ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Embedded Restrictions (para 6(8) Schedule 8 Licensing Act 2003)
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10.00am to 11.00pm.
b. On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30pm.
c. On Good Friday, 12 noon to 10.30pm.
d. On Christmas Day, 12 noon to 3.00pm and 7.00pm to 10.30pm.
e. On New Year’s Eve, except on a Sunday, 10.00am on New Year’s Eve to 11.00pm on New Year’s Day.
f. On New Year’s Eve on a Sunday, 12 noon on New Year’s Eve to 11.00pm on New Year’s Day.
The above restrictions do not prohibit:
a) sale or supply of alcohol to any person residing in the licensed premises;
b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) the sale of alcohol to a trader or club for the purposes of the trade or club;
d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
e) the taking of alcohol from the premises by a person residing there; or
f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
1) He is the child of the holder of the premises licence.
2) He resides in the premises, but is not employed there.
3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Licensing Act 1964, Section 68.
68 Extension of permitted hours in restaurants, etc.
(1) In any premises to which either of the following paragraphs applies there shall be added to the permitted hours (so far as not otherwise comprised in them) for the purpose and in the part of the premises mentioned in subsection (2) of this section -
(a) where this paragraph applies, the period (, on (Christmas Day, ) between the first and second parts of the general licensing hours);
(b) where this paragraph applies, the hour following the general licensing hours;
but for other purposes, or in other parts of the premises, the permitted hours shall be the same as if that paragraph did not apply to the premises.
(2) The addition shall be for the purpose of the sale or supply to persons taking table meals in the premises, and the consumption, of intoxicating liquor which is supplied -
(a) in a part of the premises usually set apart for the service of such persons; and
(b) for consumption by such a person in that part of the premises as an ancillary to his meal.
(3) Either or both paragraphs of subsection (1) of this section may be applied, in accordance with section 69 of this Act, to licensed premises or to premises in respect of which a club is registered, if the licensing justices for the district in which the licensed premises are situated are satisfied or, in the case of premises in respect of which a club is registered, the magistrates’ court is satisfied, that the premises are structurally adapted and bona fide used, or intended to be used for the purpose of habitually providing, for the accommodation of persons frequenting the premises, substantial refreshment to which the sale and supply of intoxicating liquor is ancillary.