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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.
MAN19A
Mandatory - Section 19A - Age Verification
Where the licence authorises supply of alcohol only for consumption OFF the premises. 1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. 2) The policy must require individuals who appear to the responsible person under the 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 a holographic mark.
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.
ADHOC1
Crime-CCTV
The premises shall have sufficient CCTV cameras located within the premises to cover all public areas including outside of the premises covering the entrance/exit and the approach to the entrance the system will be able to cope with all levels of illumination throughout the premises as well as outside areas.
ADHOC2
Crime-CCTV Signs
CCTV warning signs to be displayed prominently within the shop floor area.
ADHOC3
Crime-CCTV Operation
The CCTV system must be operating at all times whilst the premises is open for licensable activity. All equipment shall have a constant and accurate time and date generation.
ADHOC4
Crime-CCTV Recording system
The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 day.
ADHOC5
Crime-CCTV Records
Weekly records must be kept for inspection to show that the system is functioning correctly and that data is being securely retained.
ADHOC6
Crime-CCTV Access
Only authorised staff will be permitted to access the CCTV recordings. Recordings will be provided to the Police upon reasonable request and without undue delay and no later than 24 hours after initial request. Footage supplied in a digital format will have the system software enabled on the disc to allow playback.
ADHOC7
Crime-CCTV Technical Failure
In the event of a CCTV technical failure the PLH/DPS will report the failure to the Police Licensing Unit as soon as is practicable.
ADHOC8
Crime-Staffing
Between the hours of 23:00 and 05:00 there will be at last two staff members on duty, at least one of w3hich will be a personal licence holder.
ADHOC9
Crime-Door Staff
From Friday evening at 23:00 hours to Saturday morning at 03:00 hour and again from Saturday evening at 23:00 hours until Sunday morning at 03:00 hours there will be an SIA registered door supervisor on duty in addition to the two staff member unless the shop trades from the night hatch.
ADHOC10
Crime-Night Hatch
There will be one staff member on duty between 23:00 hours until 05:00 hours should the premises operate a night hatch system during these times. No customers will be permitted entry into the premises when the night hatch is in use.
ADHOC11
Crime-Shop Watch
The premises will join and participate within the Gosport Shop Watch Scheme for as long as the scheme operates.
ADHOC12
Crime-Location of Spirits
Spirits are to be located behind the counter and will not be self service.
ADHOC13
Crime-Training
Appropriate licensing training manual to be operated.
ADHOC18
Nuisance-Noise
Appropriately worded notices to be displayed prominently inside and outside the store requesting customers to leave the site quietly at night.
ADHOC19
Nuisance-Pavement
Paved area outside the premises to be swept regularly.
ADHOC14
Children-Refusals Log
Refusals log to be maintained and used by all staff. The date and time of attempted purchase, product name, reason for refusal, description of refused person and staff members name will be recorded in the log. The premises licence holder shall ensure that the refusals log is checked, signed and dated on a weekly basis by the store manager/manageress. The refusals log will be kept and maintained at the premises and will be available for inspection immediately upon request by Hampshire Constabulary and any responsible authority. The record of refusals will be retained for 12 months.
ADHOC15
Children-Challenge 25
There will be a Challenge 25 Policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that individuals not known to the licence holder, who visually appear to be under 25 years of age and seeking to purchase or be supplied with alcohol at the premises or from the premises shall produce identification proving that individual to be 18 years of age or older. Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the ?pass? logo and the person?s date of birth. If the person seeking alcohol is unable to produce acceptable means of identification no sale or supply of alcohol will be made to or for that person. ?Challenge 25? posters shall be displayed in prominent position at the premises.
ADHOC16
Children-Notices
Appropriate notices will be displayed prominently in store by the counter, the main alcohol display and near the entrance door.
ADHOC17
Children-Training
Staff will be trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunk persons and the refusal of sale due to intoxication. Record will be kept of such training which must be signed and dated by the member of staff who has received that training. All staff will receive refresher training every six month as a minimum and records are to be kept of this refresher training which should be signed and dated by the member of staff who received that training. All training records will be made available without delay and within 24 hours for inspection by Hampshire Constabulary and any responsible authority upon request. Training records will be kept for a minimum period of two years. Training records will be kept on the licensed premises to which they relate.
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Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ
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