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 consistant with the operating schedule
Prevention of crime and disorder
1/ CCTV shall be installed and cover the licensed area, including the public entry/exit points. The CCTV unit must be positioned in a secure part of the licensed premises.
2/ Access to the system must be allowed immediately to the Police and other Authorised Officers in accordance with the Data Protection Act where it is necessary to do so for the prevention of crime and disorder, prosecution or apprehension of offenders or where disclosure is required by law.
3/ The CCTV system must be maintained so it is fully operational and recording continually whilst the premises are providing licensable activities and during all times when customers are on the premises.
4/ Images will be retained for a period of at least 31 days and be made available to the Police and other Authorised Officers as soon as possible.
5/ There shall be a sufficient number of staff able to use the CCTV system and download images with a minimum of delay at the reasonable request of the Police and other Authorised Officers.
6/ An incident log shall be kept at the premises and made available on request to the Police or Authorised Officers. The log must be completed within 24 hours of an incident and shall record the following:
Any crimes reported to the premises;
Any ejections of customers;
Any complaints received concerning crime, disorder or noise;
Any incidents or disorder witnessed by staff;
7/ The licence holder shall be vigilant and monitor the area immediately outside the shop to ensure that youths do not cause annoyance by congregating.
8/ All staff selling alcohol will be authorised to sell alcohol in writing and a record of the authorisation will be made available for inspection.
9/ The DPS and other staff will be vigilant and monitor the area immediately outside the shop to check that youths are not causing annoyance by congregating.
10/ Spirits will be kept behind the counter
11/The shop shall operate an alcohol refusals policy as follows - alcohol will not be sold to;
(a) Any person recognised or identified as a street drinker (regardless of their level of inebriation at the time);
(b) Any person found to be drinking alcohol in the street;
(c) Any person who is drunk or appears to be drunk;
(d) Any person suspected of trying to buy alcohol for another person who is drunk or appears to be drunk;
(e) Any person unable to provide valid ID when requested by staff;
(f) Any person who is verbally or physically abusive towards staff or customers.
(g) To any person suspected of trying to buy alcohol for another person(s) who may be under age.
12/ A notice advising customers of the refusals policy shall be on display.
Public safety
13/ No specific risks have been identified under The Licensing Act 2003.
Prevention of public nuisance
14/ Deliveries to the shop will be arranged during hours which will not lead to any public nuisance.
15/ A notice(s) will be displayed asking customers to leave the shop quietly and not to drop any litter on the floor.
16/ Staff will monitor the area immediately outside the shop on a regular basis to check for, and to dispose of, any litter.
Protection of children from harm
17/ Challenge 25 shall be used and appropriate signage will be on display.
18/ Alcohol will only be sold to people who can satisfy or prove to the seller that they are 18 years old or over. The only acceptable form of ID will be a passport, photo driving licence, a PASS accredited proof of age card, or other form of photo ID as recommended by Trading Standards.
19/ A refusals register (for the sale of alcohol) will be used and be made available for inspection by responsible authorities.
20/ A notice(s) shall be displayed in the premises where they can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person under 18 years of age.
21/ All staff authorised to sell alcohol will be trained on the prevention of underage sales. Training will be delivered on a regular basis (every 12 months) and records will be made available for inspection by Authorised Officers.