ANNEX 1 - MANDATORY CONDITIONS
Where a premises licence authorises the sale of alcohol, the licence must include the following conditions:
1. (1) No supply of alcohol may be made under the premises licence -
At any time when there is no designated premises supervisor in respect of the premises, or
At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(2) Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
2. (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).
3. The responsible person must ensure that free potable water is provided on request to
customers where it is reasonably available.
4. (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.
5. 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: 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.”
6. 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.
6.1 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(a).
6.2 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.
6.3 (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.
1 Where previous licence is "on licence" alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means (unless licence subject to variation):
a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 11 am to 11 pm.
b) On Sundays, other than Christmas Day or New Year's Eve, 12 noon to 10.30 pm.
c) On Good Friday, 12 noon to 10.30 pm.
d) On Christmas Day, 12 noon to 3 pm and 7 pm to 10.30 pm.
e) On New Year's Eve, except on a Sunday, 11 am to 11 pm.
f) On New Year's Eve on a Sunday, 12 noon to 10.30 pm
g) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day, which would be 11.00 am if New Year's Day falls on a weekday or 12 noon if a Sunday.
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
b) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
c) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
d) The sale of alcohol to a trader or club for the purposes of the trade or club;
e) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
f) The taking of alcohol from the premises by a person residing there; or
g) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
h) The supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.