The mandatory conditions apply to every licence and certificate issued by the Licensing Department which authorize the sale of alcohol.
There are certain conditions which are applicable to all premises licences and club premises certificates, these are known as mandatory conditions. Although these conditions initially related only to the sale of alcohol, exhibition of films and door supervision, amendments to the Licensing Act 2003 have updated and added additional mandatory conditions.
Conditions relating to alcohol 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
- Any member or officer of a club present on the premises in a capacity which enables him to prevent the supply (of alcohol).
If you are a licensee the mandatory conditions automatically have effect and must be complied with even if they do not yet appear on your licence document. They will be automatically added as and when you next return your licence to the Licensing Authority for amendments/variations.
Breaches of any conditions will be treated as breach of your terms of the licence which is a criminal offence and on conviction would be punishable by a fine of up to £20,000 or up to six months imprisonment or both. Breach of a licence condition may also result in a review of the licence or certificate, by the Licensing Committee, which could ultimately lead to revocation of the licence or certificate.