For further information on the new mandatory conditions please
also refer to Home Office guidance.
The new mandatory conditions are as follows:
1.—(1) The responsible person
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.
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 a disability).
3. The responsible person shall ensure
that free tap water is provided on request to customers where it is
reasonably available.
4.—(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.
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 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.
Revised Guidance issued under section 182 of the Licensing Act 2003
– March 2010 PDF (1mb)
Revised Guidance issued under section 182 of the Licensing Act 2003
– March 2010 rtf (689kb)
New conditions for licensed/club premises in England and Wales
- age verification and smaller measures
The Licensing Act 2003 (mandatory licensing conditions) order
2010 set out five new conditions that apply to all licensed
premises and those with a club premises certificate in England and
Wales. The first three of these conditions came into force on 6
April 2010, with the implementation of the remaining two (which
relate to premises applying an age verification policy and making
available smaller measures of drinks) being delayed for six
months to give premises time to prepare before they came into
force.
On 1 October 2010, the two remaining new mandatory conditions
come into force. Further detail on these conditions is set out
below, alongside a model age verification policy and information on
further changes made by the legislative reform (licensing) (interim
authority notices etc) order 2010.
Age-verification
The premises licence holder or club premises certificate holder
must ensure that an age verification policy applies to the premises
in relation to the sale or supply of alcohol.
This must as a minimum require individuals who appear to the
responsible person to be under the age of 18 years of age to
produce on request (before being served alcohol) identification
bearing their photograph, date of birth, and a holographic
mark. Examples of acceptable ID include photo card driving
licences, passports or proof of age cards bearing the PASS
hologram, although other forms of ID which meet the criteria laid
out above are also acceptable.
The premises licence holder or club premises certificate holder
must ensure that staff (in particular staff who are involved in the
supply of alcohol) are made aware of the existence and content of
the age verification policy applied by the
premises.
This condition does not exclude best practice schemes such as
Challenge 21 or Challenge 25 which require individuals who appear
to be under an age which is greater than 18 to provide ID.
The condition only applies in situations where the sale takes
place face to face. Companies that sell alcohol remotely (e.g.
online or by mail order) should operate an age verification policy,
but as the transaction takes place remotely the condition does not
ordinarily require photo ID to be shown at the point of delivery.
As long as age verification has taken place already via another
means, these transactions will meet the requirement of the
condition.