ANNEXE 1 - MANDATORY CONDITIONS
MANDATORY CONDITIONS UNDER THE LICENSING ACT 2003
Supply of Alcohol
No supply of alcohol may be made under the premises licence:
() at a time when there is no designated premises supervisor in respect of the premises licence, or
() 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.
Drinks Promotions
(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).
Water
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
Age Verification
(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.
Measures
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.
Permitted Price
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 rate 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.
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.
ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
1) A CCTV system shall be used and shall be designed and installed in accordance with the Cheshire Constabulary’s CCTV guidance document called ‘CCTV in Licensed Premises - An Operational Requirement’. This system shall be in operation at all times when licensable activities are taking place.
Recorded CCTV images will be maintained and stored for a period of twenty-eight days,
A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member shall be able to provide a Police officer or an authorised officer of the licensing authority data or footage upon request. All requests for footage are to be provided within a reasonable time scale.
Designated supervisors will need to demonstrate that their CCTV system complies with their
Operational requirements. They will need to be able to demonstrate the following:-
· Recordings are fit for their intended purpose
· Good quality images are presented to the officer in a format that can be replayed on a
standard computer
· The supervisor has an understanding of the equipment/training
· Management records are kept
· Maintenance agreements and records are maintained
· Data Protection principles and signage are in place
2) Drivers must not be given any incentive to sell alcohol. Alcohol may not be sold from the delivery vehicle.
3) The delivery driver may only carry alcohol that has been pre-ordered.
4) The right to refuse the sale of alcohol must be in the terms and conditions on the website.
5) When the delivery drivers are employed directly by the Premises Licence holder, a register of drivers’ details must be kept on the premises and must be made available for inspection by Local Authority officers and the Police.
6) The Premises Licence holder shall ensure that no members of the public shall be admitted to the premises, when they are being used for licensable activity. All orders for alcohol shall only be accepted if they are made remotely.
7) The website shall have age restriction questions and terms.
8) Product ABV shall be clearly visible on each item.
9) All stock will be stored in a closed and secured area not visible from outside.
10) All deliveries received at licensed premises will be signed for by the DPS or other named applicant and correctly stored upon receipt.
11) All items for despatch will be stored within the premises for pickup by courier.
12) There shall be no obstructions to public areas.
13) The premises operates online sales only, with no access to the public at any time.
14) We will operate a 'quiet hours' policy where deliveries, pickups and removal of waste will not take place between 21.00hrs and 0900hrs.
15) Before access to the website customers will be asked "Are you above legal drinking age in your country" and will have to answer "Yes or No". If respond "No" the site will close. Once customers click on "Checkout" a text box with 'Terms and Conditions of Sale' stating age restriction - you must be over 18 years of age to purchase any alcoholic products on our webshop. By placing an order that includes alcohol, you are confirming that you understand these terms and that your are aged 18 or older. It is an offence to sell alcohol to anyone under the age of 18 in the UK.
16) Delivery couriers will be required to see Proof of Age such as passport, driving license or ID card.
- Alcohol delivered to an address away from the licensed premises shall only be left with a person over the age of 18 years.
- The age of the purchaser is to be confirmed before the goods are handed over at the point of delivery.
- Delivery drivers (or person making delivery) shall only accept, as proof of age, a valid passport, a valid photo card driving licence, a PASS approved card, HM Forces ID or other acceptable ID that has been approved by the Local Authority in the area where the alcohol is being delivered.
- A 'Challenge 25' policy shall be operated by delivery drivers (or person making delivery).
- A written or digital record of refusals (to leave alcohol at given address) shall be kept on the delivery vehicle and maintained, recording the address, date, time and reason for the refusal.
- When the company uses a third party courier to deliver alcohol the courier must provide an age verification service or check ID at the time of delivery. The courier must not allow minors to sign for or accept deliveries.
- The DPS or Premise Licence Holder shall, at the request of an authorised Officer of the Local Authority or Police, produce full details of the couriers used and the system they use to verify age.
- A notice at the point of ordering shall be displayed on the company website stating it is an offence for a person under the age of 18 to purchase alcohol.
ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY
None.
ANNEXE 4 - PREMISES PLANS
The premises licence forms part of the licence.
ANNEXE 5 - DATE LICENCE FIRST GRANTED
4th December 2020.