Amended guidance issued under section 182 of the Licensing Act ...

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Age verification10.65 The premises licence holder or club premises certificate holder must ensure that anage verification policy applies to the premises in relation to the sale or supply of alcohol.This must as a minimum require individuals who appear to the responsible person (seeparagraph 10.57) to be under the age of 18 years of age to produce on request, beforebeing served alcohol, identification bearing their photograph, date of birth, anda holographic mark.10.66 It is acceptable, and indeed encouraged, for premises to have an age verification policywhich requires individuals who appear to the responsible person to be under an age greaterthan 18 to produce such identification on request. For example, if premises have a policythat requires any individual that appears to be under the age of 21 to produce identificationthat meets the criteria listed above, this is perfectly acceptable under the mandatory code.10.67 Licence holders should consider carefully what steps they are required to take to complywith the age verification requirements under the 2003 Act in relation to sales of alcoholmade remotely. These include sales made online, by telephone and mail order sales, andalcohol delivery services. Each of these sales must comply with the requirements of the2003 Act. The mandatory condition requires that age verification takes place before aperson is served alcohol. Where alcohol is sold remotely (for example, online) or through atelephone transaction, the sale is made at this point but the alcohol is not actually serveduntil it is delivered to the customer. Age verification measures (for example, online ageverification) should be used to ensure that alcohol is not sold to any person under the ageof 18. However, licence holders should also consider carefully what steps are appropriateto ensure that age verification takes place before the alcohol is served (i.e. physicallydelivered) to the customer to be satisfied that the customer is aged 18 or over. It is,therefore, the responsibility of the person serving or delivering the alcohol to ensure thatage verification has taken place and that photo ID has been checked if the person appearsto be less than 18 years of age.10.68 The premises licence holder or club premises certificate holder must ensure that staff (inparticular staff who are involved in the supply of alcohol) are made aware of the existenceand content of the age verification policy applied by the premises.Smaller Measures10.69 The responsible person (see paragraph 10.57) shall ensure that the following drinks, if soldor supplied on the premises, are available in the following measures:• Beer or cider: 1/2 pint• Gin, rum, vodka or whisky: 25ml or 35ml• Still wine in a glass: 125mlAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200387
10.70 As well as making the drinks available in the above measures, the responsible person mustalso make customers aware of the availability of these measures – for example, by makingtheir availability clear on menus and price lists, and ensuring that these are displayed in aprominent, conspicuous place in the relevant premises (for example, at the bar).10.71 This condition does not apply if the drinks in question are sold or supplied having beenmade up in advance ready for sale or supply in a securely closed container. For example, ifbeer is only available in pre-sealed bottles the requirement to make it available in 1/2 pintsdoes not apply.10.72 The premises licence holder or club premises certificate holder must ensure that staff aremade aware of the application of this condition.Exhibition of films10.73 The 2003 Act provides that where a premises licence or club premises certificateauthorises the exhibition of a film, it must include a condition requiring the admissionof children to films to be restricted in accordance with recommendations given either bya body designated under section 4 of the Video Recordings Act 1984 specified in thelicence (currently only the British Board of Film Classification – BBFC) or by the licensingauthority itself.10.74 The BBFC classifies films in accordance with its published Guidelines which are basedon extensive research into public opinion and professional advice. The classificationsrecommended by the Board should be those normally applied unless there are very goodlocal reasons for a licensing authority to adopt this role. Licensing authorities should notethat the provisions of the 2003 Act enable them to specify the Board in the licence orcertificate and, in relation to individual films, to notify the holder or club that it will make arecommendation for that particular film.10.75 The effect of paragraph 5 of Schedule 1 to the Act is to exempt adverts from the definitionof regulated entertainment, but not to exempt them from the definition of exhibition of afilm. Since the above mandatory condition applies to ‘any film’ it is therefore applicable tothe exhibition of adverts.Door supervision10.76 Under section 21 of the 2003 Act, when a condition is included in a premises licence thatat specified times an individual must be present at the premises to carry out a securityactivity (as defined in section 21(3)(a) by reference to the Private Security Industry Act2001 (“the 2001 Act”)), the licence must include a condition requiring that individual to belicensed by the Security Industry Authority (“the SIA”) under the 2001 Act, or be entitled tocarry out that activity by virtue of section 4 of the 2001 Act.10.77 A premises licence need not require a person to hold a licence granted by the SIA if thatperson benefits from an exemption under section 4 of the 2001 Act. For example, certain88 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
Page 7:
LICENSING POLICIES1.11 Section 5 of
Page 11 and 12:
2.10 A condition must also be capab
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• Ensuring appropriate and freque
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SAFE CAPACITIES2.28 “Safe capacit
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2.38 Measures to control light poll
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2.49 The 2003 Act provides that, wh
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alcohol to its customer, an authori
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--have given an objection notice be
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4.26 Only one DPS may be specified
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y the licence, it would be necessar
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to the statutory conditions in resp
Page 36 and 37:
VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87: alcohol included in it or not targe
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96: 11.22 For example, licensing author
Page 97 and 98: • for unlawful gambling; and• f
Page 99 and 100: LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102: 13. Statements of licensing policy1
Page 103 and 104: 13.12 Statements of policies should
Page 105 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110: • Police enforcement of the gener
Page 111 and 112: the 2003 Act and any licence or cer
Page 113 and 114: PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116: 14. Suspension for non-payment of f
Page 117 and 118: 15. Live music and regulated entert
Page 119 and 120: audience and are provided to, at le
Page 121 and 122: SPONTANEOUS MUSIC, SINGING AND DANC
Page 123: Published by TSO (The Stationery Of
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Amended guidance issued under section 182 of the Licensing Act ...

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