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New Mandatory Conditions for Personal License Qualifications as of October 2010

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The new mandatory conditions coming into Force 1 October 2010 are:

Age Verification Policy with Specified ID.

Small measures of alcohol to be available and customers to be made aware of availability.

These conditions should be considered by all operators of licensed premises to determine how their business may be affected going forward.

Age Verification Policy

A Premises Licence Holder and any other Personal Licence Holder must ensure that there is an age verification policy which requires the ‘responsible person' to request identification bearing their photograph, date of birth and a holographic mark from individuals who appear to be under 18 (or such older age as is specified in the policy) before serving them alcohol.

In practice, this will mean that all staff must be required to request a passport, a new-style driving licence, or an approved ID scheme card (e.g. PASS) from all individuals who appear to be under 18. If you operate Challenge 21 or Challenge 25, all staff must be trained to request this form of ID from persons under those ages.

Currently, the offence of selling alcohol (or knowingly allowing the sale of alcohol) to children is punishable by a fine not exceeding £5,000. However, going forward, if there is no age verification policy in accordance with the Mandatory Condition; this itself will be an offence punishable by a fine of up to £20,000 and/ or 6 months imprisonment (i.e. the offence applicable for selling alcohol otherwise than in accordance with an authorisation). It is therefore crucial that your age verification policy is put in place and carefully documented as a matter of urgency.

The condition requiring an age verification policy, as set out above; will apply to off-licences as well as on-licences.

 

Availability of Minimum Measures and Customer Awareness

The Premises Licence holder, DPS and any other personal licence holder must make sure that alcohol is made available to customers in the following measures:

• Beer or cider, ½ pint;

• Gin, rum, vodka or whisky, 25 mil or 35ml; and

• Still wine in a glass, 125ml.

In relation to spirits, there is no requirement to have both 25 ml and 35ml measures available: there is still a choice as to whether you use 25ml or 35ml as your standard measure. Also, the new mandatory condition does not prevent you also making larger measures available. However, it is clear that from 1 October you will not be able to insist that customers only, for example, buy ‘doubles', pints or ‘large' glasses of wine.

There is no requirement on licensed premises to buy new glassware to comply with this condition, although an approved measure will be required. Clearly, if you do not already have the smallest approved measures, there will be a cost involved in purchasing these.

Perhaps the most easily overlooked aspect of this new mandatory condition is that you must also ensure that customers are made aware of the availability of the minimum measures.

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