Licensing Act 2003 policy
B. Policy Statements: Part one
7.1 Each application will be considered on its individual merits.
7.2 The policy does not seek to introduce 'zones' within the borough where specific activities are concentrated.
7.3 The policy does not determine the hours during which alcohol can be sold and, in general, shops will be permitted to sell alcohol during the hours during which they are normally open for trade. However, the licensing authority recognises that some shops may become the focus for antisocial behaviour. In these circumstances the licensing authority will consider carefully any representations that the police, local residents or any other person/responsible authority may make in considering any licence application.
7.4 The licensing authority recognises the principle of 24 hour opening of all licensed premises. However, it considers that longer opening hours may be more acceptable in commercial areas with high levels of public transport. In any event the grant of a licence will always be dependent on the impact of an activity in relation to the licensing objectives (see also paragraph 18).
7.5 This policy does not seek to regulate matters which are provided for in any other legislation e.g. planning, health and safety, employment rights, fire safety etc.
7.6 The licensing authority wishes to encourage licensees to provide a wide range of entertainment activities within the authority throughout their opening hours and to promote live music, dance, theatre etc. for the wider cultural benefit of the community.
8. Standard Conditions
8.1 The policy does not impose standard conditions and any condition which is imposed, will be tailored to the specific style and needs of the premises to which they relate and will be linked to one of the licensing objectives.
9. Mandatory Conditions
9.1 Schedule 4 of the Policing & Crime Act 2009 amended the Licensing Act 2003 to give the Secretary of State power to impose up to nine mandatory licensing conditions in relation to the sale and supply of alcohol under licence.
9.2 The Mandatory Conditions from this Act apply to all existing and future premises licences which authorise the sale and supply of alcohol.
9.3 The Mandatory Conditions override any conditions already included in a premises licence or club premises certificate as far as they are identical to the existing conditions. As the new conditions are mandatory licensing conditions any breaches will be treated in the same way as breaches of existing conditions. Failure to comply with the conditions attached to a licence or certificate is a criminal offence which on conviction would be punishable by an unlimited fine or up to 6 months imprisonment or both.
9.4 Full List of Mandatory Conditions 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.
2. Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
3.(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 antisocial 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).
4.The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5.(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 holographic mark, or an ultraviolet feature.
6 .The responsible person must ensure that -
(a) where any of the following alcoholic drinks are 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.
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) In this condition: -
a."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; b."duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
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.
(3) Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.
(4) Where the permitted price 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, 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.