5.1 Conditions include any limitations or restrictions attached to a licence and are the steps or actions the holder of the licence must comply with at all times when licensable activities are taking place at the premises. They are important in setting the parameters within which premises can lawfully operate. The use of wording such as “must”, “shall” and “will” is encouraged.

5.2 There are three types of conditions that may be attached to a licence: proposed, imposed and mandatory. Failure to comply with any conditions attached to a licence is a criminal offence.

5.3 The general principles that apply to all conditions is that they:

• must be appropriate for the promotion of the licensing objectives
• must be precise and enforceable
• must be unambiguous and clear in what they intend to achieve
• should not duplicate other statutory requirements or other duties or responsibilities placed on the employer by other legislation
• must be tailored to the individual type, location and characteristics of the premises and events concerned
• should not be standardised and may be unlawful when it cannot be demonstrated that they are appropriate for the promotion of the licensing objectives in an individual case
• should not replicate offences set out in the 2003 Act or other legislation
• should be proportionate, justifiable and be capable of being met
• cannot seek to manage the behaviour of customers once they are beyond the direct management of the licence holder and their staff, but may impact on the behaviour of customers in the immediate vicinity of the premises or as they enter or leave; and
• should be written in a prescriptive format

Proposed conditions

5.4 Proposed conditions are the steps that an applicant, after conducting a risk assessment, has identified as being necessary to promote the licensing objectives and has set down in the operating schedule. This includes the opening hours of the premises.

5.5 The Council recommends that applicants consult with responsible authorities when operating schedules are being prepared. Applicants may also wish to have regard to the Council’s pool of model conditions, a copy of which is available on the Council’s website or a copy can be provided on request to the Licensing Partnership. Applicants should remember that proposed conditions should suit the specific needs of the individual premises and may include conditions not listed in the Council’s pool of model conditions.

5.6 Where no relevant representations have been made to an application the Council is required to grant the application subject only to such conditions that are consistent with the operating schedule, together with any mandatory conditions required by the Act itself. The phrase ‘consistent with the operating schedule’ does not mean that the Council will simply replicate the wording set out in an applicant’s operating schedule. However, to meet the ‘consistency’ test the effect of the condition should be substantially the same as that intended by the terms of the operating schedule.

Imposed conditions

5.7 The Council can only impose conditions on a licence when its discretion has been engaged following the receipt of relevant representation and it is satisfied at a hearing of the necessity of applying the condition. The Council’s primary consideration in imposing conditions will be the promotion of the licensing objectives.

5.8 In imposing conditions, the Council will focus on the direct impact of the activities taking place at the premises on members of the public living, working or engaged in normal activity in the area concerned, and of businesses. Conditions will only relate to matters that the licensee and others granted relevant authorisation, can be expected to control and these are likely to relate to the premises and places themselves and the vicinity of those premises and places.

5.9 The Council will have regard to the individual style and characteristics of the premises and events concerned when attaching conditions to a licence, as this is essential to avoid the imposition of disproportionate and overly burdensome conditions on premises where there is no need for such conditions.

5.10 Where relevant representations are made it is not the intent of the Council to impose blanket standard conditions. The Council will formulate conditions appropriate to particular circumstances and will have regard to any pool of conditions prepared by the responsible authorities, from which necessary and proportionate conditions may be drawn.

5.11 The Council will give considerable weight to representations about child protection matters. Such representations may include, amongst other things, concerns of child sexual exploitation and the use of health data about the harm that alcohol can cause to underage drinkers. Representations linking specific premises with harms to children (such as allegations of child sexual exploitation, ambulance data or emergency department attendances by persons under 18 years old with alcohol- related illnesses or injuries) will be taken into account by the Council. In relation to applications for the grant of a licence in areas where evidence is presented on high levels of alcohol-related harms to persons aged under 18, the Council will consider what conditions may be appropriate to ensure that this objective is promoted effectively.

5.12 Where regulated entertainment is provided specifically for children the Council will, subject to relevant representations being made, impose conditions concerning the presence of adult staff to control the access and egress of children and to protect them from harm. Conditions will usually be made as follows:

• an adult Member of staff shall be stationed in the vicinity of each of the exits from any level, subject to there being a minimum of one member of staff per 50 children or part thereof
• no child (unless accompanied by an adult) shall be permitted in the front row of any balcony; and
• no standing shall be permitted in any part of the auditorium during the performance

5.13 Where children are the providers of the regulated entertainment (e.g. actors or entertainers) the Council will, subject to relevant representations being made, impose a condition for a nominated adult responsible for such child performers to be in attendance.

Mandatory conditions

Designated Premises Supervisor and authorisation of supply of alcohol by a Personal Licence holder

5.14 Where a licence (not a club premises certificate) authorises the supply of alcohol, no supply may be made at a time when no designated premises supervisor has been specified in the licence; or at a time when the designated premises supervisor does not hold a personal licence or his or her licence has been suspended. Furthermore, every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

5.15 The main purpose of the ‘designated premises supervisor’ is to be the specified individual who will have been given day to day responsibility for running the premises by the premises licence holder. This does not require a designated premises supervisor or any other personal licence holder to be present on the premises at all times when alcohol is sold. However, the designated premises supervisor and the premises licence holder remain responsible for the premises at all times.

5.16 “Authorisation” does not imply direct supervision by a personal licence holder of each sale of alcohol. The Council will have regard to the following factors when considering whether or not an authorisation has been given:

• the person(s) authorised to sell alcohol at any particular premises should be clearly identified
• the authorisation should have specified the acts which may be carried out by the person who is authorised to supply alcohol
• there should be an overt act of authorisation, for example, a specific written statement given to the individual who is authorised to supply alcohol; and
• there should be in place sensible arrangements for the personal licence holder to monitor the activity that they have authorised on a reasonably regular basis

5.17 The Council strongly recommends that personal licence holders give specific written authorisations to individuals whom they are authorising to retail alcohol. A single written authorisation would be sufficient to cover multiple sales over an unlimited period.

Door supervisors

5.18 Where a licence includes a condition, either proposed or imposed, that at specified times one or more individuals must, under section 21 of the Act, be at the premises to carry out a security activity, the licence must contain a condition that each such individual must be licensed by the Security Industry Authority (SIA) under the Private Security Industry Act 2001 Act, or be entitled to carry out that activity by virtue of section 4 of the 2001 Act.

Exhibition of films

5.19 Where a licence authorises the exhibition of films, the admission of children (i.e. persons under 18 years of age), to the exhibition of any film shall be restricted in accordance with any recommendation made by the British Board of Film Classification (BBFC) or by Bexley Council.

Irresponsible promotions and drinking games

5.20 Where a licence authorises the supply of alcohol for consumption on the premises the responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. Irresponsible promotion means any 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:

• games or other activities which require or encourage, or are designed to require or encourage, individuals to:
  - drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
  - drink as much alcohol as possible (whether within a time limit or otherwise)
• 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
• selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner
• dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability)

Free potable water

5.21 Where a premises licence authorises the supply of alcohol for consumption on the premises the responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

Alcoholic measures

5.22 Where a premises licence authorises the supply of alcohol for consumption on the premises 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 are displayed in a menu, price list or other printed material which is available to customers on the premises; and
• where a customer does not, in relation to a sale of alcohol, specify the quantity of alcohol to be sold, the customer is made aware that the measures identified above are available

Age verification

5.23 Where a premises licence authorises the supply of alcohol: The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

• 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
  - an ultraviolet feature.

5.24 The Council would encourage an age verification policy which requires individuals who appear to the responsible person to be under an age of 25 to produce such identification on request.

5.25 The Council reminds licence holders that they need to consider carefully what steps they are required to take to comply with the age verification requirements in relation to sales of alcohol made remotely. These include sales made online, by telephone and mail order sales, and alcohol delivery services.

Banning the sale of alcohol below the cost of duty plus VAT

5.26 Where a premises licence authorises the supply of alcohol 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 this 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 +(DxV)

Adding, amending or removing a condition

5.27 A licence holder can apply to vary a licence so as to add, amend or remove any ‘proposed’ or ‘imposed’ condition. The type of variation application required, that is full or minor, would depend on the nature of the application sought. There is no ability for a licence holder or club premises certificate holder to amend or remove a mandatory condition.

Censorship

5.28 In general, other than in the context of film classification for film exhibitions, The Council will not use its powers under the Act to seek to impose conditions which censor the content of any play or other form of regulated entertainment. However, where a concern about protecting children is made, this may be addressed via a condition restricting their access.