Posted: Tuesday, 28 September 2010 @ 11:35
Back in March I blogged on the 5 new mandatory licence conditions attached to every Premises Licence and Club Premises Certificate. To remind you the first 3 came into force on 6 April 2010, and the remainder come into force this Friday 1 October 2010. All apply even if not endorsed on the paper document.
The first 3 were the the ban on irresponsible promotions, the ban on the so-called "dentists' chair" supply of alcohol, and the requirement to have free tap water available to customers.
So the final 2 coming into force on Friday are:
1. that the Premises Licence holder or Club Premises Certificate holder must ensure that an age verification policy applies to the premises covering the supply of alcohol. The policy must require that individuals who appear to the "responsible person" to be under 18(or any older age specified in the policy) produce on request indentification bearing their photograph, date of birth, and a holographic mark. A "responsible person" means the Premises Licence holder, the DPS, or anyone authorised by them to sell alcohol. For a club with a Club Premises Certificate it is the person on the premises with the capacity to supply or prevent the supply of alcohol.
2. the requirement that small measures are available, namely 1/2 pints for beer or cider, 25ml or 35ml for gin, rum, vodka or whisky, and 125ml for still wine, and that customere are made aware of the availability of these measures. Again the responsibility falls on the "responsible person", described above.
It is vital that everyone with a Premises Licence of Club Premises Certificate takes urgent action to make sure that they comply with these conditions by 1 October. Failure to do so will mean an offence punishable by a fine of up to £20,000 and /or 6 months imprisonment. And this could be followed with a Review of your licence.
You will need to have a written policy complying with the age verification condition and any additional requirement e.g "Challenge 25" already a condition on the Premises Licence or Club Premises Certificate. And you will have to have appropriate small measures for the alcohol and appropriate signage and menus. This could be a huge cost for all restaurants and anyone else who may need to reprint all of their wine and drinks menus.
Nigel Musgrove
Licensing Law Specialist
01285 847001
For free advice on this topic please call us on 0845 003 5639.
This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a
free telephone consultation to discuss your particular circumstances.