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
The Prevention of Crime and Disorder
1. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), 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.
• The CCTV cameras and recording equipment must be of sufficient quality to work in
• all lighting levels inside the premises at all times.
• CCTV footage will be stored for a minimum of 31 days
• 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. A member of staff must be present at all times who can operate the system and supply copies of these images on request to either Police, Council or other authorised Officer.
• The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.
• 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 for the police without difficulty or delay and without charge to Sussex Police.
• Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.
2. Notices will be prominently displayed by the entry door and point of sales stating CCTV is in operation and the provisions of the licensing act regarding underage and proxy sales.
3. Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.
4. No beers, lagers or cider with an ABV content exceeding 6% will be sold other than premium speciality bottled beer, lager or cider.
5. The area given over to the display of alcohol will be no more than 15% of the sales area.
6. All spirits to be behind the counter and beyond arms reach of customers.
7. No single cans of 440ml or less of beer, lager or cider will be sold; only multipacks of 4 or more cans will be sold.
8. All alcohol shall be concealed from display when the licence is not in operation.
9. Clear notices shall be displayed in prominent positions in the premises informing customers of the permitted / opening hours for the sale of alcohol.
10. If a scheme is in operation the premises licence holder will ensure the premises will become a member of the Business Crime Reduction Partnership (BCRP) whilst this scheme is in existence and if not, any similar body. The premises will sign up and pay for membership of the BCRP before alcohol is sold.
11. There will be no displays of alcohol within 3 meters of the entrance of the store or, with the exception of spirits behind the counter if the counter is situated at the front of the store.
12. No alcohol displays will be visible through the windows of the display, with the exception of spirits behind the counter and the main alcohol display.
13. There will be no advertising of alcohol outside the premises on such devices as A boards.
14. A documented security risk assessment must be written by the Designated Premises Supervisor and agreed by Sussex Police, which identifies the activities undertaken at the premises and the controls necessary to promote the licensing objectives. It will include a written assessment demonstrating what considerations have been made for both normal day to day activities and any special events or functions which may arise during the year. This document shall be immediately available for inspection by the Police and the Licensing Authority, upon request. SIA trained and licensed security staff shall be employed on occasions when a requirement is identified by the licence holder's risk assessment or requested by Sussex Police.
The Prevention of Public Nuisance
15. Notices will be prominently displayed by the exit door asking customers to respect nearby residents and to leave the shop & area quietly, not to loiter outside the shop, to dispose of litter responsibly and advising customers not to drink in the street as they are in an area subject to a DPPO.
16. Management and staff will proactively discourage persons from drinking or loitering outside the shop.
17. The shop front will be kept tidy at all times and shall be swept at close.
18. No deliveries will be received or removal of rubbish take place between 20.00 and 07.00 daily.
For the Protection of Children from Harm
19. 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;
· Refusing the sale of alcohol to a person who is drunk.
20. Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed eight weeks, with the date and time of the verbal reinforcement/refresher training documented.
21. 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 Brighton & Hove Weights & Measures Officers upon request.
22. 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, driving licences with a photograph or proof of age cards bearing the ‘PASS’ mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.
23. Signage advertising the “Challenge 25” policy will be displayed in prominent locations inside the premises.
24. The premises shall at all times maintain and operate refusals recording system (either in book or electronic form) which shall be reviewed by the Designated Premises Supervisor at intervals of no less than 4 weeks and feedback given to staff as relevant. This refusals book shall be available upon request to police staff, local authority staff and Weights and Measures officers.
25. The premises will not operate an alcohol delivery business.
26. All staff to be specifically trained in proxy sales and signage to deter proxy sales will be displayed.
27. Notices will be displayed in store stating that it is an offence for under 18’s to purchase alcohol.
Annex 3 – Conditions attached after a hearing by the Licensing Authority – N/A
Annex 4 – Plans