ANNEX 1 - MANDATORY CONDITIONS
CLUBS: Mandatory conditions for licence to sell or supply alcohol for consumption OFF the premises
Club Premises Certificates that authorise supplies of alcohol for consumption off the premises (s73 condition)
1) Any supply of alcohol for consumption off the premises must only be made when the premises are open for the purposes of supplying alcohol to members of the club for consumption on the premises.
2) Any supply of alcohol for consumption off the premises must be in a sealed container.
3) Any supply of alcohol for consumption off the premises must be made to a member of the club in person.
Club Premises Certificates authorising the supply of alcohol for consumption on the premises (Additional Mandatory Condition for Irresponsible Drinks Promotions)
1) (1)The responsible person must ensure that staff on the premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises, and the responsible person is any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question,
(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).
3) The responsible person who is any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question, must ensure that free potable water is provided on request to customers where it is reasonably available.
4) The responsible person who is any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question, 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: ½ 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.”
Club Premises Certificates authorising the supply of alcohol for consumption on or off the premises, or both (Additional Mandatory Condition for Age Verification Policy and Under Duty+VAT Sales)
1) (1) The 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 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.
2) 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(a) 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
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(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 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
d) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.