News

June 2010

Licensing Update

New Mandatory Conditions

The Policing and Crime Act 2009 has amended The Licensing Act 2003 to introduce five new mandatory conditions that will automatically apply to all Premises Licences authorising the consumption of alcohol. These will override any pre-existing and/or similar conditions already imposed on a Premises Licence and will form part of the Licence, even if it has not been amended accordingly. The conditions are being brought into force in two stages.

The first stage

The first stage brought into force three of the new mandatory conditions on 6 April 2010. These three conditions are as follows:-

1. No “Irresponsible Promotions”

The “Responsible Person” (i.e. the Premises Licence holder, Designated Premises Supervisor (“DPS”) and any other Personal Licence holder at the premises) must take reasonable steps to ensure that staff do not carry out, arrange or participate in any irresponsible promotion encouraging the sale or supply of alcohol for consumption on the premises, which carries a significant risk of leading or contributing to crime and disorder, prejudicing public safety, causing a public nuisance and causing harm to children.

“Irresponsible promotions” include:-
• Games encouraging individuals to drink alcohol;
• Unlimited or unspecified quantities of alcohol, free or for a discounted fee;
• Free or discounted alcohol (or any other thing) as a prize to encourage drinking;
• Free or discounted alcohol in relation to the viewing of a sporting event; and
• Selling or supplying alcohol in association with promotional posters or flyers.

The Home Office has published Guidance which gives some examples of what might amount to an “irresponsible promotion” but these examples lead to further questions of interpretation and are not exhaustive. Further Guidance is also provided in the Revised Guidance issued under section 182 of the Licensing Act 2003. Even with the Guidances available, it is expected that there may be some test cases in the future on the interpretation of this new condition.

2. No alcohol to be dispensed by one person directly into the mouth of another.

This condition is self explanatory and is aimed at preventing irresponsible practices e.g. at hen/stag events.

3. Free tap water to be available on request where it is reasonably available.

The Home Office Guidance provides that such water must be suitable for drinking.

The Second Stage

The second stage will bring into force two further mandatory conditions on 1 October 2010. These conditions are:-

4. Age Verification Policy.

The Premises Licence Holder must ensure that an “Age Verification Policy” applies to the premises for to the sale or supply of alcohol. Under such a policy, all staff must be required to request a passport, a new-style driving licence, or an approved ID scheme card (e.g. PASS) from all individuals who appear to be under 18 before selling or supplying alcohol to them.

Where premises are already managed well, this new condition should not be too onerous as most such premises will already have an age verification policy in place such as “Challenge 25” or “Challenge 21” (whereby persons appearing to be either under 25 or under 21 respectively are required to produce evidence of their age to prove they are at least 18).

Currently, the offence of selling alcohol (or knowingly allowing the sale of alcohol) to children under the age of 18 is punishable by a fine not exceeding £5,000. However, if there is no age verification policy in accordance with this new mandatory condition, this offence will be punishable by a fine of up to £20,000 and/or 6 months imprisonment. Similarly, a breach of any of the mandatory conditions is an offence punishable to this level.

5. Alcoholic drinks in certain measures.

The Responsible Person must make sure that alcohol is made available to customers in the following (smaller) measures and that customers are made aware of the availability of such measures:
• Beer (including lager) or cider - ½ pint;
• Gin, rum, vodka or whisky - 25 ml or 35ml; and
• Still wine (as opposed to sparkling) in a glass - 125ml.

Alcohol made up in advance and ready for sale in a secured, closed container is excluded from these requirements.

Useful websites

1. The Department of Culture Media and Sport – Alcohol and Entertainment
http://www.culture.gov.uk/what_we_do/alcohol_and_entertainment/default.aspx

2. Revised Guidance issued under section 182 of the Licensing Act 2003 – March 2010
http://webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/reference_library/publications/6796.aspx

3. Home Office Guidance: “SELLING ALCOHOL RESPONSIBLY: The New Mandatory
Licensing Conditions”
http://www.morningadvertiser.co.uk/pdf/MandatoryLicensingConditions.pdf

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

For further information please contact: or