ANNEX 1 - MANDATORY CONDITIONS
Condition 1
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.
Condition 2
The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
In this paragraph, an irresponsible promotion means 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance or harm to children-
(a) games or 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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
Condition 3
The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
Condition 4
The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
Condition 5
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.
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 a holographic mark.
Condition 6
The responsible person shall 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: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Condition 7
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) ‘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.
Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of the children must be restricted in accordance with any recommendation made by that body.
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 the children must be restricted in accordance with any recommendation made by that licensing authority.
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).
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
CCTV will be installed, operated and maintained to the satisfaction of the Chief Officer of Police and Licensing Authority. This will be achieved by compliance with the document: CCTV Systems installed within licensed premises in Mid Devon - Operational requirement Analysis Reference: Version 6 - September 2013 - Market House, Cullompton by 01 July 2014
The CCTV agreement, within the Operational Requirement document, will be signed and dated by the premises licence holder or a person authorised to sign on behalf of the premises licence holder by 01 July 2014.
The signed CCTV agreement and the completed CCTV operational requirement document or a true copy of the document/s will be maintained at the premises available for inspection by a police office or an authorised officer of the licensing authority at any reasonable time
An A4 notice will be displayed within 1 metre of any public entrance and exit to the premises.
The notice will contain wording to the effect of - ‘Respect our neighbours and leave the premises quietly’. The text of the notice to be in a font no smaller than size 36 Arial.
Staff working at the premises will be instructed that:
· Persons 16 or 17 years of age may only consume alcohol on licensed premises if:
The alcohol is beer, wine or cider,
Its consumption is at a table meal on relevant premises, and
The individual is accompanied at the meal by an individual aged 18 or over.
· That people under 16 cannot consume alcohol on licensed premises.
· Alcohol cannot be purchased by anyone under 18 years of age
When the premises are open for the exclusive or primary purpose for the supply of alcohol for consumption ‘on’ no unaccompanied person under 18 to be present in the area licensed for the sale of alcohol other than for the purposes of passing through when no other convenient means of access or egress exists.
A person is to be considered as ‘accompanied’ when under the supervision of a person 18 years of age or older.
No person under 18 to be present in the area licensed for the sale of alcohol between 20.00 hours and premises closing time other than for the purposes of passing through when no other convenient means of access or egress exists.