The Policing & Crime Act 2009 - The New Mandatory ConditionsLast updated: 22 April 2010 15:02 UK
The Licensing Act 2003 has been amended by statutory order to provide for the imposition of further mandatory conditions for those premises authorising the sale or supply of alcohol on the premises. Five new conditions have now been prescribed under the 2010 Order.
From 6 April 2010 the following conditions will now apply to your current authorisation:
1. Irresponsible drink promotions
Responsible persons shall take all 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
· causing harm to children
(The above are the statutory licensing objectives).
The types of activities that might lead to a breach of the licensing objectives are:
· games encouraging individuals to drink alcohol either within a time limit or to drink as much as possible
· the provision of unlimited quantities of alcohol either free or at fixed/discounted prices to the public or to a group (with an exemption for alcohol consumed at a table meal)
· provision of free/discounted alcohol as a prize to “reward” the purchase of alcohol over a period of 24 hours or less
· provision of free/discounted alcohol in relation to the viewing of a sporting event where the provision is dependent on the outcome of a race, competition etc
· alcohol sales associated with promotional posters/flyers, which condone antisocial behaviour or drunkenness
2. Dispensing of alcohol direct by one person into the mouth of another
(Note: There is an exemption for persons being unable to drink without assistance by reason of disability).
3. Provision of free tap water on request
(Note: Where reasonably available).
From 1 October 2010 the following further mandatory conditions will also apply:
4. Age verification policy
Any person who appears to be under 18 must produce, on request (and before being served alcohol) identification bearing their photo, date of birth and a holographic mark.
(Note: This condition will apply also to those premises which permit the sale or supply of alcohol for consumption off the premises.)
5. Alcoholic drinks in certain measures
Responsible persons must ensure that customers are made aware of the availability of alcoholic drinks in other prescribed measures as shown:
· beer or cider; half pint
· gin, rum, vodka or whisky; 25ml or 35ml
· still wine in a glass; 125ml
Please note that the above is a summary only of the main provisions relating to the new mandatory conditions and should be read in conjunction with the Licensing Act 2003 and the current statutory guidance issued by the Secretary of State under Section 182 of the Act. In addition, the Home Office has published non-statutory guidance which is available below.
What should you do?
Please advise all staff of the new conditions and ensure that adequate training and support is given. This is particularly important as conditions (1 – 3) above now form part of your existing authorisation and will also override any pre-existing and/or similar conditions imposed on either your premises licence or club premises certificate.
You may also wish to take your own legal advice. Licensees should be aware that a breach of conditions attached to either a premises licence or club premises certificate could have serious consequences on your authorisation and possibly lead to either proceedings being commenced against you or a review of your authorisation.
Further information about these changes can be obtained from both the Department for Culture, Media, and Sport and the Home Office using the links below:
What will we do?
We will not amend your current authorisation until we receive future formal application to transfer, vary, or change of DPS etc. We will then arrange for the new mandatory conditions (subject to implementation date) to be incorporated within your authorisation.
The Policing & Crime Act 2009 has also introduced a series of other measures which may affect your business. These are summarised below:
Section 27 – Additional licensing requirements for lap dancing and other sexual entertainment venues.
This will bring the licensing of lap dancing and pole dancing clubs and other similar venues under the regime currently used to regulate establishments such as sex shops and sex cinemas.
The legislative changes came into force on 6 April 2009 but they are not mandatory and will only apply where they are adopted by local authorities. PCC will be considering whether or not to adopt such provisions in the near future and will engage with existing operators at the earliest opportunity.
Guidance in relation to this amendment can be found on our website under sex establishment licences.
Section 28 – selling alcohol to children
The offence of persistently selling alcohol to an individual under the age of 18 is now committed if alcohol is sold on two or more occasions within three months rather than three occasions within three months, as previously stipulated.
Section 29 – confiscating alcohol from young persons
This amends the previous Act so that police officers can confiscate sealed containers of alcohol from young persons in public places without needing to prove they were consuming alcohol or that they intended to consume alcohol in a public place.
Section 30 – new offence for under 18s persistently possessing alcohol in a public place
This introduces a new offence of persistently possessing alcohol in a public place. Young people under 18 can be prosecuted for this offence if they are caught with alcohol in a public place three or more times within a 12 month period.
Section 31 – extending directions to leave to those aged 10 or over
This amends the previous Act so that police can issue Directions to Leave under this section to persons aged between 10 and 15 as well as to those aged 16 and over.
Section 33 – individual members of licensing authorities to be interested parties
Individual councillors can now make representations (as interested parties) against applications and/or request a review of either a licence or a club premises certificate.