Annex 1 – Mandatory conditions
S 19; mandatory conditions where
licence authorises supply of alcohol
1. 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
2. Every supply of
alcohol under the premises licence must be made or authorised by a person who
holds a personal licence
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) a holographic mark, or
(b) an ultraviolet feature.
Minimum
Drinks Pricing
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+(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.
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.
Annex
2 – Conditions consistent with the Operating Schedule
General
1.
The premises
will not stock or sell beers, ciders or lagers with an ABV in excess of 5.5%.
For
the Prevention of Crime and Disorder:
2.
a)
Digital CCTV
and appropriate recording equipment to be installed, operated and maintained
throughout the premises internally and externally to cover all public areas,
including the entrance to the premises. The system shall be on and recording at
all times the premises licence is in operation.
b)
The CCTV
cameras and recording equipment must be of sufficient quality to work in all
lighting levels inside the premises at all times.
c)
CCTV footage
will be stored for a minimum of 31 days
d)
The
management will give full and immediate cooperation and technical assistance to
the Police in the event that CCTV footage is required for the prevention and
detection of suspected or alleged crime.
e)
The CCTV
images will record and display dates and times, and these times will be checked
regularly to ensure their accuracy.
f)
Subject to
Data protection guidance and legislation, the management of the premises will
ensure that key staff are fully trained in the operation of the CCTV, and will
be able to download selected footage onto a disk (or other electronic portable
device acceptable to Sussex Police) for the police without difficulty or delay
and without charge to Sussex Police.
g)
Any breakdown
or system failure will be noted in a log book with steps to rectify the issue.
Sussex police licences must be notified with the breakdown of CCTV lasting 48
hours. In the event of the CCTV system hard drive being seized as evidence as
part of a criminal investigation by Sussex Police or for any other reason, the
premises will be expected to install a replacement hard drive or a temporary
replacement drive as soon as practicable.
3.
a)
An incident
log will be maintained by the premises showing a detailed note of incidents
that occur in the premises. The log will be inspected and signed off by the DPS
(or a person with delegated authority) at least once a week.
b)
The log book
should be kept on the premises and be available for inspection at all times the
premises are open by authorised officers of the Licensing Authority or the
police. An incident will be defined as being one which involves an allegation
of a criminal offence.
c)
Any refusals
made for alcohol service e.g. underage, will also be recorded (either in
electronic or written form) and feedback given to staff as relevant. The log
will be kept for a minimum of twenty four (24) months.
For
Public Safety:
None
For
the Prevention of Public Nuisance:
4.
Signage will
be displayed at the exit of the premises asking customers to respect the needs
of local residents and leave the premises quietly.
For
the Protection of Children from Harm:
5.
The premises
will operate a "Challenge 25" policy whereby any person attempting to
buy alcohol who appears to be under 25 will be asked for photographic ID to
prove their age. The recommended forms of ID that will be accepted are
passports, official Photographic Identity Cards issued by EU states bearing a
hologram or ultraviolet feature, driving licences with a photograph,
photographic military ID or proof of age cards bearing the ‘PASS’ mark
hologram. The list of recommended forms of ID may be amended or revised with
the prior written agreement of Sussex Police, the Licensing Authority and
Trading Standards without the need to amend the licence or conditions attaching
to it.
6.
Signage
advertising the ‘Challenge 25’ policy will be displayed in prominent locations
in the premises.
7.
The Premises Licence
Holder shall ensure that all staff members engaged or to be engaged, in selling
alcohol at the premises shall receive the following induction training. This
training will take place prior to the selling of such products.
•
The lawful
selling of age restricted products including proxy sales
•
Refusing the
sale of alcohol to a person who is drunk
•
Conflict
resolution
Further
verbal reinforcement/refresher training covering the above will be carried out
thereafter at intervals not to exceed six (6) months, with the date and time of
the verbal reinforcement/refresher training documented.
All
such training undertaken by staff members shall be fully documented and
recorded. All training records shall be made available to Sussex Police,
officers of the local authority and officers from the Trading Standards team
upon request.
Annex 3 – Conditions attached
after a hearing by the licensing authority- N/A
Annex 4 – Plans
