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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 must ensure that free potable 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.
ADHOC01
Crime - CCTV
The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit. The system will be able to cope with strobe lighting (where used) and all levels of illumination throughout the premises as well as outside area. The CCTV system must be operating at all times whilst the premises are open for licensable activity. All equipment shall have a constant and accurate time and date generation. CCTV recorded footage must be securely retained for a minimum of 28 days. Images are kept to be made available to the Police, PCSO¿s, Licensing Authority Officers, and Trading Standards Officers on request. Images will have time and date recorded. In the event of a technical failure resulting in the whole of the CCTV system being inoperable, the premises licence holder/ DPS shall report the failure to the Police Licensing Unit within 24 hours. On all other occasions, proactive steps will be taken by the premises to rectify any technical failure of the CCTV system.
ADHOC06
Crime - Training
The premises licence holder shall ensure that a training package is in place in order for all staff involved with the sale, supply or delivery of alcohol to be sufficiently trained in licensing matters proportionate to their role and responsibilities. Particular attention should be paid to underage sales / ID verification and the refusal of alcohol sales to drunk persons. Records shall be kept of this training, dated and signed by the staff member and trainer. Refresher training shall be completed at least every 6 months again with documented records that are available for Police inspection. A written record shall be retained at the premises that lists the staff members who have been authorised to sell alcohol following their training. This shall also be made available to the Police on request.
ADHOC04
Crime - Challenge 25
All customers who want to buy alcohol shall be asked to produce photographic identification, such as a valid passport, valid driving licence, and international identity document or PASS card, by considering ¿Challenge 25¿, if they look under 25 © Queen¿s Printer and Controller of HMSO 2009 Continued from previous page... years of age. Alcohol shall not be taken off the premises in an open container.
ADHOC03
Crime - Refusals
All refusals are to be recorded promptly, including the reason i.e. too intoxicated, barred suspicion of drugs etc. If a person is rejected from the premises by a member of staff, a record must be made of the incident including details of the staff members involved and a summary of the circumstances. This must be completed as soon as practicable but prior than the end of that persons shift. All staff will be trained in order to promote four licensing objectives, and comply with the premises licence fully.
ADHOC02
Crime - Log
An incident log book shall be kept on the premises and made available on request to an authorised officer of the Council or Police which will record the following: -any incident of disorder -any seizures of drugs or offensive weapons -any rejections of patrons -any ID seizures
ADHOC05
Crime - Zero tolerance
The licence holder shall operate a ¿zero tolerance¿ position on the use/ possession of controlled drugs and psychoactive substances and seek for Police help in case.
ADHOC09
Safety - Illegal Activity
The licence holder will show zero tolerance to any illegal activity, and seek for Police help in case. Staff will be trained to check toilets regularly for any illegal activity, or any other safety issues that might occur in the premises. Alcohol won¿t be sold out as take-away or in open containers (outside sitting area is exemption).
ADHOC08
Safety - Food
Alcohol will be served with a consumption of food to prevent excessive alcohol consumption. Customers, who are already drunk and may cause any problems, will be rejected to buy or to be served alcohol. Any customers or people who cause public disorder will be reported to the Police immediately.
ADHOC07
Safety - 2 persons
A minimum of two people will be present on the shop floor during the opening hours after 9pm. The staff working between these hours will be a minimum of 21 years of age.
ADHOC10
Nuisance - ID
Antep Kitchen will operate on high street. It accommodates other local restaurants. It is also a residential area. Notices shall be displayed at the premises exit requesting customers to leave quietly especially from 10pm. The premises will operate and enforce a ¿Challenge 25¿ proof of age policy where by all persons appearing to be under the age of 25 will be required to provide proof of age. The only forms of ID accepted will be Passports and photographic ID cards such as Driving Licences and validated and approved hologram ID cards.
ADHOC11
Nuisance - Consumption
The premises licence holder shall ensure that all alcohol purchased via 'on' sales shall be consumed on the premises or within its allocated external seating area if one exists.
ADHOC12
Nuisance - Risk
The premises licence holder shall ensure that all public and private 'events or functions' are subject to a written Risk Assessment that shall include the date, times and nature of the event, the assessment of risk and the measures put in place to address any identified risks. All Risk Assessments shall be documented and retained for a minimum of 1 year and shall be made available for inspection by Police and Council officials upon request.
ADHOC13
Children - Adult Entertainment
There will be no adult entertainment take place in the premises.
ADHOC14
Children - Challenge 25
The premises will operate and enforce a ¿Challenge 25¿ proof of age policy where by all persons appearing to be under the age of 25 will be required to provide proof of age document. The only forms of ID accepted will be Passports and photographic ID cards such as Driving Licences and validated and approved hologram ID cards. The management shall make sure that if any adult attempts to buy alcohol for someone who is under 18 years old of age, in order to refuse the sale. There shall be only one circumstance for a 16-17 years old person; to consume one beer or cider with meal consumption only, and the alcohol should be asked by the young persons¿ parent. A minimum of two people will be present on the shop floor during the opening hours after 9pm, and the staff working between these hours will be a minimum of 21 years of age. A log book shall be kept for any incident that may also affect children.
ADHOC15
Children - Training
All staff will be trained in order to promote all four licensing objectives fully to provide a good business in a safe manner, while meeting customers¿ expectations.
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