Mandatory Licensing Conditions – What are they?
The Secretary of State has the power to specify conditions to be attached to relevant premises licences and relevant club premises certificates (i.e. licences relating to premises supplying alcohol to the public or to members or guests).
The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014 (“the Order”) is the statutory instrument under which the Secretary of State specifies those conditions. They are mandatory and made in line with what is considered to be appropriate for the promotion of licensing objections.
1st October 2014 – What are the changes?
The previous mandatory licensing conditions in force are amended so that relevant premises will have to comply with four mandatory conditions. These conditions will apply from 1 October 2014.
The Four Mandatory Conditions:
The Order details these as follows (although be aware that conditions 1, 2 and 4 below do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises):
1) Promotional Activities:
“(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.”
This includes encouraging games or activities which encourage, or are designed to require or encourage, individuals to drink alcohol within a time limit (other than before the end of the period within which the sale or supply of alcohol is authorised), or to drink as much alcohol as possible (whether within a time limit or otherwise). It also applies to provision of alcohol in a manner which “carries a significant risk of undermining a licensing objective”, selling or supplying alcohol in association with promotional activities 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”, and to “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)”.
“The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.”
3) Age Verification:
An age verification policy must be in place (and carried out) in respect of the sale and supply of alcohol.
“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.”
The responsible person must ensure that certain alcoholic drinks are available in certain measures as specified in the Order and that those measures are displayed “in a menu, price list or other printed material which is available to customers on the premises” and “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”.