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Changes to Licensing Act

Selling alcohol responsibly: the new mandatory licensing conditions.

The Government plays an important role in ensuring people can make informed choices about the amount they drink; that the police and local authorities have appropriate powers to deal with those individuals who cause trouble, and in ensuring that those who sell alcohol do so responsibly.

The document (Mandatory Licensing Conditions, below) explains what the five new mandatory licensing conditions cover and the types of promotions and practices that are either prevented (such as irresponsible promotions) or expected to be implemented in all premises (such as age verification policies).

These new, mandatory conditions apply to all licensed premises and those with a club premises certificate in England and Wales, so this document will be of interest to those responsible for enforcing the law around licensing, as well as those selling or supplying alcohol.

The purpose of these mandatory conditions is to establish a set of minimum standards in the way that alcohol is sold. It creates a level playing field for those minority of premises who have felt compelled to compete with others by running irresponsible alcohol promotions, such as "all you can drink for £10".

As such, these conditions support those premises that trade responsibly and target those who do not.

Summary of New Conditions

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 sets out the five new conditions that will apply to all licensed premises and those with a club premises certificate.

From 6th April 2010, these conditions will:

  • Ban irresponsible promotions;
  • Ban the dispensing of alcohol directly into the mouth; and
  • Ensure that customers have access to free tap water so that they can space out their drinks and not get too intoxicated too quickly.

From 1st October 2010, these conditions will also:

  • 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.

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