Making Representations to an application for the Provisional grant, grant, variation or review of a premises licence or club premises certificate.

Who can make representations to an application?

Under the Licensing Act 2003 only 'Responsible Authorities' and 'Other Persons' are able to make representations to an application.

Who are 'Responsible Authorities'?

Responsible authorities are:

• The Metropolitan Police
• The London Fire and Emergency Planning Authority
• The Council’s Planning Service
• The Council’s Environmental Health Officer (responsible for noise & pollution control)
• The authority responsible for enforcing the Health & Safety at Work etc Act 1974
• The Council’s Trading Standards Department (responsible for weights & measures)
• The Council’s Trading Standards Department (responsible for the protection of children from harm)
• The Licensing Authority
• The Health Authority
• The Home Office

Who are 'Other Persons'?

An 'Other Person' is:

• an individual
• the representative of a group of individuals, such as a residents association*
• a body or business
• the representative of a group business, such as a trade association* and
• a Local Councillor

A person involved in business includes partnerships etc and is not necessarily confined to those engaged in trade and commerce. It could, for example, include charities, churches and medical practices.

* If you are making representations on behalf of group of individuals or businesses, you should also submit evidence that the representations reflect the view of the members of the body. This may be achieved by having available a copy of the minutes of the meeting of the body where it's members decided to make representations to the application. Please be aware that should your representations be challenged, and you do not have this information available, there is a risk that your representations will not carry the maximum weight, or in certain circumstances not taken into account.

What can 'Responsible Authorities' and 'Other Persons' make representations about?

Only representations that relate to at least one of the four licensing objectives can be considered. The licensing objectives are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

Representations should clearly set out the likely effects the grant of the licence would have on the promotion of at least one of the licensing objectives.
In the case of an application for the review of an existing licence, representations should clearly set out the likely effects the continued operation of the premises under the licence would have on the promotion of at least one of the licensing objectives.

The Council must disregard representations that are considered to be frivolous, vexatious or repetitious.

What are frivolous, vexatious or repetitious representations?

As a general rule frivolous representations will be categorised by a lack of seriousness. This does not mean that a trivial complaint would always be considered frivolous, but it would have to relate to one of the licensing objectives in order to be relevant.

Vexatious representations may, for example, arise because of disputes between rival businesses.

A repetitious representation is one that is identical or substantially similar to representations made at the time the licence was granted or reviewed and a reasonable interval has not elapsed since that earlier grant or review.

Can 'Responsible Authorities' and 'Other Persons' make representations to every application?

No, only to applications for the provisional grant or grant of a new licence, or, to an application to vary or review an existing licence or certificate.

The exception to this is the Police and Environmental Health Service, who can comment on all types of applications and notices.

Can 'Responsible Authorities' and 'Other Persons' be represented?

Yes, but they will need to specifically ask someone to act on their behalf. An Other Person could ask, for example, a legal representative, ward councillor or friend, to act on their behalf.

Who do 'Responsible Authorities' and 'Other Persons' make their representations to?

Send your representations, which must be made in writing and include your name and full address, to:

The Licensing Team
Civic Offices
2 Watling Street
Bexleyheath DA6 7AT

Or

The Licensing Partnership
Council Offices
Sevenoaks
Kent TN13 1GP

E-mail licensing.office@bexley.gov.uk (Please remember to include your name and address if you submit your representation by e-mail).

The Licensing Team must receive representations no later than the last date specified in the application, as the Act does not allow the Council to consider late representations.

The Role of Ward Councillors

Ward Councillors can make representations in writing and at a hearing on behalf of an Other Person such as a resident or business if specifically requested to do so. Furthermore, if asked they can represent any party who has made relevant representations at a hearing. They can also make representations in their own right. Also, as an elected member of the Council they can make representations if they have relevant concerns about any licensed premises, regardless of whether the premises is in their ward. There may also be occasions where a ‘Responsible Authority‘ such as the police may wish to ask a Ward Councillor to act as a witness at a hearing.

What happens after an 'Other Person' has made representations?

Representations that are irrelevant, frivolous, vexatious or repetitive must be disregarded, so the first thing the Council will do is check that the representations can be considered. In border line cases the Council will give the benefit of the doubt to the Other Person.

What happens if representations are not accepted as 'relevant'?

In the first instance the Licensing Team will write and tell you that your representations may not be relevant. Ordinarily, the reason for this will be that you have failed to address the licensing objectives. Other Persons may be able to challenge the Council’s decision by way of judicial review in the High Court.

What happens when representations are 'relevant'?

A copy of the representations will be sent to the applicant and arrangements will be made for the Council’s Licensing Sub-Committee to hear the application and the representation made to it.

Hearings will take place in public, although the Sub-Committee may in certain instances decide that it is in the best interest of the public to hold hearings in private.

The detail of all representations (including the 'Other Persons' name and address) will be included in a report that the Licensing Team will prepare for the hearing. These reports are public documents.

'Other Persons' will be invited to attend the hearing, as will the applicant and any 'Responsible Authorities' that have made representations. Any party may be assisted or represented by any person at the hearing regardless of whether that person is legally qualified.

The Licensing Team will notify everyone of the date and time of the hearing and provide details of the procedure to be followed at the hearing.

At the hearing the Sub-Committee will decide whether to grant the application if full or in part, and if granted what conditions should be imposed on the licence.

Is a hearing always required?

No, it is possible for all parties to agree that a hearing is unnecessary. In such instances, and subject to the Council also agreeing that a hearing is not required, the Licensing Sub-Committee will decide the application on the basis of a written report only.

Can representations be withdrawn?

Yes, by giving notice to the Licensing Team no later than 24 hours before the day of the hearing or in person at the hearing.

Who makes the decision?

The Licensing Committee is made up of no more than 15 elected Members of the Council and the Licensing Sub-Committee will comprise of any 3 of these Members.

What can 'Responsible Authorities' and 'Other Persons' do if they are unhappy with the decision of the Sub-Committee?

They can appeal direct to the Magistrates Court within 21 days of the decision of the Sub- Committee.

Last Updated – July 2017

1. Composition of the Licensing Committee and its Sub- Committees

The Council’s Licensing Committee comprises at least ten, but no more than fifteen elected Members. Its Sub-Committees are made up from any three Members of the Licensing Committee.

The functions of the Licensing Committee and its Sub-Committees are set out in the Council’s Constitution and Code of Corporate Governance. However, the role of determining applications that are subject to representations ordinarily falls to the Sub-Committee.

Members do not consider applications for premises located in the Wards they represent and the Council’s Code of Conduct for Members applies.

2. Licensing Hearings

Hearings are ordinarily held in public, however, the Sub-Committee may exclude the public and press, in accordance with Schedule 12A to the Local Government Act 1972, where it considers it to be in the public interest to do so. In addition, if in the view of the Sub-Committee any person attending the hearing is behaving in a disruptive manner, they may be required to leave. Such a person may, before the end of the hearing, submit to the Sub-Committee in writing any information which they would have been entitled to have given orally.

A party to a hearing (that is the applicant, licence holder or any person or body who has made relevant representations) may be assisted/represented by any person they choose, whether or not that person is legally qualified.

The rules and procedures concerning the running of hearings are often prescribed by regulations. Where regulations apply all parties will be provided with a copy of the relevant regulations prior to the hearing. It is usual for such regulations to set out timescales relating to the receipt of evidence and the calling of witnesses, together with the manner in which the hearing should be conducted.

In respect of hearings for applications not governed by regulations, any documentation to be used in evidence should normally be provided to the Council’s Licensing Team not later than eight working days prior to the date of the hearing. If photographic or video evidence is to be presented, three copies should be provided within the same timescale.

If at the hearing, any document or other evidence is introduced for the first time, the Chairman of the Sub-Committee will ask whether its introduction is opposed. Where any party objects to the introduction of new evidence, it will not be admitted.

Agenda papers for the Committee and Sub-Committee are made available to Members and placed on public deposit 5 working days before the date of
the hearing.

However, there are some circumstances, which are prescribed by regulation, where it is not possible to deposit the agenda papers 5 working days before the hearing, for example, consideration of a Temporary Event Notice following an objection notice served by the Police or Environmental Health Service.

Order of hearing

The Council wishes to ensure that every hearing is fair to all concerned, and whilst hearings are ordinarily in the form of a discussion, the Chairman of the Sub- Committee will structure the discussion in a manner that ensures all parties have the opportunity to be heard and make their case.

Evidence is ordinarily heard in the following order:

• any Responsible Authority and their witnesses
• any ‘Other Person’ and their witnesses; and
• the applicant or licence holder and their witnesses

The Chairman of the Sub-Committee may ask the parties to agree a time limit for this part of the hearing.

Members of the Sub-Committee may ask questions of all parties after they have given their evidence. However, cross-examination of one party by another will only be allowed with the prior approval of the Sub-Committee.

Once all the evidence has been heard all parties will be offered the opportunity to briefly sum up. The applicant or licence holder will be the last person to sum up.

Giving evidence

Before addressing the Sub-Committee each party should give their full name and address.

Strict rules of evidence do not apply and evidence is not given on oath. Hearsay evidence, such as repeating something another person has told you, may be taken into account but will be given the appropriate weight by the Sub-Committee. Unless exceptional circumstances apply, the Sub-Committee will usually give more weight to first-hand evidence.

Where a number of parties have made relevant representations on similar grounds they may, if they wish, and depending on the circumstances, and if the Chairman of the Sub-Committee may so direct, nominate one of their number to act as their spokesperson.

Whilst the Sub-Committee needs to know the full extent of each party’s case the repetition of information already given is not helpful and is time-consuming. The Sub-Committee reserves the right to interrupt any party who presents repetitious or irrelevant information and curtail that person’s statement.

The Sub-Committee will disregard any evidence that is not relevant.

Non-attendance at a hearing

If a party has informed the Sub-Committee that they will not attend, or be represented at a hearing, it is likely that the hearing will take place in their absence. If without such an indication, a party fails to attend, the Sub-Committee may, where it considers it in the public interest, adjourn the hearing to a specified date or continue with the hearing in the party’s absence. Where it is held in the absence of a party the Sub-Committee will nonetheless consider the application, representations or notice made by that party.

When a written statement is admitted by any party, the Sub-Committee may take into account the fact that the person to whom the statement is attributed is not present to be asked questions.

Determination

After hearing all relevant evidence the Sub-Committee will retire. The Council’s Legal Adviser will ordinarily accompany the Sub-Committee in order to provide any requisite information or advice regarding the appropriate legislation and procedure.

Once the Sub-Committee has concluded their deliberations the Chairman will announce their decision together with, if relevant, the detail of any advice or information provided to the Sub-Committee by the Legal Adviser.

Adjournments

Subject to any statutory time limits, the Sub-Committee may adjourn a hearing if it considers it to be in the public interest to do so.

Where the Sub-Committee agrees an adjournment it will do so to a specific date, time and place.

Irregularities

If there is any irregularity in proceedings the Sub-Committee may, if it considers that any party may have been prejudiced, take such steps as it thinks fit to cure the irregularity before reaching its decision.

The Sub-Committee may also correct any clerical mistake in any documents recording the Sub-Committee’s deliberations or decisions.

Record of proceedings

A record shall be taken in the form of notes and thereafter a formal minute of the hearing. The notes are not and do not purport to be a transcript of proceedings. A formal minute of proceedings will be placed on the Council’s website, normally within 15 working days.

Costs

The Council has no power to award costs to any party.

3. Further Information

If you need any further explanation about the procedure at hearings you should contact a member of the Licensing Team on telephone number 020 3045 3900 who will be pleased to help you. You can write to the Licensing Team at 2 Watling Street, Bexleyheath, Kent DA6 7AT or email licensing.office@bexley.gov.uk

Effective from 2 November 2016

The following list has been compiled by Bexley’s Responsible Authorities: August 2023

Admission

1. There shall be no admission to the premises after **:00hours, other than the readmission of patrons who have left the premises for the sole purpose of smoking.

2. Customers shall only use the (front / side / rear) entrance doors to enter the premises (after **.00 hours). This condition shall not restrict the use of the doors in the event of an emergency.

3. When the premises operates between XXXX hours and XXXX hours Door Supervisors will be provided and will remain on duty until the last customer has left the immediate vicinity of the premises.

4. Door supervision will be present on Thursday, Fridays and Saturdays, at all times the premises is open to the public until the premises is closed and all customers have left the immediate vicinity

Alcohol

5. No sale of alcohol shall be made unless the designated premises supervisor is in the licensed area of the premises.

6. No sale of alcohol shall be made unless a personal licence holder is present in the licensed retail area of the premises.

7. Any alcohol supplied for consumption off the premises must be in a sealed container.

8. All individual containers of alcohol (or the outer packaging of multipacks where individual containers are inaccessible) shall be marked with a label showing the name and address of the premises.

9. No miniature bottles of spirits shall be stocked, displayed or sold from the premises.

Alcohol at a Restaurant

10. Alcohol shall only be sold to, and consumed by, persons taking a substantial table meal, or those waiting to be seated prior to having a table meal.

11. Where a customer aged 18 years or over indicates that they are purchasing alcohol for a 16 or 17-year-old to drink with their meal, the 16 or 17-year-old shall also be required to produce a valid proof of age.

12. No-one under the age of 18 years will be served, or permitted to consume, alcohol.

Crime and Disorder

13. In the event that an incident occurs for which the police have been called, the crime scene shall be preserved to enable police to carry out a full forensic investigation.

14. When a pre-booked function is being conducted, a minimum of one personal licence holder shall be present on duty throughout the event.

15. The details of any private function booking shall be recorded and those records retained for a period of 6 months. These records to include the following:

• a) the full name and address of the person making the booking together with their mobile and home telephone numbers and e-mail address;
• b) a clear copy of photographic identification of the person making the booking; and
• c) the nature of the booking and the number of patrons expected

16. An event-specific risk assessment shall be completed by the DPS and/or Premises Licence Holder prior to any function being held. This assessment shall be recorded and available for inspection immediately by any police, community support or other authorised officer, on demand.

CCTV

17. The CCTV system serving the premises (in accordance with Home Office Guidelines) shall

• a) be maintained fully operational and in good working order at all times;
• b) make and retain clear images that include the points of sale of alcohol and facial images of the purchasers of the alcohol;
• c) show an accurate date and time that the images were made;
• d) will include a monitor, visible to the salesperson when serving at the tills, that either
  • I) displays the images being recorded by the external cameras, or
  • ii) displays only the images collected by only one of the exterior cameras

18. All CCTV images shall be retained for a period of not less than 31 days.

19. The original CCTV images shall be shown immediately upon demand to any police officer, community support officer or authorised person.

20. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show recordings to a Police Officer or authorised council officer immediately upon request.

21. The premises shall install and maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer.

22. All persons entering the premises shall be captured on an eye level colour CCTV camera. This camera shall capture the full face of any person entering and re-entering the premises and be available to police officers immediately upon request.

The CCTV must also cover the ID scanner and capture the customers being scanned in.

23. Either

• a) The original CCTV images, or a copy, shall be provided upon demand to any police officer, community support officer or authorised person in a format that can be viewed on readily available equipment without the need for specialist software, or
• b) The original CCTV images, or a copy, shall be provided to any police officer, community support officer or authorised person within 48 hours of a request having been made in a format that can be viewed on readily available equipment without the need for specialist software

24. No alcohol shall be sold if the CCTV equipment is inoperative for any reason.

Clubs

25. When the club premises is hired out to a full (not honorary) member for a private party, unless operating under the benefit of a Premises Licence or Temporary Event Notice (TEN) the ratio of members to guests shall be in accordance with that permitted by the club’s rules.

26. The club premises shall be hired only to a full (not honorary) member of the club. That member shall be responsible for the conduct of those attending the event for which the club premises is hired for the duration of the hire period.

27. Any alcohol supplied for consumption off the premises must be made to a member of the club in person.

Display of Alcohol

28. The following alcoholic beverages shall be placed behind a staffed counter:

• a) mixed alcoholic beverages under 10% a.b.v.
• b) beers or ciders over 6% a.b.v.; and
• c) all spirits in bottles less than 70cl

29. At least ** members of staff shall be on duty on the shop floor between **** hours until closing time.

30. The physical location of alcohol displays shall be in an area that is within sight of staff who are standing behind the counter.

Drugs Control Policy

31. The Designated Premises Supervisor shall either

• a) complete/attend a recognised ‘drug awareness’ training course within **** weeks / by **** date, or
• b) have completed/attended a recognised ‘drug awareness’ training course within **** weeks / by **** date

32. Staff shall be provided with ‘drug awareness training’ and be briefed on the drugs policy applicable to the premises.

33. The Premises Licence holder shall draw up and implement a premises specific drugs policy in line with the requirements of Section 8 of the Misuse of Drugs Act 1971. The policy shall be reviewed as necessary but at least annually. A record shall be kept that a review of the policy has been made.

Guidance

The following may be of assistance to those drawing up and implementing a premises specific drugs policy:

• drug awareness training may take the form of an e-learning course such as that available via CPL Learning
• HSE - Managing violence in licensed and retail premises
• HSE - Managing drug and alcohol misuse at work

Search Policy

34. The premises licence holder shall draw up and implement a search policy in respect of the premises.

35. The door supervisors shall be trained on the search policy serving the premises and will operate the door in accordance with that policy.

36. The door supervisors shall search every person and bag entering the premises/after XXXX.

37. The door supervisors shall carry out random person and bag searches on customers entering the premises/after XXXX.

Late-night refreshment

38. The provision of late night refreshment shall be restricted to the supply of hot beverages only.

39. The provision of late night refreshment shall be restricted to consumption on the premises only.

40. After [ **:00 hours] the provision of late night refreshment shall be restricted to the supply of hot beverages only.

Noise & Light

41. Where amplified or unamplified music and / or vocal performance is to be provided at any time, noise from any entertainment shall be inaudible at the boundary of the licensed premises.

42. There shall be no emptying of bottle bins after 22:00 hours.

43. All external doors and windows shall be closed when any entertainment is taking place except for ingress and egress.

44. Clear and legible signage shall be prominently displayed,

• a) at all exit doors, reminding patrons to leave quietly;
• b) advising customers as to the times and the permitted use of the [****] areas;
• c) by all exits from the premises asking patrons to leave quietly; and
• d) in the patio area asking customers to keep noise to a minimum.

45. No deliveries or removals shall take place between the hours of 23:00 hours and 07:00 hours the following day.

46. Lighting serving the premises and under the control of the Premises Licence Holder shall not cause nuisance to the occupiers of nearby properties.

Outdoor and Smoking Areas

47. No customers shall be permitted to take food, alcohol, drinks containers, bottles or glasses into the ***** area between **** hours and the **** hours/the terminal hour for licensable activities.

48. The use of the external area shall cease at [*****] hours.

49. No loudspeakers/music shall be played in the outside areas.

50. The following restrictions shall apply to the external area used for smoking only between **:** hrs and close of business:

• a) clear and legible notices shall be displayed advising customers as to the times and the permitted use of the areas;
• b) clear and legible notices shall be displayed advising customers to keep noise to a minimum.

Protection of children from harm

51. The age verification policy operated at the premises shall be "Challenge 25". This means that whilst alcohol may be sold to persons aged 18 years or over, any person who appears under 25 years of age shall be required to provide proof of age using an acceptable form of ID. The only forms of ID that may be accepted shall be:

• a) a proof of age card bearing the PASS hologram logo;
• b) a passport;
• c) a UK photo driving licence; or
• d) a military ID card.

52. Notices advertising that the premises operates a "Challenge 25" scheme shall be displayed in a clear and prominent position at the retail premises entrance(s)/and inside at the premises bar servery area.

53. Gaming machines shall be positioned where their use may be observed and monitored by staff on duty at the bar servery.

54. Signs shall be displayed inside and outside of the premises warning adults that it is an offence to buy alcohol on behalf of anyone under the age of 18.

55. No children shall be allowed on the premises after **. ** hours.

56. No children under the age of ** shall be permitted on the premises unless accompanied by an adult.

57. A till prompt system shall be in operation at the store which will remind the operator to require any customer appearing to that member of staff to be under the age of 25 to produce ID. The sale of that item shall be electronically inhibited if the operator does not electronically confirm that either the customer has ID proving they are aged 18 or over or that the customer appeared to be over the age of 25.

58. An electronic log shall be kept of all refusals, which shall be retained for 12 months from the date of each refusal. The Premises Licence Holder shall ensure that the refusals log is printed, checked, signed and dated on a weekly basis by the Designated Premises Supervisor. The electronic refusals log will be kept and maintained at the premises and will be available for inspection immediately upon demand by any police or community support officer or authorised person.

Public safety

59. All drinks shall be served in polycarbonate containers. This will necessitate the decanting of glass bottles into polycarbonate containers as and when necessary. Polycarbonate containers must be marked in accordance with any weights and measures requirements.

60. No glasses or glass bottles shall be allowed in the public area of the premises after **:** hours.

61. A “clear glazing” policy above *.*m, measured from the internal floor level, shall be kept at the premises so that staff have an unobstructed view of the area outside of the premises [through [specify windows, glazing, or vision panels as necessary]]. The exception to this shall be the display of notices required by law to be in that location and any required as a condition of this licence to be in that location.

Recording Incidents and Challenges

62. A book or other form of record, a version of which must be in English, shall be kept in which shall be recorded the date, time and circumstances of

• a) any challenge made in accordance with the “Challenge 25” scheme.
• b) any disorder, ejection or other relevant incident that occurs on the premises.

This book, or record, shall be kept on the premises at all times they are open and shall be made available for inspection immediately upon demand by any police or community support officer or authorised person. The Designated Premises Supervisor shall frequently check the book to ensure all staff are using it and shall sign and date it immediately after the latest entry.

Staff Training

65. All staff whose responsibilities include the retail sale of alcohol shall receive training on induction [and [every **** months thereafter] [**** times per year] on:

• a) the terms, conditions and restrictions of the Premises Licence;
• b) the prevention of unlawful sales of alcohol, and the likely consequence of making an unlawful sale, which shall include:
  • i. the operation of the 'Challenge 25' scheme;
  • ii. types of acceptable ID;
  • iii. the method of recording challenges;
  • iv. refusing sales of alcohol to persons who appear to be drunk, and
  • v. preventing proxy sales;
• c) the operation of the CCTV equipment; and
• d) drug awareness, which shall include training on the drugs policy applicable to the premises.

Such training shall be recorded, a version of which must be kept in English, and these records shall, on request, be made available to any police or community support officer or authorised person immediately upon demand.

Remote Sales

58. The premises shall not be open to the public and no member of the public shall be permitted to attend the premises at any time for the purchase or collection of alcohol.

59. No company signs or any form of advertising indicating that alcohol is stored at the premises shall be displayed on or around the premises.

60. There shall be no deliveries or collections to or from the premises between the night hours of 23:00 and 07:00 on the following day.

61. During the night hours (23.00 hours to 07.00 on the following day) deliveries to and from the premises shall be kept to a minimum so as to avoid any noise nuisance.

62. Alcohol shall not be on view from the exterior of the premises.

63. No unaccompanied children shall be allowed on the premises at any time.

64. No spirits shall be sold with an ABV greater than 65%.

65. Account opening procedures shall be in operation which ensure that any customer registering to place one or more orders is over the age of 18.

66. All sales of alcohol to individuals (rather than businesses) must be paid for at the time of ordering. Payment shall be made by debit or credit card, electronic payment such as PayPal, etc.

67. Age verification procedures shall be in operation which ensure that any customer placing an order which includes alcohol is over the age of 18.

68. The premises shall operate in accordance with the Challenge 25 scheme. The scheme operates on the basis that, whilst alcohol may be sold to persons aged 18 years and over, at the point of delivery any person who appears under 25 years of age will be asked for a valid form of identification. This challenge will be made by the person making the delivery.

82. Where alcohol is offered for sale and delivery on the internet or over the telephone the following terms shall apply:

• a) Orders are only acceptable from customers over the age of 18
• b) A Challenge 25 scheme is operated, ie customers who appear to be under the age of 25 will be required to produce a valid form of identification before the consignment of alcohol is delivered to them
• c) The only acceptable forms of ID are a
  • vi. proof of age card bearing the PASS hologram logo;
  • vii. passport;
  • viii. UK photo driving licence; or
  • ix. a military ID card.
• d) Alcohol will not be delivered to any person who is challenged and fails to provide an acceptable form of ID.

In respect of internet orders, the above terms shall be prominently displayed on the website and customers shall be required to accept these terms prior to placing their order. In respect of a telephone order, the person taking the order shall be required to read out the above terms and ask the customer to confirm their acceptance.

70. [Where a third party will make the delivery:] Where alcoholic products are delivered to customers, deliveries shall take place only pursuant to an order placed with a delivery company. A contract shall be in place requiring the delivery company to

• e. operate age-verification procedures which ensure that any customer placing an order for delivery which includes alcohol is over the age of 18,
• f. ensure that the person making a delivery which includes alcohol carries a copy of a book or other form of record, (which may include an electronic form), in which they shall record forthwith the date, time and circumstances under which any challenge is made in accordance with Challenge 25, and
• g. ensure that the delivery of alcohol
  • i. is made only to a residential or business address which the customer uses in a residential or official capacity, and
  • ii. is not made or completed in a public place (street corner, park, bus stop, etc.).

and a copy of any such contracts shall be kept on the premises and made available to the police and local authority officers immediately upon request.

71. Each delivery of alcohol shall be accompanied by the following words, which must be capable of being seen by the person making the delivery before they make that delivery: ‘Age verification required’.

72. The delivery of alcohol shall be made only to a residential or business address which the customer uses in a residential or official capacity. The delivery of alcohol shall not be made or completed in a public place (street corner, park, bus stop, etc.).

73. The person making the delivery shall carry a copy of a book or other form of record in which they shall record forthwith the date, time and circumstances under which any challenge is made in accordance with Challenge 25. This challenge book, or other form of record, shall be made available for inspection by any police, community support or authorised Council officer upon demand.

74. Register of Returns - A register of refusals & returns or electronic equivalent designed to record all refusals & returns of sales of alcohol shall be maintained on the premises and made available to the police and local authority officers upon reasonable request.