an HM Forces warrant card and any other photographic identification bearing the holographic ‘Pass’ logo.
23/ The premises shall display prominent signage indicating, at any point of sale, at the entrance to the premises and in all areas where alcohol is located that the Challenge 25 scheme is in operation.
24/ The premises shall display prominent signage indicating, at any point of sale, in all areas where alcohol is located that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.
25/ A refusals record must be kept at the premises which details all refusals to sell alcohol. This record must include the date and time of the incident, a description of the customer, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made within 24 hours of the refusal. The record must be made available for inspection and copied within 24hrs of a request by an officer of a Responsible Authority and/or Police Officer.