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Licensing Act 2003 - Licence Condition Detail

condition code
Description
MAN19
Mandatory-Supply of alcohol
Licensing Act 2003 Section 19 - Supply of alcohol Where a premises licence authorises the supply of alcohol, the licence must include the following conditions: that no supply of alcohol may be made under the premises licence - (a) at a time when there is no designated premises supervisor in respect of the premises licence, or (b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended. every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
MAN19A1
Mandatory-Drinks Promotions
(1) The responsible person must 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- (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 in a manner which carries a significant risk of undermining a licensing objective; (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 in a manner which carries a significant risk of undermining a licensing objective; (d) 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; (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
MAN19A3
Mandatory-Tap Water
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
MAN19A4
Mandatory-Age Verification
(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.
MAN19A5
Mandatory-Alcohol measures
The responsible person must 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: ? pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available."
MAN19A6
Mandatory - Condition Permitted Price
Alcohol minimum permitted price - from 6 April 2014 - on and off sales/supply 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 rate 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) "valued 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 paragraph 2 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.
MAN20
Mandatory-Films
Films 1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section. (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body. (3) Where- (a) the film classification body is not specified in the licence, or (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority. (4) In this section- "children" means persons aged under 18; and "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).
MAN21
Mandatory-Door Supervision
Door Supervision 1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must: (a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or (b) be entitled to carry out that activity by virtue of section 4 of the Act. 2. But nothing in subsection (1) requires such a condition to be imposed: (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or (b) in respect of premises in relation to: (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act. 3. For the purposes of this section: (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
ADHOC1
Crime-General
The Event organiser shall submit to the Gosport Safety Advisory Group a detailed Event Management Plan not less than 90 days prior to the commencement of the event. The Event Management Plan shall be produced in all cases and shall include a site plan and shall take account of the advice and requirements contained in ?The Event Safety Guide? (HSG195 ? published by the Health & Safety Executive), ?Temporary Demountable Structures@ Guidance on procurement, design and use? (published by the Institution of Structural Engineers) and any other statutory and other guidance including local guidance. The constituent bodies of the council?s Safety Advisory Group will determine what may be a reasonable time for their consideration of any information required to be supplied to them by the Event organiser. Any other time periods imposed for consultation or submission of information, may be waived only with the express permission of the Council?s Chief Executive, the Deputy Chief Executive, or a member of the Council Management team nominated by the Chief Executive should he/she consider it appropriate.
ADHOC2
Crime-General2
1. The Event Management Plan will address the issues surrounding Crime & disorder and provde an adequate level of stewardship and SIA registered Door Security Staff to work in the pre-designated and defined areas of the event. 2. Door Security personnel will be provided in accordance with section 21 of the Licensing Act 2003. 3. The sale of alcohol will continue only to artists and sponsors after the public bars have been closed. 4. No licensable activity shall take place unless the number of stewards and security personnel for the event is agreed with the Event Organiser by the Police no later than 7 days before the event is planned to open to the public. 5. If within 7 days of the planned opening of the event to the public, the Police are of the opinion that any of the conditions relating to public order are not complied with or will not be complied with they shall inform the Premises Licence Holder.
ADHOC3
Safety-General
1. The Event Management Plan will take full account of public safety and in particular independent safety checks shall be made to all temporary structures erected on site and to perimeter fencing and crush barriers by competent person agreed by the Council?s Lead Officer for Health &* Safety not more than 7 days before the planned opening of the site to the public. The site plan shall show the location of an adequate number of designated appropriately and effectively signed Emergency Exits. The location of any first Aid facilities considered necessary shall also be shone on the site plan. 2. A Site Evacuation Procedure shall be prepared as part of the Event Management Plan for each event and all security staff, stewards and other event staff shall be fully briefed and made aware of its provisions. 3. Third Party Events. ? the Event Organiser must carry a minimum of #5 million Public Liability Insurance to the satisfaction fo the Council?s Head of Leisure and Cultural Services to indemnify Gosport Borough Council against all Public Liability risks in connection with the use of the premises and land to which this licence applies.
ADHOC4
Nuisance-General
1. All live music shall close at 2310 hours. The event shall be supervised by stewards and SIA registered security staff. Where appropriate, noise monitoring will be undertaken by the Event organiser, both on site and at the perimeter of the site, to minimise the nuisance to residents living close to the venue. 2. Amplified voice and music volume sound levels and the means of control and monitoring of sound levels shall be included in the Event Management Plan and agreed by the Council?s Head of Environmental Health. The term ?amplified music? shall include recorded music and radios, musical instruments through the use of an amplifier, amplified voices through the use of a microphone and amplifier or through a public address system. The term ?amplified music? shall also include the playing of any acoustic instrument wither its output is enhanced using any amplifier or microphone and amplifier. 3. Risk assessments will be undertaken for all events and as a result steps will be taken to avoid public nuisance being caused to residents in the immediate and surrounding areas. 4. Where an event is planned to last for more than one day, event staff, trade stall holders and other personnel on site after the event has closed to the public shall not be permitted to play any amplified music, radios or amplified recorded music overnight.
ADHOC5
Children-General
A specific part of the Event Management Plan has fully explored and will identify the potential of any risk or harm to children. The necessary monitoring activities and procedures will be put in place to address the issues identified.
13 matches have been shown.



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