New Mandatory Conditions - April 2010

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01903 221068

licensing.unit@adur-worthing.gov.uk

New Mandatory Conditions on Premises Licences & Club Premises Certificates

Amendments have been made to the Licensing Act 2003. The Police and Crime Act 2009 has amended the act and introduced 5 new mandatory conditions to be applied to premises licences and club premises certificates.

The first three conditions automatically apply to all premises licences and club premises certificates whether new or existing from Tuesday 6 April 2010. The remaining conditions will come into force on 1 October 2010.

Whilst the conditions are attached to the premises licence, they will actually place an obligation on the following people: 

• The premises licence holder
• The designated premises supervisor
• Any person aged 18 or over authorised to make sales of alcohol at a premises.

Guidance to these conditions has been issued and a copy is provided below.

The first three conditions cover the following:

• All reasonable steps shall be taken to ensure that staff do not carry out, arrange or participate in any irresponsible promotions. Such promotions are attempted to be defined quite widely to include games encouraging the consumption of quantities of alcohol; providing quantities of alcohol free or for a fixed or discounted fee; provision of free or cheap alcohol as a prize; provision of free or cheap alcohol related to viewing sporting events in certain circumstances; provision of alcohol in association with promotional posters/fliers in the vicinity of premises in certain circumstances .
• Prevention of alcohol being dispensed directly by one person into another's mouth, ie the so called 'dentist's chair'.
• The provision of free tap water on request.

The final two Conditions will come into effect in October and require the following:

• An Age Verification Policy.
• Providing alcohol in small measures, eg spirits: 25 ml or 35 ml; and a glass of wine:125ml.

If the licensed premises is an 'off-licence' selling alcohol for consumption off the licensed premises then only the condition regarding an age verification policy will apply.

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