Supply of alcohol
Section 19: where the licence authorises the supply of alcohol
The licence is granted subject to the mandatory conditions for sale of alcohol as set out in the licensing act 2003 as amended by the licensing act 2003 (mandatory licensing conditions) order 2010 and order 2014.
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
(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.
3. (1) the responsible person must 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,
(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 in a manner which carries a significant risk of undermining a licensing objective;
(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 in a manner which carries a significant risk of undermining a licensing objective;
(d) 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.
(e) dispensing alcohol 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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
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 licences 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.
6. The responsible person shall ensure that -
(a) where any of the following alcoholic drinks is sod 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 12 pint:
(ii) gin rum vodka or whisky 25 ml or 35 ml: and
(iii) still wine in a glass 125 ml: and
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises: and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
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)
(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 the 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.
Exhibition of Films
Section 20 Mandatory Condition: Exhibition of Films
1.Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
2.Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation by that body.
(a) The film classification body is not specified in the licence, or
(b) The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.
4.In this section 'children' means any person 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(c39) (authority to determine suitability of video works for classification).
Any restrictions placed on the Licence by virtue of Schedule 8 paragraph 6(8) of the Licensing Act 2003, except:
1. The extended permitted hours for the sale and consumption of alcohol and provision of regulated entertainment on New Years Eve/New Years Day.
2. On commencement of British Summertime, the benefit of the clock going forward at 02:00 instead of 01:00 GMT.
3. All staff employed in the Showbar during times when alcohol is available for sale or consumption will be fully trained with regard to their responsibilities in accordance with the Licensing Act 2003, with particular regard to preventing underage drinking and drunken behaviour.
4. At times when the Showbar is being used for regulated entertainment during which no alcohol is being supplied, clearly identifiable members of staff will be on duty within the Showbar throughout the Regulated Entertainment whose sole responsibility will be to ensure safety at all times and that no unauthorised access can be gained to the room. There will be a minimum of at least one identifiable member of staff to every 100 or part 100 customers in the Showbar.
5. There will be one Personal Licence Holder on duty from 18:00 during 'non-peak season', and two Personal Licence Holders on duty during 'peak-season' within the Complex. Where there are two Personal Licence Holders on duty during 'peak season', at least one of those will be assigned to the Showbar. The 'peak season’ to be notified to the Police and the Licensing Authority in January of each calendar year, but includes the two weeks at Easter and the six weeks Summer holiday.
6. The premises licence holder shall prepare and adhere to a Noise Management Plan which shall be agreed in consultation with, and subject to, the approval of the Environmental Health Department of Arun District Council. The Noise Management Plan shall be reviewed and varied as necessary by the premise licence holder in consultation with the EH Dept. Such review to be undertaken by the premise licence holder upon request by the EH Dept.
7. No customers to be permitted at any time in the service yard, except in the case of emergency.
8. If any band does not use the applicants own sound system, the management will ensure the sound is switched off immediately if the doors are opened for any reason, and;
9. An annual meeting will be facilitated by Bourne Leisure and held by the end of May with invitations to local residents, Arun District Council and other responsible authorities to discuss issues regarding the licensing objectives.
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