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The Policing and Crime Act 2009 has amended the Licensing Act 2003 and introduced 5 new mandatory conditions to be applied to premises licences and club premises certificates.

What are the new mandatory conditions

The first three conditions automatically apply to all premises licences and club premises certificates whether new or existing from Tuesday 6 April 2010. The remaining conditions came into force on 1 October 2010. These are summarised as:

  1. No irresponsible drinks promotions to be carried out on the premises
  2. Prevention of alcohol being dispensed directly by one person into another's mouth, ie the so called 'dentist's chair'
  3. The provision of free tap water on request.
  4. Requirement to have an age verification policy
  5. Providing alcohol in small measures, eg spirits: 25 ml or 35 ml; and a glass of wine:125ml

To see see thes in datails you can download the guidance on the new mandatory conditions from the Home Office (pdf 485kb). Note that Conditions 1,2,3 and 5 do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises.

Who is responsible?

Whilst the conditions are attached to the premises licence, they will place an obligation on the following people:

  • The premises licence holder
  • The designated premises supervisor
  • Any person aged 18 or over authorised to make sales of alcohol at a premises

I already have a licence, will I be affected?

Yes. Conditions are treated as if they are included in existing licences and certificates on the date that they come into force.

Note that these are enforceable even if they do not appear on an individual premises licence or certificate.

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