Annex 1 - Mandatory conditions
S 19; mandatory conditions where licence authorises supply of alcohol
- 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, or
(b) 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
1.—(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.
2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a 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.
7. 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(1);
(b)"permitted price" is the price found by applying the formula—
P=D+(DxV)
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(2).
8. 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.
9. (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.
On Licenses
1. Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
1) On weekends, other than Christmas Day, Good Friday or New Year's Eve: 10:00 - 23:00
2) On Sundays, other than Christmas Day or New Year's Eve: 12:00 - 22:30
3) On Good Friday: 12:00 - 22:30
4) On Christmas Day: 12:00 - 15:00 and 19:00 - 22:30
5) On New Year's Eve, except on a Sunday: 12:00 - 22:30
6) On New Year's Eve on a Sunday: 12:00 - 22:30
7) 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
Restrictions
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours the consumption of alcohol on the premises;
b) during the first twenty minutes after the above hours, the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
c) during the first thirty minutes after the above hours the consumption of alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) consumption of alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of alcohol so ordered;
f) the sale of alcohol to a trader or club for the purposes of the trader or club;
g) 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;
h) the taking of alcohol from the premises by a person residing there; or
i) 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
j) 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 alcohol 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.
2. Premises with no children's certificate
No persons under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a) he is a child of the holder of the premises licence
b) he resides in the premises, but is not employed there
c) he is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress
d) the bar is in a railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary
In this condition "bar" includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is not sold or supplied to persons as an ancillary to their table meals.
Source Section 168,171 and 201 Licensing Act 1964
4. Late Night Refreshment
The licence may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above, and on New Year's Eve until 05:00 on New Years Day
5. Recorded Music
Premises licensed for the sale and supply of alcohol may provide, at any time, regulated entertainment by the reproduction of wireless, including television broadcast and of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.
Source Section 182 Licensing Act 1964
Magistrates Licence conditions
1) The sale of intoxicating liquor and other beverages shall be by waiter/waitress service for consumption by persons seated at tables
2) Substantial refreshment shall be available at all times
3) CCTV and appropriate recording equipment to be installed, operated and maintained in consultation with Sussex Police
4) Registered SIA door supervisors to be employed on a Friday, Saturday and Public Holidays from 7pm removed with minor variation March 2015
5) First floor to be staffed at all times when used by patrons as a café bar
6) External area to be defined by a substantial barrier
