Peyto Law

01252 617119

Planning Law Solicitors

New licensing conditions come into force

October 1st, 2010 by Louise Humphreys

Posted In: Licensing

Tags: licensing, measures, age verification, DPS, premises licence holder

Two new conditions will appear on every licence from today (1 October 2010). Government guidance on the conditions is still awaited; whether it will ever be forthcoming is debatable given the recent consultation on further changes to the licensing system.

The new conditions are worth repeating in full:-

The first relates to the requirement for age verification policies:

(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.

This condition specifically relates to the premises licence holder or club premises certificate holder and does not therefore apply directly to the DPS or any other member of staff at the premises. It clearly applies to both "on" and "off" sales. The extent to which it applies to remote sales is another matter; if it does then this would make remote sales all but impossible.

The second relates to the requirement to have certain alcoholic drinks available for sale in smaller measures.

The responsible person shall ensure that:-

(a) Where any of the following alcoholic drinks is sold or supplied for sale or 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:-

  1. Beer or cider - ½ pint;
  2. Gin, rum, vodka or whisky - 25ml or 35ml; and
  3. Still wine in a glass - 125ml

(b) Customers are made aware of the availability of these measures.

It is up to the responsible person how they make people aware, one way would be by way of a notice. However, you must be prepared to serve in these measures.