Mandatory conditions

New Mandatory Conditions

Three new mandatory conditions were added to Premises Licences and Club Premises Certificates in April 2010 with a further two conditions added on 1st October 2010. Unfortunately, these conditions have not been very well drafted which makes interpretation extremely difficult. Ultimately it will be for the Courts to decide as different Enforcement Authorities will be sure to interpret these in different ways.

The first three conditions, together with the fifth identify the "responsible person" as being the person who will ensure that the conditions are adhered to within the licensed premises. This may be the holder of the Premises Licence, the Designated Premises Supervisor or anybody over the age of 18 who has been authorised for the purposes of either the sale or the supply of alcohol. In relation to a private members club it may be a member of the Alcohol Committee or a specific Officer of the club such as the Treasurer or President. The fourth condition clearly identifies the Premises Licence Holder or Club Premises Certificate Holder as being responsible for its implementation.

Condition 1: No irresponsible drinks promotions to be carried out on the premises;
An irresponsible drink promotion is considered to be one that encourages the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance or harm to children.


Condition 2: No alcohol shall be dispensed directly by one person into the mouth of another (other than where the other person is unable to drink without assistance by reason of disability);
This condition is directed at the so called "dentist chair" practice of dispensing alcohol directly from the bottle into the customers mouth in some licensed premises. It seems that a landlord may permit the use of a yard of ale but must ensure that it is only held by the customer.


Condition 3: Free tap water must be provided on request to customers where it is reasonably available in the premises.
In our view a licensee can still refuse to serve somebody who comes into his premises and simply wants free tap water. On the other hand, he should provide it to a proper customer.


Condition 4: The Premises Licence Holder or Club Premises Certificate Holder is identified as having a responsibility to ensure that an age verification policy applies to the premises in relation to the sale and supply of alcohol.
The policy must indicate that where the responsible person believes that the individual appears to be under the age of 18 years of age (or such other older age as may be specified in the policy; challenge 21, challenge 25) such individuals should produce on request, before being served alcohol, a photographic identification bearing their date of birth and a holographic mark.

There are particular problems with remote off sales. There are obviously specialist off licence premises. Similarly, people buy wine from supermarkets. A customer may order a significant amount of food items and ask for a couple of bottles of wine to be included in their delivery. On the face of the condition, they would have to prove their age when placing the order. In fact the order may be taken over the telephone. It may well be delivered to an under 18 year old. There is no opportunity for the supermarket to see any proof of age.

Condition 5: A requirement to have specific volumetric measures for alcohol available to customers, in particular:

1. Beer or cider in half pint measures;
2. Gin, rum, vodka or whisky in either 25ml or 35ml measures; and
3. Still wine in a glass in measures of 125mls.

There is also a requirement that the responsible person makes the customer aware of the availability of these measures.

From 1st October 2011 new Weights & Measures legislation allowed the sale of wine in measures under 75ml, and beer and cider in 'schooners' of 2/3 pints. If you choose to use such measures you must still ensure you make still wine in the glass available in 125mls and beer in ½ pints. For more information on weights & measures legislation please click here .