ANNEX 1 - MANDATORY CONDITIONS
WHERE A LICENCE AUTHORISES THE SUPPLY OF ALCOHOL (Section 19 Licensing Act 2003)
1. That 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.
2. That every supply of alcohol under the Premises Licence must be made or authorised by a person who holds a Personal Licence.
3. (1) The responsible person (as defined in Section 153(4) of the Licensing Act 2003) shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children:
(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in Section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on:
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
4. 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).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonable available.
6. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
7. The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
Conditions 1 & 2 do not apply to a Club Premises Certificate, only Premises Licences.
The conditions in paragraphs 3 to 5 and 7 of the above Schedule do not apply where the Premises Licence or Club Premises Certificate authorises the sale by retail or supply of alcohol for consumption off the premises only.
EXHIBITION OF FILMS (Section 20 Licensing Act 2003)
1. Where a Premises Licence or Club Premise Certificate authorises the exhibition of films, the licence or certificate must include a condition requiring the admission of children to the exhibition at any film to be restricted in accordance with these paragraphs.
2. Where a film classification body is specified in the licence or certificate, unless paragraph 3 (b) below applies, admission of children must be restricted in accordance with any recommendation by that body.
() the film classification body is not specified in the Licence or Certificate; or
() the Licensing Authority has notified the holder of the Licence or the Club which holds the Certificate that this paragraph applies to the film in question, admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.
4. In these paragraphs "children" means persons aged under 18 and "film classification body" means the person or persons designated as the authority under Section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).
DOOR SUPERVISION (Section 21 Licensing Act 2003)
1. Where a Premises Licence includes a condition that at specified times one or more individuals must be at the premises to carry out security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
STANDARD PRE-EXISITING CONDITIONS APPLICABLE TO ‘ON LICENCE WITH SUPPER HOURS CERTIFICATE AND NO CHILDREN’S CERTIFICATE’
1. Alcohol shall not be sold or supplied except during permitted hours as stated in the Premises Licence.
The above restrictions do not prohibit :
a) during the first thirty minutes after the permitted hours the consumption of alcohol on the premises;
b) during the first twenty minutes after the permitted hours, the taking of alcohol from the premises unless the alcohol is supplied or taken away in an open vessel;
c) during the first thirty minutes after the permitted hours, the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as an ancillary to their meals.
d) the sale or supply of alcohol to, or consumption of alcohol by, any person residing at the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;
f) the sale of alcohol to a trader for the purposes of his trade, or to a registered club for the purposes of the 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;
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;
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 liquor 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. The embedded restrictions with regard to children under the Licensing Act 1964 have been removed at the discretion of Scarborough Borough Council’s Licensing Authority. The Licensing Act 2003 restrictions and any conditions offered in the Operating Schedule will, however, apply
3. The Licensee may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours.