Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014The draft amendment order, the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014, has been published that will bring into effect amendments to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

 

Readers will know that the 2010 order introduced a number of mandatory licence conditions, applicable to premises licences and club certificates, that:

  1. banned certain drinks games and promotions;  
  2. required premises to make free tap water available to customers;
  3. made age verification policies mandatory; and
  4. introduced the requirement to make alcohol available in smaller measures.

 

The 2014 order has made a number of amendments to the 2010 order, the most significant of these being:

 

2014 Order

2010 Order

Schedule 1(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.” 

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.

 

Schedule 1(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 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–

 

Schedule 1(2)(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;

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);

 

Schedule 1(2)(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;

 

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;

 

Schedule 1(2)(d) – Completely removed in 2014 order, i.e.:

 

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;

 

Schedule 1(2) The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

Schedule 1(3)(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 licence 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.

 

(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

Schedule 1(4)  The responsible person must 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;

 

(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.”

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.