ANNEX 1 - MANDATORY CONDITIONS
1.1 No supply of alcohol may be made under this licence
a. at a time when there is no designated premises supervisor in respect of it or,
b. at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
1.2 Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
Mandatory Licensing Conditions (wef October 2014)
(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.
Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014
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(a);
(b) “permitted price” is the price found by applying the formula-
P = D + (D×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) “value added tax” means value added tax charged in accordance with the Value Added
Tax Act 1994(b).
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.
ANNEX 2 - CONDTIONS CONSISTENT WITH THE OPERATING SCHEDULE
2.1 Staff shall be trained before making sales of alcohol in their responsibilities under the Licensing Act 2003. Training shall be documented & made available to the Police & authorised officers of the council upon reasonable request.
2.2 CCTV shall be installed internally and externally at the premises and shall comply with the following:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. The entrance and the alcohol display are to be covered by the system. The system shall incorporate a camera covering the entrance doors and the night hatch area. This camera shall be capable of providing an image which is regarded as identification standard.
b) The system shall display on any recordings the correct time and date of the recording.
c) The system shall make recordings during all hours the premises are open to the public.
d) Any recording shall be retained and stored in a suitable and secure manner for a minimum of 31 days and shall be made available, subject to compliance with Data Protection Legislation, to the police for inspection upon request.
e) The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises or using the night hatch.
2.3 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times that the premises is open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested. This data or footage playback should be almost instantaneous, including providing Police with recorded images on request.
2.4 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
2.5 Bi-Annual documented maintenance checks of the CCTV system, including the recording system, shall be undertaken by the Designated Premises Supervisor to ensure that the system is in good working order and fit for purpose.
2.6 A register of refusals of alcohol shall be maintained at the premises. The register shall be examined on a regular basis by the duty manager/ DPS and the date and time of each examination shall be endorsed in the register. The register shall be made available for inspection by the Police and other authorised officers of the council upon reasonable request.
2.7 An incident register shall be maintained at the premises and made available to the authorities on request.
2.8 A notice shall be on display asking that the customers leave the area quietly and respect the local residents.
2.9 All staff at the store shall be trained in how to manage any person who they suspect may create a public nuisance in the area of the store. Such people shall be asked to leave the area quietly (if safe to do so) an entry shall be made in the incident register.
2.10 The premises shall adopt a ’Challenge 25’ policy. This means that if a customer purchasing alcohol appears to be under the age of 25 they shall be asked for proof of their age, to prove that they are 18 years or older.
2.11 Posters shall be on display advising customers of the ‘Challenge 25’policy.
2.12 Acceptable identification shall include their photograph, date of birth and a holographic mark and/or ultraviolet feature. Examples of appropriate identification include a passport, photocard driving licence, military ID, and ID bearing the PASS hologram. This condition shall accommodate changes to acceptable identification of this in digital form as authorised by the Home Office.
2.13 Between the hours of midnight and 0600 the shop retail area of the premises shall not be open to the public and all sales shall be made through the night serving hatch. No persons shall be allowed inside the retail area of the premises during these times, except staff members and emergency service workers.
ANNEX 3 - CONDITONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 Challenge 25 refresher training shall be carried out as a minimum every 6 months. Records to evidence the training shall be available for viewing by an authorised officer from a relevant authority upon request.
ANNEX 4 - PLANS
See attached plan FY PL0420