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New guidance released on Mandatory Licensing Conditions

Napthens - September 12th 2014

The Government has released guidance in advance of the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014 coming into force on 1 October 2014.

This Order amends the current five mandatory licensing conditions that originally came into force in 2010.

The guidance provides advice on the proposed mandatory conditions and is split into four sections:

  • Irresponsible promotions
  • Potable water (drinking water)
  • Age verification
  • Small measures

The previous separate condition of preventing alcohol to be dispensed directly into the mouth of another will be included in the condition dealing with irresponsible promotions.

Whilst the proposed mandatory conditions are still in draft format, one of the proposed changes requires information detailing the smaller measures to be available to customers in a written format. Currently, details regarding smaller measures just have to be “available” to customers. Obviously, this requires more from the operator and could prove to be onerous for smaller operators that don’t have written menus.

The conditions will apply to premises which authorise the supply of alcohol for consumption on the premises, with the exception of the age verification condition which will also apply to premises that provide off sales as well.