The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 has introduced 5 new conditions that will apply to licensed premises and those with a club premises certificate, beyond the previously existing Mandatory Conditions relating to alcohol sale sand the showing of films.

From 6 April 2010 the additional conditions ban irresponsible promotions, ban the dispensing of alcohol directly into the mouth and ensure that customers have access to free tap water. From 1 October 2010 conditions also apply which require an age verification policy to be in place to prevent underage sales and ensure that customers have the opportunity to choose small measures of beers, ciders, spirits and wine.

It should be noted 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.

The 5 new mandatory conditions can be viewed in the document below:

New Mandatory Conditions (19kB PDF)

Each mandatory condition will take precedence over any existing licensing conditions to the extent that the mandatory conditions are identical or inconsistent and more onerous. For example, if a Premises Licence has a ?Challenge 21 or 25? condition then the mandatory requirement to provide proof of age for persons that appear to be under 18 will not be applied and the ?Challenge 21 or 25? condition will remain.

Conditions 1-3 and 5 do not apply to those premises which permit the supply of alcohol only for consumption off the premises. However condition 4, requiring an age verification policy to be adopted, will apply in addition to licences and certificates which permit the supply of alcohol only for consumption off the premises.

Conditions 1-3 came into force on 6 April 2010, whilst 4 and 5 came in to take effect from 1 October 2010.

Guidance issued under Section 182 of the Licensing Act 2003 states that the new Mandatory Conditions are treated as if they are included in existing licences and certificates on the date that they come into force.

Any subsequent amendments applied for by relevant licence holders will be carried out as normal by officers, and the Premises Licence / Club Premises Certificate amended to show the new Mandatory Conditions correctly on Annex A of the Premises Licence / Club Premises Certificate.

Further guidance relating to these Mandatory Conditions can be downloaded below:

New Mandatory Conditions Guidance (22kB PDF)