The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014 published

A new draft amendment Order has been published by the Government and if approved, will come into effect on 1 October 2014.

This will serve to amend the 2010 Order which banned certain drinks games and promotions; made age verification policies mandatory;  required premises to make free tap water available to customers; and introduced the requirement to make alcohol available in smaller measures.

The new Order tightens up the previous provisions.

2014 Draft Order (amendments proposed highlighted)

Schedule 1(1) "The responsible person must ensure (as opposed to shall take all reasonable steps) that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises."

Schedule 1(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging 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-

Schedule 1(2)(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective (words added);

Schedule 1(2)(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective (words added);

Schedule 1(2) The responsible person mustensure that free potable wateris provided on request to customers where it is reasonably available.

Schedule 1(3) -

(1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.(New words added)

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

(a) a holographic mark, or

(b) an ultraviolet feature.

Schedule 1(4) The responsible person must ensure that-

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml;

(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available." These new words replace the previous "customers are made aware of the availability of these measures)

In respect of Schedule 1(2)(b) above there is a saving provision in that these changes will not apply to persons taking table meals or attending a pre-booked function where the arrangement was effectively made before 30 September 2014 and the activity takes place before 5 April 2015!