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
CCTV
1.1 The premise are to operate an effective CCTV system which is to be maintained in good working order and operating at all times the premises is open for business.
1.2 The recording medium (e.g. disks / tapes / hard drive, etc.) and associated images are to be retained and securely stored for a minimum period of 31 days and are to be made available to the police / authorised officers of the Licensing Authority upon request.
1.3 The premises licence holder or designated premises supervisor is to provide the police with the contact details of at least one other 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 12 hours from the time of the request.
1.4 A CCTV log book will be operated and completed at least once a week to record the checks made by a responsible person for any malfunctions in the hard-drive, recording, downloading and time/date recording of footage.
1.5 In the case of a breakdown or malfunction of the CCTV system, the premises licence holder / designated premises supervisor will ensure that the CCTV is in working order as soon as practicable and a record of the malfunction will be recorded in the CCTV log book.
The Prevention of Crime and Disorder
2. A written sale of alcohol authorized log will be completed for all non Personal Licence holders employed on the premises. This log can be found in the Staff Induction training manual, records to be retained on the premises for 12 months.
3. Written staff training shall take place on the following subject matters
Challenge 25,
Types of ID and how to check ID,
How to refuse age restricted products
Test Purchases and the penalties for failure
Licensing objectives
Cigarette sales
Illegal cigarettes and vapes
Age Verification Policy and Scheme
30 age restricted products
Proxy sales
The legal Rights of Trading Standards
All staff will also be trained to complete the following compliance logs
1: CCTV Log book
2: Refusal Log Book
3: Incident log Book
4: Age Verification Training Log
5: Staff Induction Training Log
within 7 days of commencement of employment and a refresher exercise every six months thereafter. A written record of this training will be maintained and made available to a Police Constable and any other authorised officer for inspection on request.
4. The contact telephone number of Designated Premises Supervisor will be written on the cover of the Staff Induction Training Manual and made available to a Police Constable or other authorized officers at all times that alcohol is on sale.
5. An incident book/register will be maintained to record:
i.All incidents of crime and disorder occurring on or within the direct location directly outside the premises.
ii.Details of occasions when the police have been called to the premises
6. This book/register shall be made available for inspection by a Police Constable or other authorised officer on request.
7. All spirits displayed for sale will be stored behind the counter.
8. The premises will operate a Duty of Care policy, whereby staff will be made aware to observe potential difficult situations involving what appears to be vulnerable persons.
9. All customers who purchase alcoholic drinks will be informed of the PSPO policy and advised that they must not drink alcohol in the town centre. A copy of this policy will be on display in a prominent position.
Public Safety
No risk has been assessed.
The Prevention of Public Nuisance
10. Management and staff will use their best endeavours to observe the external area of the shop and any ex-customers suspected of loitering outside the premises and with no risk to their own safety will be asked to leave the vicinity of the premises quickly and quietly.
11. The Management will organise for all commercial refuse to be collected between the hours of 08.00 until 20.00
12. Prominent, clear and legible notices must be displayed at all exits requesting that customers respect the needs of any local businesses and and to leave the vicinity of the premises quickly and quietly.
13. The staff will pick up any litter that is observed directly outside the premises and dispose in a waste bin.
The Protection of Children from Harm
14. The premises will operate a “Challenge 25” proof of age policy and scheme. These 2 policies can be found in the Staff Induction Training book. Signage for Challenge 25 will be prominently displayed within the premises at the entrance and at the point of sale. Persons who appear to be under the age of 25 must produce proof of identity/age before being sold alcohol. It is recommended that only a passport, photo-card driving licence or a proof of age card bearing the official ‘PASS’ accreditation hologram to be accepted as proof of age.
15. The premises is to maintain a refusals to record the details of incidents / descriptions of individuals whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18 and record this in the refusals book. The book must be made available to a Police Constable or other authorised officers of the Licensing Authority on request.