Mandatory conditions

Mandatory conditions are those that are automatically placed on all premises licences or club premises certificates, where applicable. These conditions cannot be removed.

Since the Licensing Act came into force in 2005 these conditions have been added to and amendments made to make them more effective. The mandatory conditions are relevant to all premises licences and club premises certificates and place an obligation on the following people:

• The premises licence holder
• The designated premises supervisor
• Any person aged 18 or over authorised to make sales of alcohol at a premises

For a breakdown of the conditions see:

• Mandatory conditions placed on all premises licences
• Mandatory conditions placed on all club premises certificates

See also:

• Premises and Personal Licences
• Club Premises Certificate
• Changes to the Licensing Act 2003

The mandatory conditions placed on all premises licences by the act are:

Supply of alcohol:

• No supply of alcohol may be made under the premises licence:
  • at a time when there is no designated premises supervisor in respect of the premises licence, or
  • at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
• Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

Door supervision:

• Where employed each such individual must be licensed by the Security Industry Authority.

Irresponsible Promotion:

• The responsible person must ensure that the staff do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. An irresponsible promotion is 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:
  • 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 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.

Free drinking water (potable water):

• Free potable water must be provided on request to customers where it is reasonably available on the premises.

Age verification:

• An age verification policy for the premises must be produced, implemented and details made available to authorised officers upon request. 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.
• 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 holographic mark, or
  • an ultraviolet feature

Small alcohol measures:

• The responsible person must ensure that 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:
  • beer or cider: ½ pint
  • gin, rum, vodka or whisky: 25 ml or 35 ml, and
  • still wine in a glass: 125 ml
• These measures must be displayed in a menu, price list or other printed material which is available to customers on the premises. Customers must be made aware that these measures are available.

Permitted price:

• 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. For the purposes of the condition 'duty' is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
• 'permitted price' is the price found by applying the formula: P = D + (D x V) where:
  • P = the permitted price
  • D = the rate 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
  • V = 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
• 'Relevant person' means, in relation to premises in respect of which there is in force a premises licence:
  • The holder of the premises licence
  • The designated premises supervisor (if any) in respect of such a licence, or
  • The personal licence holder who makes or authorises a supply of alcohol under such a licence

Exhibition of films:

• No film shall be exhibited unless it has received a 'U', 'PG', '12A', '15' or '18' certificate from the British Board of Film Censors, the British Board of Film Classification (BBFC) or has been approved, in writing, by the licensing authority.
• Where a programme includes a film in an age limited category, no person appearing to be under that age 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) CANNNOT 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 that the prior written consent of the person’s parents or legal guardian has first been obtained.
• See also: Cinema and theatre licensing

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The mandatory conditions placed on all club premises certificates are:

The certificate is granted subject to the conditions and undertakings included in the club rules.

The supply of alcohol:

• The supply of alcohol 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.
• Alcohol supplied for consumption off the premises must be in a sealed container.
• Any supply of alcohol for consumption off the premises must be made to a member of the club in person.

Exhibition of films:

• If the exhibition of films is included in the provision of regulated entertainment then Section 74 requires the admission of children to exhibitions to be restricted in accordance with film classification recommendations. These recommendations can be those of the 'film classification body' the British Board of Film Classification (BBFC), or of the licensing authority itself.
• See also: Cinema and theatre licensing

Irresponsible promotions:

• The responsible person must ensure that staff do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
• An irresponsible promotion is 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:
  • 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 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.

Free drinking water (potable water):

• Free potable water must be provided on request to customers where it is reasonably available on the premises.

Age verification:

• An age verification policy for the premises must be produced, implemented and details made available to authorised officers upon request.
• 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 holographic mark, or
  • an ultraviolet feature

Small alcohol measures:

• The responsible person must ensure that 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:
  • beer or cider: ½ pint
  • gin, rum, vodka or whisky: 25 ml or 35 ml, and
  • still wine in a glass: 125 ml
• These measures must be displayed in a menu, price list or other printed material which is available to customers on the premises. Customers must be made aware that these measures are available.

Permitted price:

• 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. For the purposes of the condition 'duty' is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
• 'permitted price' is the price found by applying the formula: P = D + (D x V) where:
  • P = the permitted price
  • D = the rate 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
  • V = 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
• '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
• 'valued added tax' means: value added tax charged in accordance with the Value Added Tax Act 1994(7).

Off Licences

• If the licensed premise is an 'off-licence' selling alcohol for consumption off the licensed premise only then only the conditions regarding the requirement of a designated premises supervisor, an age verification policy and a permitted price will normally apply.

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