Guidance issued ahead of amended mandatory conditions for licensed premises

The Home Office has published guidance ahead of the introduction on 1 October of amendments to the mandatory conditions applicable to all premises licences.

The changes – introduced by the draft Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014 (“the 2014 Order”) – will “tighten the existing mandatory licensing conditions relating to irresponsible promotions, the provision of free water, the adoption and application of age verification policies and the provision of small measures at licensed premises”, it said.

The 2014 Order amends the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010, which set out the five mandatory conditions applying to all premises authorised to supply alcohol under a premises licence or club premises certificate.

On 28 May 2014, a new mandatory condition, banning the sale of alcohol below the cost of duty plus VAT, came into force. This meant there are currently six mandatory licensing conditions.

The Home Office said the amended conditions would “apply to all relevant premises licences and club premises certificates which authorise the supply of alcohol for consumption on the premises, with the exception of the age verification condition, which will also apply to licences and certificates which permit the supply of alcohol for consumption off the premises”. (Home Office emphasis)

The guidance, amongst other things, also makes clear that the condition prohibiting the dispensing of 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 a disability) will cease to be a standalone condition and will instead be a part of the condition relating to irresponsible promotions. The 2014 Order is intended to result in a total of five mandatory conditions applying, the Home Office said.

Read the guidance on John Gaunt & Partners’ website.