New conditions were brought in by the Home Office on 6th April 2010 giving the Secretary of State power to impose up to nine mandatory licensing conditions relating to the supply of alcohol under licence.
Who do these conditions apply to?
They apply to all existing and new Premises Licenses and Club Premises Certificates for 'on sale' of alcohol.
What are the new conditions?
From 6th April 2010, the new mandatory conditions:
- Ban irresponsible promotions
- Ban the dispensing of alcohol directly into the mouth
- Ensure that customers have access to free tap water enabling them to space out drinks From 1st October 2010, the following will apply
- An age verification policy to be in place to prevent underage sales
- To ensure that customers have the opportunity to choose small measures of beers, ciders, spirits and wines
What happens if the conditions are breached?
Failure to comply is a criminal offence, Level 5 meaning a 6 month prison sentence and/or £20,000 fine, as well as a review of the Premises Licence/Club Premises Certificate. Any breach is expected to be taken seriously.
Who is responsible?
The holder of the Premises Licence; the designated Premises Supervisor, and individual over 18 who is authorised by such a holder or supervisor. For Clubs operating under a Club Premises Certificate - any member or officer of the Club present on the Premises in a capacity which enables him to prevent the supply in question.
DCMS Guidance Changed
The DCMS regularly updates its Guidance under s182 Licensing Act. The latest edition contains specific reference to the mandatory Conditions and these can be found on page 91 onwards.
The Licensing team at Sydney Mitchell operate nationwide and have particular expertise in looking after smaller outlets and sports and social clubs around the country.
Please contact us for more information on this or any other licensing issue.
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