Annex 1
The following conditions apply unless they have been superseded by provisions of the Licensing Act 2003.
On Licence
Licensing Act 2003 Mandatory Conditions
Mandatory conditions where licence authorises the 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 licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(2) The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010
(1) The responsible person shall take all responsible 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 dependant 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.
(2) 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 disability).
(3) The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
From 1st October 2010 these conditions will also apply
(4) (a) The premises licence holder or club certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(b) 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.
(5) 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 whiskey: 25ml or 35ml; and
(iii) still wine in a glass: 125ml: and
(b) customers are made aware of the availability of these measures
Mandatory Condition where the licence permits the performance of Films
Where a programme includes a film in the 12A, 15 or 18 category, as classified by the British board of Film Classification, no person appearing to be under the age of 12 (and unaccompanied in that case),15 or 18 as appropriate shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms-
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.
This condition does not apply to members of staff under the relevant age while on duty provided the prior written consent of the person’s parents or legal guardian has first been obtained.
Immediately before each exhibition of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds a in such a manner that it can be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the category of the film
Mandatory conditions where Door Supervisors are provided
All individuals who carry out security activities must be licensed by the Security Industry Authority (SIA)
Mandatory Conditions for club Premises with off sales
1) The supply of alcohol for consumption off the club premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.
2) Any alcohol supplied for consumption off the premises must be in a sealed container.
3) That any supply of alcohol for consumption off the premises must be made to a member of the club in person.
P.E.L
This licence is also subject to the conditions laid down in the Rochdale MBC “Regulations applying to Entertainments Licences”, which were made in respect of Entertainments Licences for public music and dancing and entertainments of a like kind issued under the Local Government (Miscellaneous Provisions) Act 1982 (copy attached). It should be noted that Reg. 36 has been superseded by the Mandatory Condition in respect of Door Supervisors.